Does a Mother owe a Duty of Care to her unborn child - Free Essay Example

Sample details Pages: 9 Words: 2605 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Childhood Essay Duty Essay Did you like this example? ASSIGNMENT 1: TOPIC 2 OVERVIEW Traditionally, legal protection was rarely granted to unborn child and in the event they were granted such protection, it was strictly dependent on their live birth.[1] Since then, the law governing a motherà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability for prenatal injury has evolved and varies drastically across many jurisdictions. For example, in Canada, the courts generally take into account several policy factors to grant them immunity from liability. It is to be expected that a large majority of society would accept the proposition that a mother is required to care for and protect her child for many reasons such as emotional and moral reasons. Don’t waste time! Our writers will create an original "Does a Mother owe a Duty of Care to her unborn child?" essay for you Create order However, it is unclear whether such a percentage would agree with the fact that a mother would be liable for causing prenatal injuries to her unborn child. Perhaps the most important issue of granting mothers full immunity is that the child would not be compensated for their prenatal injuries from their mother and also from third parties like insurers. This article will examine the current law across various jurisdictions like Canada and the United Kingdom (particularly the various policy considerations adopted) in order to ascertain the most suitable approach to be implemented in Australia, since the question whether a mother owes a duty of care towards her unborn child is still unsettled in this jurisdiction. This article will also consider arguments for and against imposing a duty of care. Lastly, it concludes with a suggestion that a mother should not be liable for causing prenatal injury to her unborn child other than in motor vehicle accidents[2] and why this will be the mos t appropriate approach. INTRODUCTION Essentially, a duty of care is à ¢Ã¢â€š ¬Ã‹Å"an obligation imposed on a person to take reasonable care to ensure that they do not cause another person to suffer harmà ¢Ã¢â€š ¬Ã¢â€ž ¢.[3] The relationship between a parent and a child is one such circumstance that draws such a duty of care to be imposed in some jurisdictions. It has been accepted by many that the duty of care outlined above will only accrue when a child is born and possesses legal rights.[4] Having said that, some commentators are of the view that since a fetus is completely dependent upon his mother for nourishment and life, a pregnant woman should owe a similar duty of care to her unborn child.[5] It is without a doubt that the right of an unborn child to sue its mother will bring about several ethical and moral issues that will put a strain on family ties. In Australia, when a child is born it is automatically entitled to sue for breach of rights.[6] The courts have extended this view to include situations wh ere the unborn child sustains injuries prior to being born.[7] It is well established that the courts have held third parties like negligent road users[8] and doctors[9], liable for injuries inflicted onto an unborn child. Although the child possessed no legal rights when the damage was inflicted, it materializes when it is born and hence, reflects the laws of negligence which states that a cause of action does not accrue until damage or harm is suffered. Conversely, the courts are reluctant to apply such standards of care when it concerns prenatal injuries inflicted upon an unborn child by its mother resulting in à ¢Ã¢â€š ¬Ã‹Å"maternal immunityà ¢Ã¢â€š ¬Ã¢â€ž ¢ for such injuries. Currently in Australia, a mother owes no such duty of care towards her child except in the event of road accidents.[10] It should be noted at this stage that whilst Australia has not applied such a duty of care in such circumstances, the courts have neither rejected it completely[11], unlike the appro aches adopted in Canada and United Kingdom. CURRENT LAW CANADA In Canada, policy factors have to be taken into account before reaching a decision as to whether a mother owes a duty of care to her unborn child. This issue was dealt with in the landmark cases of Winnipeg Child and Family Services (Northwest Area) v G (DF) [1997] 3 SCR 925 (Winnipeg Child and Family Services) and Dobson (Litigation Guardian of) v. Dobson [1999] 2 S.C.R. 753 (Dobson), where the Supreme Court of Canada had first tackled this issue. Dobson involved a claim against a pregnant mother for causing injuries to her unborn child due to her negligent driving. Her fetus was apparently damaged in this and had to be delivered prematurely via caesarean section on the day of the accident. As a result, the child was born with cerebral palsy. A tort claim was brought by the maternal grandfather on behalf of the child in order to claim from his fatherà ¢Ã¢â€š ¬Ã¢â€ž ¢s insurance policy so as to cover the damages caused by negligent driving. The majority in this case found that a pregnant woman should not be held liable in the situation as a claim for negligent driving should be treated no differently to any other negligent acts of the mother.[12] McLachlin JJ goes on to add that imposing such a liability would restrict a womanà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights. Specifically à ¢Ã¢â€š ¬Ã‹Å"they would lose their liberty and not be treated equally with other women in societyà ¢Ã¢â€š ¬Ã¢â€ž ¢[13]. The majority then went on to cite the test laid out in Kamloops[14]. Following Kamloops, the Court said a duty of care is recognized if the involved parties are closely related and if the issue raises questions about public policy. One might argue that although a fetus and its mothers are usually seen as one person, the Court in this case addressed the issue as if they were two separate people. It is also vital to note that the à ¢Ã¢â€š ¬Ã‹Å"reasonable pregnant womanà ¢Ã¢â€š ¬Ã¢â€ž ¢ standard of care is an objective test. The majority in this case deemed it to take into account in this case[15] as it will raise many issues regarding a pregnant womanà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal lifestyle choices which will have a negative impact on her privacy and way of life. Eventually, the majority came to a conclusion that public policy factors associated with imposing a duty of care on mothers towards their unborn child à ¢Ã¢â€š ¬Ã‹Å"are of such a nature and magnitude that they clearly indicate that a legal duty of care cannot and should not be imposed by Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢.[16] Hence, the Court held that the public policy considerations were paramount and outweighed any sufficiently close relationship between the parties that gave rise to the duty of care and that the mother did not owe a duty of care her unborn child even in circumstances where it involved motor vehicle accidents. It should be noted that Australian courts reach a different decisions as times due to the fact that emphasis is not placed on applying the public policy considerations in such cases. Also, when it concerns motor vehicle accidents in Australia, the mother is held liable for prenatal injuries caused to her unborn child if she was negligent without weighing the public policy considerations. In Winnipeg, the Supreme Court of Canada held that a pregnant woman who was addicted to glue sniffing could not be taken away against her will in trying to protect the interest of her unborn child. The Court concluded that they had no jurisdiction to interfere in such matters and that it was beyond the scope of the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s power to detain a pregnant woman against her will. As such, the Court stated that, à ¢Ã¢â€š ¬Ã‹Å"To extend the law of tort to permit an order for the detention and treatment of a pregnant woman for the purpose of preventing harm to the unborn child would require major changes to the existing law à ¢Ã¢â€š ¬Ã‚ ¦ these are the sort of changes which should be left to the legislatureà ¢Ã¢â€š ¬Ã¢â€ž ¢.[17] UNITED KINGDOM The current law in the United Kingdom surrounding this issue is very similar to that adopted in Australia.[18] The Congenital Disabilities (Civil Liability) Act 1976 (UK) grants mothers a legal immunity from liability for causing prenatal injuries to her unborn child. However, the court cited that a legal duty should be imposed where it is the result of a motor vehicle accident.[19] Section 2 of the Congenital Disabilities Act states: A woman driving a motor vehicle when she knows (or ought reasonably to know) herself to be pregnant is to be regarded as being under the same duty to take care for the safety of her unborn child as the law imposes on her with respect to the safety of other people; and if in consequence of her breach of that duty her child is born with disabilities which would not otherwise have been present, those disabilities are to be regarded as damage resulting from her wrongful act and actionable accordingly at the suit of the child. In enacting this leg islation, the United Kingdom Law Commission also took into consideration public policy factors that was applied in other jurisdictions.[20] AUSTRALIA As discussed above, only a third party, who is not the mother of the unborn child, can be found to have owed a duty of care to the child.[21] In Lynch v Lynch (by her tutor Lynch) (1991) 25 NSWLR 411 (Lynch v Lynch), a mother was found guilty of negligent driving, causing an accident which resulted in cerebral palsy in her unborn child. Public policy factors were not applied in this case as Clarke JA held that the question before the court was à ¢Ã¢â€š ¬Ã‹Å"very narrow and related specifically to road accidents.à ¢Ã¢â€š ¬Ã¢â€ž ¢[22] The court also took into account whether there was a presence of a compulsory motor vehicle insurance in concluding whether the mother owed a duty of care to her unborn child.[23] The majority decision in Lynch v Lynch was affirmed and cited in Bowditch v McEwan [2002] QCA 172 (Bowditch v McEwan). It has been long established that a duty of care is owed to pedestrians and other road users.[24] However, Watt v Rama extended this duty of care to inco rporate fetuses injured in road accidents. In this case, a mother who was pregnant caused injuries to her unborn child as a result of her negligent driving. The child subsequently suffered from epilepsy and brain damage. The mother denied that she owed her unborn child a duty of care whilst it was still in her womb. However, the Victorian Supreme court held that since the child was born handicapped as a result of the injuries sustained while it was still in its motherà ¢Ã¢â€š ¬Ã¢â€ž ¢s womb, attracts a duty of care. As a result, it was immaterial whether the child was born or not when the injury was sustained, so as long as the victim fell into a category of people that would be affected by a negligent act caused by someone else. Although the Australian courts are required to specifically apply public policy considerations in ascertaining whether a duty of care exists, it is not as rigid and explicit as the approach adopted in Canadian courts. ARGUMENTS FOR IMPOSING A DUTY OF CARE There are many factors that needs consideration when a jurisdiction imposes a duty of care that will attract an ethical and legal difficulties. The pivotal argument put forth in cases in imposing a duty of care is that a fetus is solely dependent upon its mother for nutrition in order for it to develop healthily.[25] Hence, it is reasonable foreseeable that any negligent acts would have a undesirable impact on the unborn child. Unquestionably, the proximity test would satisfy the neighborhood principle established in Donoghue v Stevenson.[26] In addition, by imposing a duty of care, a mother will most likely act in the best interests of her unborn child. For example, a pregnant woman might refuse to attend medical checkups or follow medical advice that would benefit the unborn child. Also, she might refrain from harmful activities like smoking and drinking that will negatively impact upon an unborn child. ARGUMENTS AGAINST IMPOSING A DUTY OF CARE. Some factors would prevent such a duty from being imposed due to the repercussions it might have on the society as well as in their personal lives. This mainly revolves around preserving the autonomy and privacy of a pregnant woman.[27] As discussed in this article, Cory J in Dobson v Dobson, made it clear that a pregnant womanà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights must be upheld as first and foremost, she is a human being and should be afforded the same rights as others. The courts are also reluctant on imposing a general duty of care as this would encourage children to sue their parents in negligence. If this trend continues, it could have adverse effects on the relationship between the mother and the child as well as the rest of its family.[28] However, this reason on its own is not sufficient to complete eradicate the duty of care owed to an unborn child. SUGGESTED APPROACH FOR AUSTRALIA? On one hand, it is very important for a mother to consider how her actions might have an impact on her unborn child, however, it is not in the hands of the judiciary to dictate how she should live her personal life as that would interfere with her right to privacy. While Australian courts have not imposed a general duty of care in such cases, it has not been rejected as well. 1 [1] Lenow, The Fetus as Patient: Emerging Rights as a Person?, 9 AM. J. L. MED. 1, 3 (1983). [2] Watt v Rama [1972] VR 353. [3] LexisNexis, Encyclopaedic Australian Legal Dictionary, LexisNexis https://www.lexisnexis.com.au. [4] X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26, 30 (Mahoney JA). [5] Beal, Can I Sue Mommy? An Analysis of a Womans Tort Liability for Prenatal Injuries to Her Child Born Alive, 21 San Diego L. Rev. 325, 326 (1984). [6] X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26, 30 (Mahoney JA). [7] X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26, 41 (Clarke JA) stated that: à ¢Ã¢â€š ¬Ã‹Å"In principle it should be accepted that a person may be subjected to a duty of care to a child who was neither born nor conceived at the time of his careless acts or omissions such that he may be found liable in damages to that child.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [8] Watt v Rama [1972] VR 353; Road Accident Fund v Mtati (332/2004) [2005] ZASCA 65; [2005] 3 All SA 340 [9] Yvonne Joyce McLennan v McCallum [2007] WADC 67. [10] Lynch v Lynch (1991) 25 NSWLR 411 affirmed in Bowditch v McEwan [2002] QCA 172. [11] Kate Wellington, à ¢Ã¢â€š ¬Ã‹Å"Maternal Liability for Prenatal Injury: The Preferable Approach for Australian Law?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2010) 18 Tort Law Review 89, 90. [12] Dobson (Litigation Guardian of) v. Dobson, [1999] 2 S.C.R. 753 (Lamer CJ, LHeureux-DubÃÆ' ©, Gonthier, Cory, McLachlin, Iacobucci, Binnie JJ; Major, and Bastarache JJ dissenting). [13] Dobson (Litigation Guardian of) v Dobson [1999] 2 SCR 753, [19] (Cory J). [14] City of Kamloops v. Nielsen (1984) 2 SCR 2. [15] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Policy, 2013: 5. [16] Dobson (Litigation Guardian of) v Dobson [1999] 2 SCR 753, [76] (Cory J). [17] Winnipeg Child and Family Services (Northwest Area) v G (DF) [1997] 3 SCR 925. [18] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Policy, 2013: 9. [19] Congenital Disabilities (Civil Liability) Act 1976 (UK), s 2. [20] United Kingdom, Law Commission, Injuries to Unborn Children, Report No 60 (1974) Cmnd 5709, pp 53-64. [21] Watt v Rama [1972] VR 353 affirmed in X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26. [22] Lynch v Lynch(by her tutor Lynch)(1991) 25 NSLR 411, 415 (Clarke JA). [23] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Policy, 2013: 8. [24] Manley v Alexander [2005] HCA 79. [25] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Polic y, 2013: 3. [26] Donoghue v Stevenson [1932] AC 562. [27] Bowditch (by his next friend Bowditch) v McEwan [2001] QSC 448, [10]. [28] Dobson (Litigation Guardian of) v Dobson [1999] 2 SCR 753, [46] (Cory J).

The Lottery, By Shirley Jackson - 1227 Words

â€Å"The Lottery,† the short story by Shirley Jackson. The plot is not too hard to understand except that you do not realize what is going on until the very end. It talks about the people gather in the village square. Then they seem to be gathering up stones especially the children, and then there is the actual lottery. That means a drawing where somebody is going to â€Å"win.† Now, it turns out that after everybody pulls out their pieces of paper, and there is this elaborate ritual where family unit go and then the actual family members draw their numbers. But finally, Tessie Hutchinson, one of the house wives, one of the mothers in the community, gets the paper with the black dot on it, and she does not win anything good. In fact she is marked†¦show more content†¦The second paragraph, it is like an innocent game, but the stones’ actual reason turn out to be obviously toward the end of story. According to â€Å"Bobby Martin had already stuffed his p ocket full of stones, and the other boys soon followed his example, selecting the smoothest and roundest stones- eventually made a great pile of stones in one corner of the square and guarded it against the raids of the other boys.† (Jackson 290). Before the villagers arrive, they were carrying with them a less happy tone. The villagers’ exchange a bit of gossip laughing quietly. The way that the men assembled far from the stone pile, and they realize what is going to happen is not right. They don’t have the enthusiasm of the kids, who truly are not awareness and mature enough to realize their actions. They think it as a sort of a game. The author makes some scenes are used for foretelling ahead as a part of the story by specifying the pile of stones and the way the villagers keep a space from it. â€Å"They stood together, away from the pile of stones in the corner, and their jokes were quiet and they smiled rather than laughed.† (Jackson 291). The author gives us something was happened like the horrific ending of the tradition. We get one explanation of why this lottery even exists from one of the characters, Old Man Warner. He explains that there’s some connection between the corn that’s growing and this ritual. So he says â€Å"Lottery in June, corn

Canned Tuna Free Essays

As a result of numerous consumer complaints of dizziness and nausea, Promofoods requested that eight million cans of tuna be returned for testing last year. Promofoods concluded that the cans did not, after all, contain chemicals that posed a health risk. This conclusion is based on the fact that the chemists from Promofoods tested samples of the recalled cans and found that, of the eight chemicals most commonly blamed for causing symptoms of dizziness and nausea, five were not found in any of the tested cans. We will write a custom essay sample on Canned Tuna or any similar topic only for you Order Now The chemists did find that the three remaining suspected chemicals are naturally found in all other kinds of canned foods. The argument is based on consumer complaints of nausea and dizziness after consumption of canned tuna. But chemists have tested some samples of canned tuna and have reported that they are free from any chemical which can pose a health risk. In response to the complain of the customers, some eight million cans of tuna has been sent and tested by the chemists of Promofoods. The chemists reported that the canned tuna are free from the five out of the eight chemicals which can cause symptoms of dizziness and nausea. And the other three cannot be blamed because they are naturally found in all types of canned food. But the results of the test do not provide strong evidence to proof that the canned tuna is free from chemicals which can pose health risk. The chemists have reported that the three chemicals found in canned tuna are found in other canned food also. So, they are harmless. But we should remember that chemicals in contact with different substances behave differently. So, the three chemicals might become harmful when they come in contact with tuna. So, the chemists must have tested how these chemicals behave when they are present in canned tuna. Again, a substance might be harmless when it is present in small amount. But the same substance might be harmful when it is present in large amount. So, while testing the chemists should have determined the percentage of these chemicals in canned tuna. The test reports are being based on the tests done on the eight million samples but not on those which actually caused the customers to complain. The consumed cans should have been brought and tested in order to proof with stronger evidence the safety in consumption of canned tuna. Again, the chemists have concentrated only on the eight chemicals which can cause dizziness and nausea. But there are chemicals too which can cause these effects in the consumers. Therefore, the chemists should not totally ignore the presence of other chemicals. In short, we see that the tests conducted by Promofoods have failed to provide sufficiently strong evidence that can proof that the canned tuna was not responsible for causing dizziness and nausea among the consumers. It should have performed more detailed analysis of the consumed cans and reported the results with stronger evidence and precision. How to cite Canned Tuna, Papers

Canned Tuna Free Essays

As a result of numerous consumer complaints of dizziness and nausea, Promofoods requested that eight million cans of tuna be returned for testing last year. Promofoods concluded that the cans did not, after all, contain chemicals that posed a health risk. This conclusion is based on the fact that the chemists from Promofoods tested samples of the recalled cans and found that, of the eight chemicals most commonly blamed for causing symptoms of dizziness and nausea, five were not found in any of the tested cans. We will write a custom essay sample on Canned Tuna or any similar topic only for you Order Now The chemists did find that the three remaining suspected chemicals are naturally found in all other kinds of canned foods. The argument is based on consumer complaints of nausea and dizziness after consumption of canned tuna. But chemists have tested some samples of canned tuna and have reported that they are free from any chemical which can pose a health risk. In response to the complain of the customers, some eight million cans of tuna has been sent and tested by the chemists of Promofoods. The chemists reported that the canned tuna are free from the five out of the eight chemicals which can cause symptoms of dizziness and nausea. And the other three cannot be blamed because they are naturally found in all types of canned food. But the results of the test do not provide strong evidence to proof that the canned tuna is free from chemicals which can pose health risk. The chemists have reported that the three chemicals found in canned tuna are found in other canned food also. So, they are harmless. But we should remember that chemicals in contact with different substances behave differently. So, the three chemicals might become harmful when they come in contact with tuna. So, the chemists must have tested how these chemicals behave when they are present in canned tuna. Again, a substance might be harmless when it is present in small amount. But the same substance might be harmful when it is present in large amount. So, while testing the chemists should have determined the percentage of these chemicals in canned tuna. The test reports are being based on the tests done on the eight million samples but not on those which actually caused the customers to complain. The consumed cans should have been brought and tested in order to proof with stronger evidence the safety in consumption of canned tuna. Again, the chemists have concentrated only on the eight chemicals which can cause dizziness and nausea. But there are chemicals too which can cause these effects in the consumers. Therefore, the chemists should not totally ignore the presence of other chemicals. In short, we see that the tests conducted by Promofoods have failed to provide sufficiently strong evidence that can proof that the canned tuna was not responsible for causing dizziness and nausea among the consumers. It should have performed more detailed analysis of the consumed cans and reported the results with stronger evidence and precision. How to cite Canned Tuna, Papers

Marketing Management Market Orientation Methods

Question: Describe about the Marketing Management for Market Orientation Methods. Answer: Introduction According to Doole and Lowe (2012), Marketing management is the process which an organization follows that focuses on the application of market orientation, methods , and management of marketing resources . Organizations that operate on an international level are quite keen on developing a marketing management plan, as it would analyse the companys position and the ways of enhancing the position of the company. Marketing helps the organization to identify its potential customer base and create specific customer segment, and launch embattled promotional and advertising campaigns(Ferrell and Hartline 2012). Marketing strategy portrays a road map for the organization regarding the process of marketing and includes various other elements which helps in the enhancement of the company. In this report, a case study on HSBC bank is done, that would give a detailed structure regarding the marketing strategies of the company. Information regarding the companies activities in considered, along with its market environment. PORTER AND PESTEL analysis is conducted in order to know about the micro and macro factors of the environment in which the company prevails (Fifield 2012). Marketing strategy and marketing mix plan of the company is analysed to get a knowledge regarding the objectives of the company. In the end recommendations are made to help the company to from a strong base in Australia. Background Of The Company According to HSBC.com. (2016), HSBC is a multinational banking and financial service corporation that has its headquarters in London, United Kingdom. It is considered as the fourth largest bank. Its total assets are of us$2.67 trillion. It was established by the Hong Kong and Shanghai Corporation limited to act as a new group holding company. HSBC has 7500 offices in 87 countries all over the world. It is spread widely with around 220,000 shareholders among 124 countries. It provides a range of services like personal financial services, commercial banking, market private banking and investment banking. The bank is mainly operated in Hong Kong, Asia Pacific region, Europe, Australia and America. Being on the fourth position with respect to its assets, almost 22% of its profits are derived from Hong Kong. It has been termed as the worlds local bank. It has been successful in understanding the important and function of different market all the way through the skill gained in international trade. HSBC being a global company has greatest respect for different companies . Their motto is to provide personalised services and aid to its customers that fits the specific needs. Within Australia, HSBC has a chain of 25 branches as well as other direct channels. The growth of the company is relatively slow in Australia compared the other countries. Most of the population is mainly focussed at the domestic banks of the country. HSBC needs an extensive framework of marketing strategies and implementation of those plans in order to expand its market share in the country Market Segmentation As stated by Gilligan and Hird (2012), a market segment for an organization must be conducted in order to achieve the attributes of accessibility, measurability, profitability and large size. If the chosen segment fulfills all these attributes, then creation of that segment must be considered. For a banking and financial institution like HSBC, 75% of its customer base is derived from the commercial banking in Australia. In retail banking sector, HSBC has to compete with various other banks such as commonwealth bank, ANZ bank, Westpac, Bendigo bank, etc. In Australia 77 % of teh resident assets are done by the four major domestic bank of teh country. HSBC stands at a position with only 13.4% (Ryle et al. 2015). The current need of the hour is that HSBC needs to understand that there are various segments in the country than can be created by keeping in mind the core competency and accordingly creating the segment (Wilson and Gilligan 2012). As it eh case of commercial banking, the domestic banks have already taken its toll, HSBC must pay attention to the retail banking sector. HSBC must focus on the age group which includes people who are just freshers, out of college or into new jobs or have entered into a business entrepreneurship. Even though the net count of these customers, would not be high, yet they would spend more in comparison with the higher age group. These is a great scope to expand their credit card services. Hence, these customers are targeted as potential customers (Hollensen 2015). Market Targeting As stated by Westwood (2013), based on the segmentation done, HSBC must target the segment including the people of age group 18 to 35 years. The segmentation done must be divided into two sub sections, where one part would be the people who are interested in the basic requirements of personal banking services, whereas, the other section could be interested in other products such as personal banks, mutual funds, personal finances, etc. Hence, in accordance with the subsections made among the segments, HSBC must target the customers. Market Positioning Positioning HSBC would be considered as an important element to decide the success or failure of the extension plan. In Australia, HSBC has a collective share of only 17%, which shows that it has a long way to go in order to establish its position and declare itself as a powerful banking institution. Local factors and old beliefs have positioned the domestic banks of the country as more reliable and easily accessible institution than the other international banks (Kotler et al. 2015). Therefore, it is important for HSBC to focus on positioning itself as a successful bank with a powerful brand name. HSBC needs to invoke its international exposure and innovative and influential banking products in order to convince the target customers. Macro Factors According to Anton (2015), PESTEL analysis is aimed at determining how an organization would get affected by the macro factors of the environment. It helps to develop the business strategies, by analysing various macro factors. Political : HSBC being a multinational company, has been controlled by various laws and regulations prepared by different governments of different countries where they are operating. The organization has been maintaining the policies made by each government which further ensures the stability and successful completion of business operations of HSBC (Yksel 2012). Economical : HSBC has been able to secure a successful economic strength in the field of banking and finance. In spite of the dangers that the company faces in various parts of the world, a good administration base of the company helps it to go beyond the struggles. It enables the company to attain an equipped economic condition and create a guard against unemployment (Riasi 2015). Social : HSBC is highly influenced by the social conditions of different places. The primary aim of the company is to provide service to every society in order to provide them with facilities of the resources by HSBC. The company aims at getting a good name among the customers so that it assures that everything will be under control and customary (Ghosal 2013). Technological: the emergent of upgraded versions of technology and internet effects the working of HSBC in the past years. The company integrates the upliftment in technology and efficiently communicates with its customers globally. Except these, HSBC also uses some advanced techniques that helps the company to raise their advancement in production and operations. It makes it easier to achieve their goal. Environmental: HSBC acknowledges variations in governments challenging organizations to reduce their carbon footprints. HSBC has been dedicated to reduce its own carbon footprints by reducing waste, transport emissions and improve energy efficiency. Legal : increase in government regulation from the European Union, increments in capital necessities and as well as new anti-money laundering requirements means that HSBC deals with legal compliance that is costly and time consuming. Micro Factors Micro factors of HSBC have been analysed using the porters five forces. It is designed to help the financial professionals and other managers in order to determine the influential factors. Potential entrants : HSBC has many competitors in Australia from the other international banks that are or have planned to penetrate into the country. In spite of receiving threats from the market, HSBC was still able to set high standards for competition. HSBC supports a strong branding image and as it does not have any fear from loss of customers. Bargaining power of customers : HSBC has formed a value that has influenced the occupation from one of the two important forces customers power. HSBC has managed its customers as a result of allowing the company to gain customer faithfulness. This provides the company of getting a chance if being a leader in the banking industry (Peck et al. 2013). Threat of substitutes : an important threat faced by HSBC is the threat from its competitors new products and services. This threat increases the urge in the organization to work hard in order to influence their position. HSBC has created four sections to focus on various customer strategies. This would help the company to understand the problems and satisfy the customers more efficiently. Bargaining power of suppliers : the power provided to the customer mirror to the supplier power. This lays emphasis on two important points, one is the size and concentration whereas the other is differentiation of the materials being supplied. HSBC uses the strategy of price discrimination in accordance with the difference it the price paid by each buyer . Rivalry among current competitors : there are many competitors of the banking and financial sector. HSBC uses competent strategy to maintain the control among them. As the rivals of HSBC are capable enough to raise their standards at par with HSBC, therefore, HSBC plans various strategies to confirm that they are the first choice of the clients. Consumer Perceptions and Behaviour Consumers perception towards a brand plays a major role in doing judgement for a product. Hence, it becomes important for an organization to understand the marketing strategy and analyse consumers perception towards that particular product. HSBC has to set up a business of foreign bank in Australia. Australia already has well known and successful domestic banks, that has 77% of the assets of the country. HSBC has transformed its identity from being a finance based organization towards a banking organization. However, a lot needs to be done in order to acquire the desired position in such a well advanced country. Various survey results shows that a larger part of the country, still has a firm belief over the domestic banks of the country, rather than the international banks. The factor that drives the force against HSBC is brand perception, and accessibility to the bank. Many people are of the opinion that HSBC is more engrossed in commercial and financial aspects of banking. This perception is due to the fact, that back in 1960s, HSBC had stated its business in Australia as a financial organization. Hence, some of the customers still hesitate in preferring HSBC as their personal bank (Liu, Liu and Zhang 2014). Another important aspect of customer behaviour is the preference given to banks which are easily accessible. In the world of internet banking, there are huge number of people who prefer banks to be easily accessible. In this context, domestic banks of Australia have a greater advantage over HSBC. The branches of HSBC is quite low in comparison with the domestic banks of Australia. This is another reason for the lack of personal banking customers of HSBC in Australia (Pavlou and Stewart 2015). It is quite crucial for HSBC to change the perception of the countrymen. In order to do so, hsbc need to portray their brand a completely an Australian unit rather than a subsidiary brand. Secondly, HSBC must plan to open new branches in commercial as well as in residential areas. This will help in grabbing the attention of the local people of Australia. Marketing Mix Marketing for the financial and banking services poses different challenges for the company. marketing mix aims at providing a descriptive analysis on the product, price , place and promotional activities of the organization. (Hassan and Craft 2012). Product The products is considered as the main element in a companys marketing strategy. Poorly designed service products are not successful in generating any value for the customers. The primary aim of the product is to create a unique service that would comparatively offer more service to the customers than the competitors of the bank. The product must be efficient enough to satisfy the wants of the customers. Keeping all the details and needs in mind, HSBC has prepared various unique featured products, such as : Prepaid card : HSBC has planned to launch two prepaid cards namely HSBCs financial manager and HSBCs budget manager. The financial manager manages the spending money of the customer by transferring the spending money of the bank account into the card. The budget manager has a smaller annual load than the financial manager. The new system of prepaid cards are free from any kind of fee and it offers the same flexibility equivalent to the debit and credit cards. Real Time Balance Alerts : real time balance alerts are sent to every client of HSBC after every transactions made. It updates the client regarding the amount transacted and the balance that remains in the balance. Online Banking : HSBC manages flexibility in assessing the customers financial possessions. The clients can access the official website of HSBC and set standing orders on the amount of money to load onto the budget every month. It implements efficiency in the function and thereby reduces effort of the customers (Pealoza , Toulouse and Visconti 2013). Optional Savings Account : as stated by Taleghani et al. (2012), bank customers who pay more than a certain limit at regular intervals, qualify for HSBCs current account advance. It can be used to make regular payments or standing orders from the customers current account to save certain amount every month. This characteristics is ideal for the clients who have fixed income. Price According to Rothaermel (2015), the pricing policy of the products of HSBC must be efficient in nature as they have to look after two components. At first it must be able to attract the customers towards itself and secondly, it must be able to generate revenue for the company. There are five main components to influence the pricing decisions of a company maximisation of profit , survival, social considerations, market share maximisation, and personal objectives. It is quite unlikely that any increase in the interest rate would attract the clients, hence, there must be a base lending rate that provides the minimum revenue for banks and financial institutions. There must be also a fixed prepaid card fee. If the customers save money in order to gin the facilitates of the customers current account, the that proves to be highly beneficial for the bank to raise capital. Place The place element is very deals with the delivery of the product to its customers either physically or by using appropriate methods. Failure in making a service product available trot eh customer would result in failure , regardless of how good the product was. HSBC has an extensive branch network and also user affable internet banking system (Stites 2015). Promotion As per Marshall (2014), Promotion element depend son the efficient communication system followed by the company with its clients. The main objectives of promotion is to gain clients, provide additional information regarding the products to the clients and to persuade the clients to buy the product. Advertising, newspapers, magazines, social medias and outdoor promotions must be undertaken by the company to enhance promotions of their products. Press release, brochures and posters are also effective to grab the attention of customers in order to persuade them. Recommendation The above marketing strategies give a clear view of how HSBC could achieve major success in the Australian banking industry. Currently Australia is domination by its domestic banks with a total share of 77%. The analysis shows that there is great scope for HSBC to spread in the country and expand its services. HSBC should emphasize on providing high quality customer service and secured banking service to the people. In the current situation, any organization that can provide high end services and facilities to its customers can survive in the market. HSBC needs to integrate its products, customer services and overall business and pricing strategy in such a way that it seems expedient and favourable to the people. References Anton, Roman (2015). "An Integrated Strategy Framework (ISF) for Combining Porter's 5-Forces, Diamond, PESTEL, and SWOT Analysis." (2015): 21-26. Doole, I., and Lowe, R. 2012.International marketing strategy. Cengage Learning. Ferrell, O. C., and Hartline, M. 2012.Marketing Strategy, Text and Cases. Cengage Learning. Fifield, P. 2012.Marketing strategy. Routledge. Ghosal, S. N. 2013. 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