Five Guys Burgers

Company history and products offering The Five Guys Company was established in 1986 as a family-operated business in Arlington, Virginia. The initial focus of the company was to serve the best burgers around Washington, D.C. As the popularity of the company increased and business flourished, it expanded to other major cities in the United State and Canada.Advertising We will write a custom case study sample on Five Guys Burgers specifically for you for only $16.05 $11/page Learn More At the same time, Five Guys expanded their products portfolio and included other fast food meals. This was intended to cater for the differing needs of the growing number of customers as well as enhancing the competitive advantage. Due to extensive franchising that had begun in 2002, the company presently operates over 900 franchise outlets in the United States and Canada. Across all the Five Guys locations, there are five common product lines that appear on the menus namely : burgers, dogs, sandwiches, fries and drinks. Each of these product lines may carry a range of three to eight product varieties. The burger product line is the oldest line and the major focus of the company as it reflects the quality trademark that is sold across the American market. Products offered under the burger product line include hamburger, cheeseburger, bacon burger, bacon cheeseburger, little hamburger, littler cheeseburger, little bacon burger and little bacon cheeseburger (Five Guys, 2010). Within this product line, the cheeseburger is the most popular product and comprises of about 90% of the total burger sales. Reasons for buying from Five Guys For a very long time, Five Guys brand has been commended on their aptitude to avoid being recognized as a fast food restaurant and promising that the customers are getting quality products all the time, at any restaurant. The quality control that they preach is evident in their preparation procedures. Indeed, the aptitude of th e company is available in all parts of the United States, no matter where the customers are, with any product they would like. Customers cannot get the double patty usually known as the New Yorker with all toppings offered for free at McDonalds. Yet, they can have it their own way at any of the Five Guys locations stacked with mushrooms, fried onions and steak source if they like. In addition, there are over 250,000 ways in which a customer can order a burger at the company. Customers can trust the company that quality will be maintained and the orders delivered contain foods that are never frozen but cooled.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The cheeseburger which is the core product of the company has specific features and benefits that echo in the minds of many customers around United States. Indeed, the launching of the cheeseburger in Houston caused a major local buz z as eager consumers tried the burger, with the First Lady stating publicly that the brand was her preferred burger treat (GRM TX, Inc., 2009). The cheeseburger contains 100% fresh beef with no fillers or preservatives, providing the greatest health advantage to the consumers. The burger is served with as many free toppings as a customer would wish to have. It also comes in different sizes which range from 265 grams for cheeseburger to 317 grams for bacon cheeseburger. While the little cheeseburger is served with one patty, the regular one is served with two. The necessary nutrition elements such as calories, fat, cholesterol, sodium, fiber and protein are maintained at an acceptable level. On average, there are about 840 calories in a single burger serving which is quite normal, but the high fat and sodium content could be a health issue for the company and a market disadvantage in future. Quality control procedure As noted earlier, maintaining the best quality is the priority and focus of Five Guys. The company has always preached quality control. Their burns are toasted on a grill. Indeed, a burn toaster is quicker and the toasts produced are more even, although, it does not provide the caramelized taste. The beef used for their cheeseburgers is 80 percent lean, never put in a freezer and all burgers are handmade. The quality of the production process as well as the final products is observed in all locations. At each site, food preparation is exactly the same in order for the customers to get dependable, high quality meals. For instance, all of the bread used in all locations is made from a particular recipe and ordered from the same supplier. Other raw materials such as potatoes and lettuce are also bought from the same farms. In addition, all the staffs are required to go through the same training in regard to food preparation before any assignment is disbursed. Through these manufacturing activities, Five Guys has been able to powerfully control the qua lity of its products across all the 900 locations. In addition to that, quality control is ensured at the company through secret buyers who are sent by the management to all restaurants twice a week. These shoppers taste various products at different times noting down the extent to which the franchisees deviate from the rule.Advertising We will write a custom case study sample on Five Guys Burgers specifically for you for only $16.05 $11/page Learn More The brothers or founders also visit the locations frequently to ensure that quality is maintained. In case of severe cases regarding to poor quality and service, the franchisee may lose the contract. However, due to the strong brand name, all franchisees have maintained high quality standards which have led to good overall performance of the company. Analyzing the market share through a questionnaire Do you prefer Five Guys to other fast food restaurants? Why or Why not? According to you, is Five Guys t he most popular fast food restaurant for the Americans? Why? Given a 5-point scale where 5 stand for best and 1 for worst in that order, where would you place Five Guys in regard to performance? In regard to age, which group do you think is best represented by Five Guys’ customers? Do men visit the Five Guys restaurants more frequently than women? Why or Why not? Do you think that these customers are there on their first time, second time or on one of their frequent visits? What do you think is the most attractive aspect of the company? Do you think their functions and products reflect what they claim to be? The Five Guys cheeseburger is the most popular products offered by the company. Do you agree with the statement or not? Why? Why would you go for Five Guys cheeseburger instead of the McDonald or other fast food chain? Do you think the cheeseburger offered in the company has the health benefits sort by consumers? Where did you learn about the burger or when did you hear a bout the product? Do you think the communication channel used by the company is effective? If no, which one would you suggest to be appropriate? Why? In general, do you think the cheeseburger sale is currently performing at its best or can be improved? Marketing strategies In essence, the marketing strategies for Five Guys have not concentrated much on advertising. The company has invested in a comprehensive secret shoppers program. In this program, the restaurant staffs receive generous rewards by getting information from secret shoppers. In fact, the firm budgeted for $8 million investment in secret shoppers program in 2009 (York, 2009). This marketing on shoppers’ bonuses has been the major barrier to adopt conventional advertisements. However, Five Guys engage in some form of advertising. For instance, they have been identified to use five prints adverts, interactive adverts for their website and fan boards for guerilla marketing reasons. These kinds of marketing strateg ies are usually implemented in form of a marketing campaign. Sales trend Since 2002 when Five Guys entered the franchising business, their sales have grown tremendously. As more stores are opened in untapped markets, sales climb accordingly. In 2010, the company indicated the highest growth of 70.31% for its burger (Journalistic Inc., 2012). This was more than triple its closest competitor with 21% growth in sandwich sales. In 2011, the company sales rose by 34.7% according to a report by Techncomic, an industry consultant. Future sales are expected to increase as new restaurants are franchised and more product launches are implemented. Five Guys commercial analysis Most of the commercials created by Five Guys emphasize on the quality and uniqueness of their cheeseburger. In the commercial â€Å"Jeeves, I’m Hungry†, the concept of Five Guys is revealed. This commercial shows that price is not as important as the quality provided by the company. Five Guys cheeseburger i s for those consumers who seek to remain healthy and active. The commercial is targeted for young upcoming consumers who are vulnerable to poor health conditions. It tends to show to consumers that many burgers are just at their doorsteps and what is important is to identify which is Five Guys’ cheeseburger and ultimately make a healthy living. Unfortunately, the setting of the commercial appeals to only those who can afford the plush living. It fails to demonstrate the restaurant experience that is more relevant to the company’s franchising business. Consumers do not only need the quality products, but a good service to accompany and fulfill the quality aspect.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Conclusion The analysis of Five Guys indicates that the company has been performing better than other competitors, yet the cheeseburger as the core product shows some weaknesses concerning health effects. The firm should reduce fat and sodium content to meet the 30% limit for healthy consumption. Since this idea of poor health state is widespread, the change must be communicated through various media channels such as internet, print, radio and television to accommodate all potential consumers. This is justified by the fact that Five Guys is expanding and different consumers with different preferences are being targeted by individual franchisees. If the company shows commitment to healthy living, then the threat posed by organic food providers will be neutralized. References Five Guys. (2010). Five Guys burgers and fries. Web. Global Reality and Management TX, Inc. (2009). Five Guys Burger and Fries to open Katy, Texas location in global reality’s Westgate marketplace. Web. Jo urnalistic Inc. (2012). The top 50 brands in the nation ranked by sales. Web. York, E. B. (2009). Five Guys: an America’s hottest brands case study. AdvertisingAge. Web. This case study on Five Guys Burgers was written and submitted by user Angel G. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Homogeneous vs. Heterogeneous

Homogeneous vs. Heterogeneous Homogeneous vs. Heterogeneous Homogeneous vs. Heterogeneous By Maeve Maddox A reader comments: I have seen and heard the word homogeneous  used to refer to a multiracial or multicultural society, whereas I would have used heterogeneous. Surely homogeneous  describes an â€Å"unmixed† group of people or things? Homogeneous is from a Greek word meaning â€Å"of the same kind.† It is often used in the context of describing a group of people who are all of one race, religion, ethnicity, or gender. For example, until 1932 when Hattie Caraway of Arkansas became the first woman to win election to the US Senate, that governing body was homogeneous in that it was made up entirely of men. The following examples illustrate this meaning of homogeneous: Pastors in the United States need to be intentional in making their congregations less homogeneous and more multi-ethnic, says the pastor of one of the fastest growing churches in the country. Countries in Europe and Northeast Asia tend to be the most homogenous [sic], sub-Saharan African nations the most diverse. Note: In the second example, the spelling homogenous is an error. The word spelled homogenous (without the second e) is used in biology with the meaning â€Å"having a common descent.† For example, â€Å"Any graft, either autogenous or homogenous, that is not immediately required can be stored for use at a later date.† Heterogeneous is from a Greek word meaning â€Å"of different kinds.† It may also be used to describe inanimate objects as well as groups of people: Now residents of highly educated, high income, racially mixed communities are often attracted to interethnic heterogeneous churches. Rubbish is composed of  a heterogeneous mixture  of discarded materials and is largely of  household origin. It is made up principally of paper, rags, wood, glass, crockery, bottles, tin cans, and numerous  other wastes.   The  melting pot  is a metaphor for a heterogeneous society becoming more homogeneous, the different elements melting together into a harmonious whole with a common culture.   The â€Å"melting pot† example offers a clue to the apparent contradiction that the reader has noticed in â€Å"the use of homogeneous  used to refer to a multiracial or multicultural society.† For example, a group might include a mix of different races, but be the same in some other respect: â€Å"Unlike state prisons, which almost exclusively hold people serving state sentences, jail populations are heterogeneous, making them particularly challenging to manage,† the report said. In this context, prisoners in a state prison are seen as a homogeneous group, in contrast to prisoners in a local jail. The prison inmates, whatever their race or gender, are homogeneous in that they are all there for the same reason: all are serving state sentences. What makes the jail inmates heterogeneous is not race or gender, but the fact that they have different reasons for being there. Perhaps the most controversial of all philosophical dilemmas concerning the structuring of people within the middle school is the homogeneous versus heterogeneous grouping debate. In this context, a â€Å"homogeneous grouping† would consist of children of similar abilities, whereas a â€Å"heterogeneous grouping† would include children of varying abilities. When lawmakers speak of the necessity to create â€Å"a homogeneous multiracial society,† their goal is a society in which race, ethnicity, and religion are of secondary importance to a sense of civic equality and consciousness of a shared culture. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:The Yiddish Handbook: 40 Words You Should KnowTaser or Tazer? Tazing or Tasering?Predicate Complements

Communication and Learning Skills in Computer Science Essay

Communication and Learning Skills in Computer Science - Essay Example The digital mode of communication has facilitated creation and development of websites and software programs that have to better and eased how people communicate. Social networking is another name for interconnectivity of social sites like face books and twitters among others. Social networking and its complementary social sites have had serious and substantial impacts on how people communicate within their respective environments. Social networking has had both negative and positive impacts on the manner in which people communicate in various societies. Positive Impacts of Social Networking on How People Communicate Social networking has worked to enhance the manner and speed of communication within our various societies. To communicate through social network, one requires having special skills to read, write and interpret the abbreviations used in communicating. Due to the ease of writing these abbreviations, social networking makes it very easy for people to exchange and share inf ormation. Moreover, social networking has worked positively towards improving communication skills and efficiency of shy people who fear communicating on face to face setting (Tyson 2010, p. 9). Since communication only requires participants to write their thoughts, shy people registered in social networks have no reason to restrain from communication. In precise, social networking has enhanced confidence and courage required of people during communication (Mcnamara 2010, p. 13). The use of social networks in business organizations has significantly changed the manner in which institutional management coordinate operations. Instead of writing paper memos for events, managers can nowadays write soft memos and post them on the face book or twitter account of the organization for all friend workers to access. Negative Impacts of Social Networking on How People Communicate Social networking via sites such as Facebook, twitter, Google, and MySpace among others has greatly compromised wri ting skills and the art of communication as a whole (Jung 2012). Though communications conducted through social networking entails writing, the process is usually in the form of short message services (SMS). Real SMSs involve construction and writing of messages and sentences in their short forms that may be difficult for some people to understand. For example, instead of writing the â€Å"goodbye,† a person using SMS while communicating via social networking will write â€Å"gudby† or â€Å"gdby.† Such kinds of communication and very influential and people easily adapt to them, despite their unofficial nature that makes them inappropriate for business communications (Goodall, Goodall and Schiefelbein 2010, p.17). The confidence people tend to have while communicating via social networks has negatively worked to increase cyber-bullying. This has been possible especially in sites like face book where making friends only requires one to send a request and receive confirmation even from anonymous people. The anonymous friend understanding the level of anonymity to the other friend may be tempted to start sending inflammatory messages that translate into bullying. Bullying is usually difficult on a face to face basis of communication as perpetrators fear of their identity to the victim, which may ease accusation and prosecution on the basis of threatening

Application to the B.S. N program in New Jersey University ( Nursing Essay

Application to the B.S. N program in New Jersey University ( Nursing Program) - Essay Example HIPAA, the European Privacy Directive, and other like legislation do not concern themselves with the success or failure of a company. If a company's data is simply destroyed, then the legislation does not apply. In some cases of BCP, this type of legislation may apply, as in the case of data being maliciously copied for illegal use, and then the original source being destroyed. In this line of reasoning, the legislation that already exists is sufficient. BCP has to do with the preparation of functional copies of data that the business can use to continue to function. This will help save the business money in the case of an interruption. The success of businesses should not be legislated. It should not be against the law for a business to fail. --Doug I guess I am thinking of the stock market, banks, telecommunications, and other private companies. If they don't have a BCP and their services become unavailable, there are potentially serious consequences for the Nation. Doesn't the US government have a responsbility to ensure that critical areas have a BCP so that the country can function in case of an emergency Not tell them HOW to do it, but that they must do it and have some requirements to ensure it is being done. You are right. For example, the SCADA systems that govern the distribution/transmission of electricity and gas, must absolutely remain operational.

Car Accidents: Causes, Statistics and Prevention

Car Accidents: Causes, Statistics and Prevention Introduction Cars today play a vital role in our lives. They bring ease and satisfaction to our lives, because these vehicles help us transport from one place to another without exerting so much effort on it. Wherever you desire to go cars are the fast and easiest solution for your problems. Plus it’s mostly used in our daily activities, transportation from home to school safely, going on road trips; since you will not be able to walk carrying your luggage easily, etcetera†¦ In addition, it comes in handy during emergencies. Moreover, cars are helpful when it comes to safety, but accidents sometimes occur. Scientists and mechanics are attempting to overcome accidents by trying to figure out the faults behind the car. As explained in â€Å"Importance of Cars† article, submitted on June 25th, 2012. Reasons behind car accidents There are plenty of reasons behind car accidents: The speed of the car: For example, in Ireland it is one of the biggest factors that contribute to road deaths. Excessive and inappropriate speed causes more than 40% of deadly collisions. Excessive speed is when you cross the speed limit. The table below explains how a small difference in the speed of the car could be the difference between the life and the death of a defenseless pedestrian. The figure below sums up the stopping distance of the car in wet conditions. While the other figure explains the stopping distance of the car in normal conditions. â€Å"The pictures above are provided by Holroyd City Council Australia.† Driving in Fog: Fog can be defined with â€Å"thick cloud of tiny drops of water in the air† according to Oxford Learner’s Pocket Dictionary. It makes driving perilous in these conditions, since it reduces visibility to around 400 metres. How fog affects vision First of all, the ones vision of speed is twisted. He might think that a vehicle is driving slower than it actually is, as a result to the lowered distinction. Furthermore, as this person will not be able to judge his own speed by taking a look at his surrounding, since he is enclosed by a foggy atmosphere. Secondly, distance may be underestimated. Since people distinguish between far and nearby vehicles based on whether they are blurry or not. As a distant object or vehicle might appear blurry, and the driver’s mind will interpret that the object is actually far. Therefore accidents are more likely to take place. Distraction: If a person diverts his attention away from the road it can cause an accident. Whether that person is adjusting the stereo, using his cell –phone, or even a distraction outside on the streets, it all might happen in a split of a second. As explained in the picture above, using a mobile phone while driving will reduce the driver’s reaction time as slow as a 70 year old. Driving under influence: Driving under the influence of alcohol leads to accidents, because it’s like a tranquillizer and a powerful depressant drug, so it slows down brain functions. The brains ability of processing information is affected by alcohol. As it diminishes consciousness and sight A drunk driver would find it hard to: â€Å"judge the speed of your vehicle; Judge the distance between your car and other cars; Notice traffic lights, pedestrians and other hazards; Concentrate on the task of driving; Keep your balance, especially if you are riding a motorcycle; Stay awake when you are driving; and react appropriately to things going on around you, particularly if an unexpected hazard should suddenly appear.† As reported by the Department of Transport. Furthermore, a person may take more risks than usual, and alcohol would slow down their nervous system, and some people may not react at all. Here are some statistics: â€Å"Every 53 minutes in America, someone is killed in a drunk driving crash. That equates to 27 people every day.† â€Å"211 children were killed in drunk driving crashes in 2010. Of those 211 children, 62% were riding in the car with the impaired driver.† How Physics Improves Car Safety: Seatbelts: According to Sir Isaac Newton in his 1st law which is â€Å"if the resultant force is zero, then the object will If stationary, remain stationary. If moving, keep moving at a steady speed in a straight line.† During the accident, forced are exerted on the car. But not directly to the passenger, since he will keep moving even when the car comes to a stop. They might even hit the steering wheel or go out through the window. The speed of the car before it crashes is sharply equal to the speed of the passenger when it hits anything inside the car. That’s why seatbelts are made; to slow the driver down. Again, Newton’s 2nd law states that: The acceleration of an object is directly proportional to the force applied and inversely proportional to its mass. This law is represented by the equation below. When the accident occurs the seatbelt diminishes the stopping distance. As explained in the diagram that’s on the left. The total force exerted on the passenger’s body equals the mass of the vehicle times the vehicle’s acceleration. When seatbelts are used in the correct way, they lessen the external force of the accident and allocate the initial inertia of the collision across the body. Throughout crashes, seatbelts reduce a lot of force sensed by the passenger and lessen the severity of that person’s injury. Airbags: When the person’s head jolts forward during the vehicle crash, it will be protected by the airbags that inflate whenever the car crashes from certain aspects. So basically, its purpose is to help reduce the passenger’s speed when they collide with the interior vehicle without getting injured. Each and every object in a car has mass, speed and direction (velocity). If a person is not secured inside a car he will continue moving in the same direction (forward, or depending on the crash itself), with the same speed as the car’s, and when the car comes to a stop, until a force is exerted on that person. This passenger has momentum. So in order to stop it, a force has to act on them. Such as airbags that provide impulse. The more time the force has to act on the passenger to slow them down, the less damage caused to the passenger. The airbag has a certain amount of time to inflate when the car crashes with another object, and then the passenger hits the steering wheel. After the collision occurs in 15-20 milliseconds, the crash sensors will decide whether to inflate or ot to inflate the airbag (6-10km/h). If the sensors decide to puff up the airbag it Is about 25 milliseconds after the collision. The airbag takes about 20 milliseconds to inflate, so the person can crash onto it. The person has made contact with the airbag around 60 milliseconds, and then it begins to deflate. The deflation process take about 35-40 milliseconds. Today, airbags can be found in different places in the vehicle. Such as the head airbags, steering wheel airbag, passenger airbag, and side airbags, Even though airbags are found, the passenger still has to buckle his or her seatbelt, because it will decrease his injury. Rule and Regulations In Canada Fog. (n.d.).The American Heritage ® Dictionary of Idioms by Christine Ammer. Retrieved May 12, 2014, from Dictionary.com website:http://dictionary.reference.com/browse/fog http://www.roadsafetymayo.ie/CausesofAccidents/ http://www.roadsafetymayo.ie/media/Media,4515,en.pdf http://boltsaction.com/the-importance-of-cars-in-our-lives/ http://kimenglish9.wordpress.com/2010/12/09/car-accidents/ http://ffden-2.phys.uaf.edu/211.web.stuff/sill/ http://www.who.int/world-health-day/previous/2004/en/traffic_facts_en.pdf http://www.jstor.org/discover/10.2307/1830396?uid=3738872uid=2uid=4sid=21104009116417 http://www.roadsafetymayo.ie/CausesofAccidents/ http://seriousaccidents.com/legal-advice/top-causes-of-car-accidents/fog/ http://tristanmac.tripod.com/id14.html http://books.google.ps/books?id=kE9wMh6DjlMCpg=PA94dq=how+roads+improve+car+safety+physicshl=ensa=Xei=XDlxU9eLEaLe7Aax2ICoDAved=0CCgQ6AEwAA#v=onepageq=how%20roads%20improve%20car%20safety%20physicsf=false https://www.google.ps/search?q=how+seatbelts+workoq=seatbelts+workaqs=chrome.1.69i57j0l3.3914j0j4sourceid=chromeie=UTF-8 http://tristanmac.tripod.com/id8.html http://www.transport.wa.gov.au/mediaFiles/licensing/LBU_DL_B_AlcoholAndDriving.pdf

Morality and Lagoon Literary Essay

The Lagoon is a story about a man who visits an old friend; they had been fighting in a war and became good friends since then. Nevertheless, a long time had passed without knowing much about each other, and these friends have a lot to talk about. The consequences of a selfish decision seem to doom the life of a man who suffers pangs of conscience. A story written by Joseph Conrad, who is considered one of the greatest novelists of the English Literature, shows how vulnerable and unstable the human morality can be. What sort of desire would make a man betray his own brother? The selfish desire of a man who pursued love, happiness and peace with her beloved woman would be one of the answers. â€Å"There is a time when a man should forget loyalty and respect. Might and authority are given to rulers, but to all men is given love and strength and courage†. (Page 8) The strong love he felt for her, made him to go beyond the limits. His beloved brother supported him; he bravely became selflessly involved in his brother ´s love venture for they had always been very loyal to each other since they were children. Therefore, selfishness and cowardice were stronger than brotherhood. Arsat was so focused on escaping with his woman that he seemed to forgot how much he loved his brother, he did not noticed it, he was risking his life and also the others ´. â€Å"There is half a man in you now – the other half is in that woman. I can wait. When you are a whole man again, you will come back with me here to shout defiance. We are sons of the same mother†. (Page 9) But these words seemed to have been ignored by him, because what he seemed to have had in his mind was not love really, but obsession. â€Å"I longed to be with her in a safe place beyond the reach of men’s anger and of women’s spite. My love was so great, that I thought it could guide me to a country where death was unknown, if I could only escape from Inchi Midah’s spite and from our Ruler’s sword†. (Page 9) Thus, his obsessed mind led him to the despicable betrayal of his brother who loved him. When the plan was being executed by the three of them, the situation turns out really bad. His brother was about to be caught by the guards and the weak loyalty he had for his brother in that moment of doubt and fear, was influenced by his selfish obsession which encouraged him to push the canoe and scape without his brother. His brother was left to his fate in spite of the desperate shouts he cried. â€Å"! I am coming! The men were close to him. I looked. Many men. Then I looked at her. Tuan, I pushed the canoe! [†¦]I heard him cry my name twice; I never turned back†. (Page 10) He could bear all those years without thinking on what he had done to his brother because of his woman, but she was about to die and now he seems to be dying too. The day he betrayed his brother, seemed to have doomed the rest of his life and certainly it did. His woman was suffering of a strange disease and died. He desperately tried to recover her but his efforts were useless. And the past comes back to his mind every moment. Although he hopes to find his road to follow, he may not escape from his conscience, a nightmare he will have to face till the day of his death.

Natural Justice Essay

4) What is natural justice? Natural justice is a natural sense of what is right and wrong. It is a procedural concept and does not imposed any substantive restriction. Besides that, natural justice is also a fair administrative procedure to be followed by the administrative body in arriving at a right decision. Natural justice has two main components; the rule of hearing or rights to be heard or audi alteram partem and the rule against bias or nemo-judex in causa sua. 5) What are the main elements in nemo-judex causa sua? Nemo-judex causa sua means the rules against bias. It means that a man should not be a judge in his own cause. The principle that bias disqualified an individual from acting as an adjudicator flows from two fundamental maxims; a man should not be a judge in his own cause; and justice must not only be done but be seen to be done. The fountain of administration justice must not only be pure but it must also enjoy public confidence and credibility. The adjudicator must not only be free from bias but there must not even be appearance of bias. There are three types or elements of bias; Pecuniary bias, Personal bias and Policy bias. A pecuniary interest, however small, in a controversy disqualifies a person from acting as a judge. In DIMES v GRAND JUNCTION CANAL, a public limited company filed a case against a land owner in a matter largely involving the interests of the company. The Lord Chancellor who was a shareholder in the company heard the case and gave the desired relief to the comp any. The decision was quashed by the House of Lords because of the Lord Chancellor’s pecuniary interest in the company. Personal bias may arise in the adjudicatory right, or in favour of, one party to the dispute before him under many varied circumstances, for example relationship, friendship or business dealings with or hostility or animosity against a party may disqualify an official to act as an adjudicatory in a dispute. All these circumstances create bias either in favour of, against a party to the dispute. In AK KRAIPAK v UNION OF INDIA 1970 SC 150, a Selection Board was formed to select employee of state service to the Indian Forest Service was one of the candidates and he was a member of the Selection Board. The Supreme Court held that a member of a decision making body cannot be both a party and a judge in the same dispute. In the case of official bias, the adjudicatory is not influenced by any personal or pecuniary but he is so imbued with the desire to promote official policy of his department that he becomes blind to the existence of the interests of the private individual. When an administrator acts as decision maker to decide a dispute between an individual and his department, there is a tendency that he was an official or policy bias towards his department. In ALKAFF & CO v THE GOVERNER-IN-COUNCIL, the Commissioner of Law was a member of Singapore Improvement Trust (SIT). SIT approved certain scheme and applied to the Governor-in-Council for approval. The Governor appointed the Commissioner to inquire and to make report on the proposal. The commissioner recommended approval of the scheme. Therefore held, the appointment of Commissioner to inquire the merit of the scheme could result in suspicion that justice might not be done. The order was quashed. 6) What is the element in audi alteram partem? Audi alteram partem is the rule which requiring fair hearing. It has few elements. The first element is notice. Notice is a basic norm of natural justice is that before initiating adjudication proceedings, the party concerned should be given notice of the case against him so as to enable him to adequately defend himself. The right of hearing become illusory if the party has no knowledge of allegations which he need to meet. Notice thus regarded as the sine qua non of the right of hearing. The notice means an adequate notice as regards the details of the case against the party. Any proceeding taken against a person without adequate notice to him infringes natural justice and is thus invalid. It is necessary that all the grounds on which action is proposed to be taken must be communicated to the person concerned. If it transpires later that action was taken on a ground which had not been taken communicated to him earlier than the action will be invalid. In the case study of MARADANA MO SQUE TRUSTEES v BADI-UD-DIN MAHMUN [1967] 1 AC 13, the government took over the school on two grounds due to the failure to pay salaries of teachers and unable to manage the school, but the manager was asked to explain only one ground which is the failure to pay salaries. The managers had no notice of the other grounds, which influenced government’s decision. Privy Council held that the decision to take over the school was quashed as the managers were not given notice of one ground. The minister was acting in quasi-judicial capacity and was bound to observe the rule of natural justice. Relating to the case above, a notice must be served in order for the person concerned to know the charges he had to meet; and have a sufficient time to prepare his defence. For example, in the case of SURINDER SINGH KANDA v GOVT OF MALAYSIA [1962] MLJ 169, Lord Denning stated that if the right to be heard is to be real which is worth anything, it must carry with it a right in the accused man to know the case which is made against him. The notice must be given a reasonable opportunity to comply with its requirements. Sufficient time must be given to the concerned person to prepare his defence. For example, in the case of RE LIVERPOOL TAXI OWNERS’ ASSOCIATION [1967] 2 MLJ 186, a letter was sent to the association to show cause by return of post against the issue of fresh taxi licenses. The notice was held to be inadequate. It is against natural justice to call upon the concerned person to show cause immediately and to permit him no time to consider the charges against him. If the notice is inadequate, the decision will be invalid as it is against the natural justice. The second element is hearing. Natural justice requires an adjudicatory body to not to make a decision adverse to a party without affording him an affective opportunity of adequately meeting the allegations against him and presenting his own case. There is no fixed hearing procedure which has to be followed in all cases. It varies from situation to situation. It is ultimately for the court to decide whether the procedure adopted in a specific situation accords with natural justice or not. In the case stu dy of PHANG MOH SHIN [1967] 2 MLJ 186, the inquiry officer embarked on the inquiry immediately after reading the charge to the officer against whom the inquiry was being held. His request for an adjournment to enable him to prepare his defence was refused. It was held that there was a denial of natural justice. The third element is reasonable opportunity of being heard. There are certain elements need to be observed. The first element is the adjudicating authority should disclose all information, evidence or material which the authority wishes to use against the individual concerned in writing at its decision. The general rule is that all the relevant material which is being relied upon by an adjudicating authority for giving its decision against a person, should be brought to his notice and he be given an opportunity to comment, criticise, explain or rebut the same. For example in the case of AZIZ BIN ABD RAHMAN v ATTORNEY GENERAL SINGAPORE [1979] 2 MLJ 93, the court held that as vital and relevant evidence had not been disclosed to him, there was breach of natural justice insofar as he was denied an opportunity of correcting or controverting the medical evidence considered relied upon by the medical board. The second element is the authority should receive the evidence and all relevant material which the party concerned may wish to produce before it in its defence. In an oral hearing, the adjudicatory authority is obligated to give the person concerned opportunity to produce evidence on behalf of the affected person may amount to breach of natural justice by the authority concerned. Based on the case MALAYAWATA STEEL BHD v UNION OF MALAYAWATA STEEL WORKERS [1978] 1 MLJ 87, the company challenged an award of the Industrial Court on the ground of breach of natural justice as the company was denied the opportunity to call witnesses. The High Court held that there had been a denial of natural justice when the applicant was not allowed to call his essential witnesses to adduce evidence at the hearing and was therefore denied a reasonable opportunity of presenting his case. The third element is the authority should give to the individual concerned an opportunity to rebut the material against him. In oral hearing, cross-examination of witnesses testifying against a party should be permitted. It is actually not regarded as an obligatory part of natural justice in all cases. Whether an opportunity for cross-examination is to be given or not depend upon the circumstances of each case. Based on the case CEYLON UNIVERSITY v FERNANDO, the argument of the appellant that he had not been given an opportunity to cross-examine witnesses testifying against him was rejected by the Privy Council on the ground that he never claimed such right. Even where cross-examination of witnesses is allowed, the authority may refuse to permit unnecessary cross-examination of a witness. Even if cross-examination of witnesses is not an obligatory part of natural justice, it is still necessary for the decision-making authority to give the party concerned a fair opportunity of comment ing on the evidence produced against him and of contradicting the same. The fourth element is reasoned decision. Traditionally, the British courts had taken the view that natural justice does not obligate an adjudicatory body to give reasons for its decisions. In BREEN v A.E.U. [1971] 2 Q.B. 143, Lord Denning did emphasize that the giving of reasons is one of the fundamentals of good administration. The obligation to give reason avoids unfair or arbitrary decisions by adjudicatory bodies; search for reasons for their decisions is bound to make these bodies alert and careful. Reasoned decisions ensure that decision-making bodies apply their mind to the facts and circumstances of the matters they decide and that they do not act in a mechanical manner. In India, however, the Supreme Court has insisted time and again that natural justice obligates decision-making bodies to give reasoned decisions. The fifth element is the right to be counsel. Generally, appearance of a lawyer is not claimable as a matter of right in a quasi-judicial hearing. But in a case where complicated questions of law and fact arise, where the evidence is elaborate and the party concerned may not be in a position to meet the situation himself effectively, denial of legal assistance may amount to denial of natural justice. In PEET v GREYHOUND RACING ASSOCIATION [1968] 2 ALL ER 545, the Court of Appeal ruled that natural justice required that the plaintiff should be presented through a lawyer as he was facing a serious charge concerning his reputation and livelihood. However in the case of FRASER v MUDGE [1975] 3 ALL ER 78, the court ruled that in a disciplinary matter there was to be hearing but no legal representation. In this case, a prisoner with an offence against prison disciplines sought legal representation before the Board of Visitors while enquiring into the charge before him.