A history of Common Law

A history of Common Law Common Law In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair.   Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly.   Equity is an essence of principles, doctrines, and rules advanced initially by the Court of Chancery in positive competition with the rules, doctrines and principles of the Common Law Courts.  The obliteration of the old Court of Chancery and the Common Law Courts, has led to the proposition that the distinction between law and equity is now outdated; that the two approaches are now ‘fused.’   On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ‘they are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them.’ For a long time, the two structures of common law and equity ran uncomfortably side by side.   Until 1615 it was by no means established which one was to prevail in the event of a dispute.   Yet, even after that year the inconsistency between the two systems continued for a very long time.   After the restructuring of the English court system in 1865, it was decided that in the event of a conflict between the common law and equitable principles, equity must prevail.   The Judicature Acts 1873-1975 created one system of courts by amalgamating the common law courts and the courts of equity to form the Supreme Court of Judicature which would administer common law and equity.   Accordingly the court ‘is now not a Court of Law or a Court of Equity, it is a Court of Complete Jurisdiction.’ The area of law recognized as Equity developed in England and Wales in the Middle Ages in situations where the ordinary common law had failed to afford suitable redress.   Many legal actions, for example, originated by the issue of a writ but the slightest inaccuracy on the writ would invalidate the entire action.   Another inadequacy in the ordinary common law involved the fact that the only remedy was damages; that is, compensation, therefore, the court orders did not exist to require people to do something or to desist from some conduct, for example, sell as piece of land according to an agreement made or stop using a particular title.   Dissatisfied litigants frequently preferred to petition the King for him to mediate in a specific case, the courts were, in any case, the King’s courts.   These petitions’ for justice were dealt with by the King’s Chancellor who determined each case according to his own discretion.   Over the years, the decisions mad e by Lord Chancellor became known as the rules of equity, derived from the Latin meaning levelling.   These new-found rules came to be applied in a special court, the Chancellor’s Court, which became identified as the Court of Chancery.   Equity began to appear as an apparent set of principles, rather than a personal jurisdiction of the Chancellor, during the Chancellorship of Lord Nottingham in 1673.   By the end of Lord Eldon’s Chancellorship in 1827 equity was recognized as a precise jurisdiction. Nevertheless the development of a parallel but distinct system of dispute resolution was certainly bound to generate a conflict.   An individual wronged by a failure of the common law to remedy a gross injustice would apply to the court of equity.   The Chancellor, if the case accepted it, would approve of a remedy preventing the common law court from imposing its order.   The catharsis transpired in the Earl ofOxford’s Case, where the court of common law ordered the payment of a debt.   The debt had previously been paid, but the deed giving affect to the requirement had not been cancelled.   The court of equity was prepared to grant an order preventing this and resolving the deed.   The collision was in due course resolved in favour of equity; where there is an inconsistency, equity prevails.   This rule is now preserved in the Supreme Court Act 1981, s 49. The history of equity is regarded by its constant ebb and flow between compatibility and competition with the common law.   More recent developments in equity include, for example, the recognition of restrictive covenants, the expansion of remedies, the development of doctrines such as proprietary estoppel, the enhanced status of contractual licences, and the new model constructive trust.   There is an effort, then again, to validate these new developments, which are all illustrations of judicial inspiration, by precedent.   As Bagnall J said in Cowcher vCowcher: ‘this does not mean that equity is past childbearing; simply that its progeny must be legitimate- by precedent out of principle.   It is well that this should be so; otherwise no lawyer could safely advise on his client’s title and every quarrel would lead to a law-suit.’ In all probability the single most significant feature of equity is the trust.   If title to any property is vested in a person as trustee for another, equity not only restrains the trustee from denying his trust and setting himself up as absolute owner, but impresses on the trustee positive duties of good faith towards the other person.   Although one of the original development of equity, the protection granted to equitable owners behind a trust has developed considerably over the last 50 years. Remedies represent some interesting illustrations of the difference between law and equity; a difference which arose as; ‘an accident of history,’ according to Lord Nicholls in A-G v Blake. Ordinarily legal rights and remedies remain separate from equitable ones.   Some similarities do, nevertheless, occur.   For illustration, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, or to stop a nuisance, both common law claims.   In A-G v Blake, the House of Lords authorized the equitable remedy of account of profits for an assertion for violation of contract where the common law remedy of damages would have been insufficient. The equitable remedy of account of profits is usually accessible where there is a fiduciary relationship but the House of Lords endorsed its request otherwise in exceptional cases where it was the operative way to remedy a wrong.   By distinction, in Seager v Copydex, proceedings were brought for breach of confidence in regard for confidential information exposed by the defendants about a carpet grip.   Such a claim is equitable and normally the equitable remedies of injunction and account are obtainable.   On the other hand, an injunction would have been unsuccessful and he judges awarded damages.   It would appear, consequently that a common law remedy is available for an equitable claim for breach of confidence. The new model constructive trust resulted in the main due to the resourceful activity of Lord Denning MR.   In Hussey v Palmer, Lord Denning explained the constructive trust as one ‘imposed by the law wherever justice and good conscience require it.’   Cases such as Eves v Eves, where the woman was awarded an equitable interest in the property signifying her involvement in terms of heavy work, and Cooke v Head, a comparable case, regard this progress further.   On the other hand, it might be that this progression has come to a standstill since the retirement of Lord Denning.   A number of modern cases, including Lloyds Bank v Rosset, have re-established former ideology in this sphere relating to the survival of a common intention that an equitable interest should occur, and the existence of a direct financial contribution.   These ethics are more analogous to those relating to the formation of a resulting trust.The new model constructive trust has been for the most part thriving in the field of licences.   At common law, a contractual licence was controlled by the doctrine of privity of contract, and failed to present protection against a third party.   Equitable remedies have been made accessible to avoid a licensor violating a contractual licence and to permit a licence to bind third parties. It has been acknowledged that certain licences may produce an equitable proprietary interest by means of a constructive trust or proprietary estoppel.   In Binions v Evans, it was decided by Lord Denning that purchasers were compelled by a contractual licence between the former owners and Mrs Evans, an occupant. A constructive trust was imposed in her preference as the purchasers had bought specifically subject to Mrs Evans’ interest and had, for those grounds, paid a reduced price.   Also in RE Sharpe, a constructive trust was imposed on a trustee in bankruptcy regarding an interest obtained by an aunt who lent money to her nephew for a house purchase on the arrangement that she could live there for the rest of her life.The volatility of these progressing fields is once more shown in recent case law which seems to hold back from an advancement which may have pushed the boundaries too far.   Obiter dicta from the Court of Appeal in Ashburn Anstalt v W JArnold Co, accept ed in Habermann v Koehler, propose that a licence will only give effect to a constructive trust where the conscience of a third party is influenced:   it will be imposed where their behaviour so deserves.   Judicial resourcefulness in equitable disciplines is therefore made subject to refinements by judges in later cases. Proprietary estoppel is an additional illustration of an equitable doctrine which has seen momentous progression in the interest in justice ever since its formation in the leading case of Dillwyn v Llewelyn.   The dogma is established on encouragement and acquiescence whereby equity was equipped to arbitrate and adjust the rights of the parties.   Its relevance has been further improved by the Court of Appeal in Gillet vHolt, where a wider line of attack to the doctrine was taken that depended, eventually, on the unconscionability of the act.   Once more, it is an advancement which is outside of the organization of property rights and their registration recognized by Parliament. Cases such as Jennings v Rice show that the principle of proprietary estoppel and the protection of licences by estoppel continue to be a successful means used by the judges for the protection of licences and equitable rights.   The extent to which the right welcomes protection is adaptable owing to the conditions of the particular case.   For example, in Matharu v Matharu, the licence did not bestow a beneficial interest but presented to the respondent a right to live in the house for the rest of her life. A different prevailing progression in equity has resulted from the decision of the House of Lords in Barclays Bank plc v O’Brien.   The case has proclaimed the re-emergence in a broad sense of the equitable doctrine of notice.   They present that, where there is undue influence over a co-mortgagor or surety, this may provide augmentation to a right to prevent the transaction.   This right to avoid the transaction amounts to an equity of which the mortgagee may be considered to have constructive notice.   This revivification of the equitable doctrine of notice in a contemporary situation reveals evidently the flexibility of equity.   A number of cases pursued this pronouncement.   In Royal Bank of Scotland v Etridge, the House of Lords laid down common procedures for the application of the doctrine of notice in this situation. In summary equity fulfils the common law, although it does not endeavour to displace it with a moral code.   There have been setbacks and refinements, over the last 50 years, in the progress of new doctrines relating to the trust, above all when later judges seek to rationalise and consolidate new ideology.   Nonetheless it is apparent that equity remains its traditions, and prevails over the common law in the event of conflict.

Main place of work Essay

Three key points of legislation that affect employers in a business are: 1. Health and safety at Work Act 2. National Minimum Wage Act 1998 3. Pension 2b) List three key points of legislation that affect employees in a business environment. Three key points of legislation that affect employees are: 1. Data Protection Act 1998 2. The Equality Act 2010 3. The Working Time Regulations 3. Identify a range of places where a person can find information on employment rights and responsibilities. You should identify at least two internal and two external sources of information. Internal sources of information: 1. Terms of employment contract 2. Organisation policies and procedures 3. Informed college 4. Line managers 5. Trade union representatives External sources of information: 1. Citizen Advice Bureau 2. ACAS (Conciliation and Arbitration Service) 3. Government agencies 4. Libraries 5. Legal professionals 4. Describe how representative bodies can support employees. Representative bodies are organisations that represent the interest and rights of the employees. They can offer support to employees by negotiating pay and terms of employment and providing information, consultation and legal services. They also can help employees with pensions and collective redundancy issues. 5. Briefly describe employer and employee responsibilities for equality and diversity in a business environment. You should give at least two employer responsibilities and two employee responsibilities. If possible, provide relevant equality and diversity procedures from your workplace (or place of study) to support your answer. These documents should be annotated to highlight the relevant sections. The employer has the responsibility to develop and apply policies and procedures reflecting equality and diversity latest legislation, make sure that the line managers promote fair treatment and train the employees in equality and diversity topics. The employees responsibilities are to understand and respect the policies and procedures of the organisation regarding equality and diversity and respect others regardless of disabilities , ethnicity, gender etc.

10 Most Important Dinosaurs of Africa

Cell phones How have they changed us socially - 1632 Words

Does cell phone use really affect our communication skills? Cartoon by Izzy Peterson by Erin Stewart, Editor November 25, 2013 Filed under Fall 2013, Story Cycle 4, Features, Opinion, Showcase The short URL of the present article is: http://lhslance.org/bKUbA We live in a world where communication through modern technology is almost required. Everywhere people are texting, emailing, writing blogs and tweeting. It’s hard to go anywhere without seeing someone using a phone or the Internet to connect with others. Can you imagine not being able to check your Twitter, Facebook or messages for a week? We would feel lost. Of course the use of technology can be good. It provides us with faster, more efficient ways to communicate with†¦show more content†¦Studies have shown that it makes it difficult for students who rely so heavily on technology to actually communicate to adults in person because they don’t quite develop all of the necessary skills to hold or even start a face-to-face conversation. However, these skills are a crucial tool in the workforce. If you want a high paying, stable job, or possibly even to be admitted to a university, you must have good face-to-face communication skills. If you lack these specific skills you most likely won’t even make it through the interview. â€Å"Teens are in the stage of their life where they’re learning so if you don’t learn to have good communication skills, then when you become an adult you will have a harder time asking for help, being proactive with things in your life,† said reading specialist Mrs. Tracey Cassidy. Students who are constantly texting with abbreviated forms of words have begun to speak with the same acronyms. The now everyday uses of â€Å"LOL† and â€Å"OMG† have become substitutions for actual emotional responses in conversations. This form of talking is often seen as flighty and uneducated. They’re not only speaking in abbreviated ways but they are also beginning to become distracted during conversations. While texting, it is easy to jump from topic to topic when an idea comes to mind. However, this is causing many students to become unfocused and sidetracked during face toShow MoreRelatedcell phones: how have they changed us socially927 Words   |  4 Pages Cell phones: How Have They Changed Us Socially? Introduction Thesis Statement: Cell phones have socially changed our lifestyle and have greatly influenced our lives. Alternatively referred to as a cell, cellular, and cellular phone, a cell phone, which is also sometimes abbreviated as â€Å"cp† is a mobile phone or portable phone that enables a user to communicate almost anywhere in the world. The cell phone was invented by Dr. Martin Cooper who led a team of developers at Motorola and madeRead MoreThe Social Impact of Cell Phones Essay1465 Words   |  6 Pagesclosest thing to â€Å"cellular technology† was a car phone made by the ATA Company but, Martin and his determined Motorola group yearned higher heights and deeper depths for communication- and thus the birth of the first cell phone was in process. Cooper wanted to exceed the limitations of just simple â€Å"car conversation†. After consistent tedious hours of production, lasting a several month long period of building, critiquing, and finalizing, the first cell phone was born. 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This paper will show how the cell phone has had a dynamic impact on social interactions in today’s society. First it will show the point of having a cellular phoneRead MoreEssay About Mobile Phones966 Words   |  4 PagesThroughout the years cell phones have changed a lot with advanced technology. Improve technology has made a great change in history of phones, transforming the huge brick-like mobile phone of 1995 to sleek and stylish smartphones we carry with us now. Back then people didnt have the features phones as for now. For example, pictures, facetime and touch screen. At this moment, advanced technology in cell phones has gained much attention to all people ages. The only difference is that a few years backRead MoreThe Effects Of Internet Technology On Society s Society Essay903 Words   |  4 Pagestechnology and use it on a daily basis, whether it be a cell phone, computer, GPS, or a tablet. Technology helps us in many different ways by being able to complete t asks easier, and be connected to people we cannot see daily. Text messages, emails, apps like Snapchat, Skype, or FaceTime helps us stay connected to people far or near. Wireless internet has allowed internet access to any phone, or computer in reach. Technology has helped us complete necessary online applications like college admissionRead MoreEssay about The Most Important Technology: Cell Phones1220 Words   |  5 Pageslife and became amazed about how popular, of all the technology, cell phones have become. It’s amazing that in our culture we make ourselves available every minute of every day. Many people don’t even have home phones anymore. Cell phones have become more of a necessity more than a need nowadays. They became an essential communication tool. Cell phone usage in the US has increased from 34 million to 203 million in the last ten years. Many may want to view the cell phone as your personal safety deviceRead MoreThe Speech : The Communication Drought 1500 Words   |  6 Pageslater. They would pick up the cell phone paying for long-distance calls and could only talk to one person at a time. Teenagers passed hand-written notes to their friends in class. For the last decade, technology has changed the way in which people communicate, mainly due to the advent of the Internet. Instead of mailing letters, we are writing e-mails and rather than sending messages through text, we Snapchat. Many people have previously thrown their landline phones out the window and exchanged themRead MoreWhy I Don t Use Time For Homework863 Words   |  4 Pagesthe background (I’ll have to look up his name later). At the same time, though, it all happened so fast. One moment it was safe and secure in my grasp, and the next it was lying on the floor just as shattered as my heart. I could only stare at the catastrophe that lay in front of me. I thought about how I would live without that little guy – I also thought about all the money that I was going to burn on this little mishap. No, I’m not addicted to my iPhone, I just like to have it near me in caseRead MoreCellphones Have Become A Huge Part Of Everyday Life1206 Words   |  5 Pagesperson without a cell phone in their hand or a computer on their lap? Very slim. In the modern culture, technology has become a huge part of everyday life. This is replacing social interactions with social media and love letters with messaging and genuine friends with far away strangers. Over the course of technology development, social and communication skills have greatly decreased due to dependence on such devices, thus being a direct effect. For American teen’s, cellphones have become a vital

Effects of Changing Times on Families Explained in The...

The Changing American Family by Cris Beam and The American Family Is No More by Allie Bidwell. Both of these articles are explaining how the traditional American family has changed and that there is no traditional American family anymore. These articles all explain how times have changed and families are growing more diverse and no longer follow the trends the once followed. While the article by Cris Beam was more based of statistics and how much things have changed, Allie Bidwells article still had the same bottom line main idea. Both authors’ views were essentially the same and made the same arguments. In The Changing American Family by Cris Beam he uses statistics to show how the changes have changed so drastically. These†¦show more content†¦In my life at the beginning you would be able to say my family had â€Å" The Traditional American Family† my mother and father were together raising two children, one boy and one girl, a dog in a nice house in the suburbs. But like most other families apparently, my parents divorced, my father remarried and my mom raised us. I live my life day-to-day not really thinking about the changes that are going on around me every day, before reading this article I would have never even thought twice about this actually being a thing. In a way there’s nothing you can not really do about something like this, nor is there a reason to do something about this. People are living the lives the way they want with the people they want, or don’t want. It definitely sparked something in me making me interested on why, why people are acting differently, what has changed making this so much different from 40 years ago. This whole situation has always made me, while dating and meeting people want someone I will be with my whole life. This â€Å"Traditional American Family† almost brainwashed you to think that’s how your family is supposed to be, but in all reality it’s not. The Traditional American Family, it can mean anything honestly. What it was perceived from back in the 60s to what it is today there may not be a norm but a tradition

Different Aspects of Women Free Essays

In Bram Stoker’s novel, Dracula, Stoker portrays many different aspects of women’s roles in the nineteenth century. Women had a strictly defined role within the era; there was no thought of equality, no thought that women could liberate themselves sexually. Stoker uses women in this novel to critique against women’s liberation. We will write a custom essay sample on Different Aspects of Women or any similar topic only for you Order Now Stoker’s portrayal of women makes the novel seem like a fantasy. Women are primarily objects of delicate beauty who occasionally need to be rescued from danger. In the novel Mina Murray is the embodiment of Victorian virtue in which she is loyal, earnest, innocent, and dependent of her husband. Stoker creates another character, Lucy Westenra who is completely opposite of Mina. Lucy is embodies the desire of women who want to liberate themselves. Only Mina shows any considerable strength or resourcefulness. Lucy is primarily two-dimensional victim, picture of perfection who is easy for Dracula to prey upon. Mina is not most noteworthy for her physical beauty like Lucy. Mina’s sexuality remains mysterious throughout the whole novel of Dracula. Even though she gets married, she never gives voice to anything resembling a sexual desire or impulse, which enables her to retain her purity. Stoker creates suspense about whether Mina will be lost like Lucy. Throughout the novel, Mina portrays what women are expected to do in the society. In the beginning of the novel, Lucy is much like Mina. She is a paragon of virtue and innocence, qualities that brings three suitors to her. Lucy differs from Mina in one aspect, she shows her sexuality. Lucy’s physical appearance captivates each of her suitors, and she displays comfort or playfulness about her desirability that Mina never feels. Stoker amplifies this faint whisper of Lucy’s insatiability to a monstrous volume when he describes the undead Lucy as a wonton creature of ravenous sexual appetite. With Stoker’s concern with female chastity and virtue, it is hard to imagine him granting his female characters the degree of sexual freedom. Lucy’s wounds suggest a virgin’s first sexual encounter. She escapes into the night and is penetrated in a way that makes her bleed. â€Å"As she looked, her eyes blazed with unholy light, and the face became wreathed with a voluptuous smile†¦She still advanced, however, and with a anguorous, voluptuous grace, said: ‘Come to me, Arthur. Leave these others and come to me. My arms are hungry for you. Come, and we can rest together. Come, my husband, come! ’ There was something diabolically sweet in her tones— something of the tingling of glass when struck— which rang through the brains even of us who heard the words address ed to another† ( Stoker 227). This threat becomes reality as Lucy, now a blood and sex starved vampire, does her best to lure her fiance into eternal damnation. Lucy is the first to fall under Dracula’s spell because she displays comfort or playfulness about her desirability that Mina does not show. Stoker also describes her as the â€Å"loose† woman, she isn’t conservative as Mina and she loves all the attention from her suitors. Lucy also falls under Dracula’s spell because Dracula has this charm that attracts Lucy making her have strong desire for Dracula. Lucy shows that she has sex appeal and that she has desirability for men; and it made her an easy target for Dracula, knowing she will give in when he approaches her. How to cite Different Aspects of Women, Papers

The Tourism Industry in Hong Kong

Question: Write a research proposal about the relationship of the high expenditure customer satisfaction and retention in a Hong Kong travel agent. Answer: Background of the research The tourisms industry in Hongkong contributes hugely for the growth and development of the economy of the country. It has been calculated that the tourism industry has contributed 5 percent in the GDP of Hong Kong. Two Lac Seventy-one Thousand and Eight hundred people have been employed in the tourism sector and the industry has 7.2% share of the entire employment of the country (Hongkong Tourism: The Facts 2016). Though the industry has experienced certain amount of loss in the in the year 2015 and in the year 2016, yet it continues to be one of the highest revenue gaining sector of the country. With the increase in the tourism sector, the business of the travel agencies and the travel agents also rise accordingly. The Hongkong tourism commission takes necessary and important steps to develop the tourism industry in the country. The commission aims at the development of the new strategies and the policies that will help in the growth of the tourism sector in Hongkong (Wen and Hou 2015). The travel agents have to refer to the commissions for the issue of license when they are growing a new business in the country. The travel agents provide full-proof plan for the customers who plan for tour from Hongkong. The travel agencies at times prepare tour plan as per the demands of the customers (Firth 2012). However, some of the customers who aim for luxury tours approach the agencies that provide them full value for the money. Whereas, it can be seen that sometimes the customers make their own plan. The research will throw light on the rate of customer satisfaction (Spilsbury 2012). The researcher will also evaluate whether the travel agencies are able to satisfy the demands of the customers regarding the tour plans. Research objectives To study the trust factor among the high expenditure customers for the travel agencies To study whether the customers came back to the same travel agency that had earlier provided them with good products To study the relationship between the travel products and the product price with customer satisfaction Research questions Are the customers who aim at high expenditure in travelling trust the travel agencies? Do the customers came back to the same travel agents after being satisfied with a tour or they try other travel agencies? What is the relation between the travel products and the travel price with customer satisfaction? Research aim The main aim of the research is to study the growth of travel agencies in Hongkong and investigate the factors, which drive the customers to take help of the travel agents. In addition to this, the factors that will help in customer satisfaction will be studied that could help retaining more customers by the travel agents. Reasoned justification of the study The tourism industry is growing at a positive rate in Hongkong and simultaneously the competition among the travel agents is rising. In a situation when the competition is string, it is important to measure the customer satisfaction so that the company can take steps to retain the customers. The research will be helpful for the companies to get an idea about the taste and preference of the customers. The feedback will help the company to enhance their products qualities and improve the packages and hence will be helpful in retaining the customers. As the tourism industry in Hongkong is growing, hence the footfall of the international customers is also rising in the country. As the footfall of the customers who are opting for luxury packages is rising, hence it is important to get the feedback of the customers who have interest on the high-priced packages (Peis 2012). The research will evaluate the mentality of the high-end customers and will design the packages in such a manner so that they are able to attract the international as well as the national customers. The primary data will reveal the exact areas that need to be looked into by the company so that they are able to design better products in the future. Limitations of the Study The researcher mainly takes into consideration the customer satisfaction and customer retention after availing the travel packages. The study does not consider the growth of the customer due to the packages. It is true that the retaining the customers are an important part of the business but the companies should also think about the ways of growing the customers. The research does not throw any light on the ways that should be applied by the travel agencies to increase the number of customers for the company (Maxwell 2012). The primary data collection is being based on the customers who have availed the tour packages from one particular company. It might happen that other customers have different perspectives for other travel agencies from where they have availed packages from other companies (Tesch 2013). The researcher does not take the feedback of the customers who have availed the travel packages from other travel agencies. It is a huge setback for the research work. It would have been better if the researcher has taken into consideration other travel agencies to complete the research work (Silverman 2013). The researcher mainly based its research on the customers who opted for high-value products. The customers who have budget tours might have a tough time to decide whether to go for any travel agencies or to plan the tour themselves. When one hand, the high-end customers are important, on the other hand, customers with a tight budget are also important for the companies (Kitchin and Tate 2013). It is important to satisfy the customers with a low budget to make the travel agency famous in the competitive market (Cohen, Manion and Morrison 2013). However, the researcher does not taken to consideration the low budget customers and this can be considered as a limitation for the study. The researcher should have given equal importance to the customers who have a high budget as well as a low budget. Relevant Theme and discipline area The thematic travelling is growing at a steep rate in China. Some of the themes for travel are, driving tour, study tour, eco-tourism, overseas wedding, wellness and medical, sport, cruise and travel photography. Figure: Trade and Public: Interest on themes (Source: Itehk.com 2016) The graph suggests that the public visitors mainly consult the tour agent for travel photography. The demand for travel photography is the highest among all other types of tourisms. The second position is held by eco-tourism and driving tour is just 1% less than the eco-tourism. As the trade visitors are concerned, it does not vary much for the different types of tours. The least demand is for overseas wedding as far as the public visitors are concerned. Thus, the theme of mating for the tour agents will be based in the popularity of the tours. They will do the marketing is such a manner that will be based on travel photography. The theme of the research mainly deals with customer satisfaction and the ways of retaining the customers for the travel agency. The above graph will help the travel agents to decide the type of customers that they should concentrate on to enhance the business of the travel agency. The future researcher could carry out different research works based on the similar topics. The future researchers have the chance of taking into consideration customers who opt for budget tour plans. It is important to think about the customer satisfaction among the customers who have a limited budget while they opt for any tour plans. In addition to this, a research should be carried out to evaluate the ways of increasing the number of customers for a business. The researcher has only taken into consideration one travel agency and then carried out the research work to investigate the theme of customer satisfaction. However, it is important to get the perspectives of the customers who have availed the packages from other travel agencies so that the readers get a better idea of the theme of customer satisfaction and the travel agencies in Hongkong. Initial Theoretical Approach: In order to analyze the different ways of satisfying the customers and the way they can be retained in business there is a need to see the trend of the outbound tourism in the Hong Kong City and apply the theories of customer satisfaction so that more number of customers come to avail the services. Outbound Tourism in Hong Kong City: The Hong Kong city is unique for the outbound tourism market. The country not only has a unique type outbound market but it also avails a convenient platform to tap the growth of the outbound travel of Asian countries and China. The country Hong Kong has the fourth largest market for outbound tourism and is 14th in the world in terms of the tourism expenditure (Li, Song, Cao and Wu 2013). The main reason for a commendable performance in the outbound tourism is due to Hong Kong being a densely populated area and the lack of areas of recreation has made the citizens to invest more on the holidays outside the city Hong Kong (Liu and McKercher 2014). There is a huge spending capacity of the people of Hong Kong, which is reflected from the high GDP per capita. The GDP per capita is the third highest in Asia. The travelling is more convenient for the people of Hong Kong due to the excellent transportation infrastructure and convenient geographical position, which help them to travel abroad . Almost all the people speak English and hold the SAR passport that helps them to visit 40 countries, which would not require any type of visa (Itehk.com 2016). There is no control on the foreign exchange and people by the government of Hong Kong from the leaving the territory (Tsui et al. 2014). This has led to the rise in the pleasure and business travel by the residents of Hong Kong. The outbound departures of Hong Kong were mainly to the Macau, China and other Asian destinations. The international tour and business are dependent upon the city Hong Kong due to the travelling intensity by the people. The location of Hong Kong is unique in the sense that it takes almost five hours of flight journey from almost all the cities of Asia and takes less than two hours to drive from Southern China (Jin and Wang 2015). The affluent market of the consumer is easily accessed by Hong Kong, due to the closest proximity. The closer economic partnership agreement with that of China has provided the travel companies in Hong Kong to avail a preferential treatment in the country China (Luo et al.2015). The outbound travel is better facilitated through the excellent infrastructure. There are almost 1000 flights operating on a daily basis around the world inclusive of the mainland of China. There Asian travelers from the mainland they prefer to transit through Hong Kong City. Opportunities: The citizens of the Hong Kong city they tend to travel on the public holidays like the Christmas, Easter and Chinese New Year. There are approximately 10 to 14 days of leave in a year. The travelling mainly occurs during the summers and national holidays. United States is the favorite destination for travel during the summers. The time when there is maximum holidays avail is during Spring Festival and during National Day Golden Week (Chen et al. 2015). The statistics on travelling on outbound travel from mainland China and Hong Kong would be accounted by Free Independent Travel. The people from China and Hong Kong when they travel to a new location they generally look for a packaged tour as this will help them to see multiple locations at a single point of time (Dai et al .2016). The tours availed are wine country tours, specialty tours like golfing , diving , skiing and horseback riding and shopping tours. Statistical Data on Hong Kong Outbound Tourism: The table helps in showing the expenditure of tourism and departures of the residents in Hong Kong (2012-2014): Table: Departures by the Hong Kong residents and Expenditures of tourism 2012-2014 (Source Export.gov 2016) Outbound Statistics of Hong Kong 2014: Table: Outbound Statistics of Hong Kong (Source Export.gov 2016) Model of Customer Satisfaction: The travel agents to retain the customers would be using the expectancy value theory. As per this theory, this helps in making own judgment about the products, benefits and the outcomes from using the product. The people they would be able to learn to perform the behavior, which would help in to get positive outcomes (Liu, Hong and Li 2013). The overall service quality will be dependent upon the sum of the service attributes. The theory helps in developing a direct link of the purchases made by the customer and satisfaction derived The SERVQUAL Model: The most popular theory of customer satisfaction is the SERVQUAL model. The SERVQUAL model is developed by Zeithaml for measuring the quality of the services in term of five dimensions. The model helps in describing the difference in the customer perception and customer expectation. The five quality dimensions are reliability, assurance, responsiveness , empathy and tangibles (Hsu and Song 2013). This model helps the customers to look into the business and perspective of the customers. Through the closing of the gaps, the information generated for the formulation of the strategies so that there is ensuring of customers expectation on consisted basis. The use of the model is limited to continuous improvement in the developing world when the performance of the business is not related to the innovation and service. The gap in the quality of the service involves when the perception of service is lesser than that of what is expected. The customer satisfaction can be best figured from the SERVQUAL model. The gap that is perceived is many like the expectation of the customer does not match with the travel agents decision, the travel agents they are lacking in finances to enhance the service at the desired level. The gap in the promise and the delivery is also identified through this model (Rong, Vu, Law and Li 2012). Type of data employed: The data in this research will be done based on the primary and the secondary research. The primary data will be collected through the distribution of the questionnaire to 150 customers of the travel agency in Hong Kong. The data will be collected with the random sampling technique. The random sampling technique will be used for conducting the research as this would be less time consuming and there would be less biasness in the results. The primary data will help the travel agent to understand the preferences of the customers whether they are able afford high expenditure on travelling or not. The secondary resources has also considered for the research. The secondary resources has been collected from the website journal, travel blogs, travel magazine and there are certain theories on customer satisfaction and retention strategies that have been analyzed which will be helpful in increasing the amount of customers who would be interested in travelling (Chan, Hsu, and Baum 2015). The se condary research is a convenient way of getting a detailed study on the travel and tourism aspects in the country Hong Kong. The researcher had to collect the secondary data by making payment for getting relevant data. The data collection is time consuming there are many data available and among which the relevant is figured out. Method of data collection The researcher will take into consideration the qualitative and the quantitative data. The secondary data will, act as the qualitative data while the feedback of the customers of will act as the quantitative data (Neuman and Robson 2012). The qualitative data will be in the form of descriptive data that will be available in the online sites (Miller, Birch, Mauthner and Jessop 2012). The researcher will evaluate the descriptive data. The quantitative data will be collected in the form of objective questions obtained from the customers The secondary data will be collected from the online sites where the information regarding the customer satisfactions and the growth of the travel agencies in Hongkong will be mentioned. The researcher will also study the papers that have been presented by the previous researchers (Sarantakos 2012). The previous papers will help the researcher to get an idea about the areas of the topic that have been done and the areas that are left unexplored by the previous researchers. In addition to this, the blog and the online interview of any of the eminent personalities will also act the secondary data. The questionnaires will be sent to the customers through the mail-ids. The customers who are already traveling with the company will be interviewed to get an idea about the customer satisfactions (Green, Camilli and Elmore 2012). The customers will be sorted by evaluating the travel histories. The customers who have either travelled in business class in the flights or have not opted for budget airfares will be taken into consideration. Moreover, the customers who have opted of the high-priced packages or have opted for five-star hotels in the past will be taken to consideration to study the customer satisfaction. Thus, the customers who are opting for high-priced products will be the main participants for the research work and the data will b collected from these population. Data Analysis: The data analysis is done on the information collected through the primary research. The information that is gathered from the primary data is represented in terms of the mathematical models, statistical calculations and pie charts. There will be use of the descriptive statistics for the analysis of the data. The descriptive data will involve using the statistical measures like the standard deviation, median, mean. The hypothesis of the research will be tested through the type I and Type II errors. SPSS software will help in performing the regression and correlation. Regression analysis helps is estimating the relationship among the variables and correlation will help in analyzing whether there is a positive or negative relationship among the variables (Ho, and McKercher 2014). The dependent variables are product, price, and knowledge and brand while the independent variable is customer satisfaction. A multivariate regression analysis will be done using the software. The correlation analysis which variable have a positive and which variable would be negative relationship (Arlt, 2013). The qualitative data that is collected from the different sources will be analyzed through the method of content analysis. There are three type methods under the qualitative methods under content analysis of which summative approach will be done. This would be involving comparison and counting of the content and the keywords. Direction for further research: The research paper can be used as a secondary form of data sources for the future research. There can be a research further on the ways through which the travel agencies they incorporate strategies for further development and increasing the sales of the products. 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