Has globalization caused the decline of the states economic importance Essay

Has globalization caused the decay of the states financial significance - Essay Example Moreover, with the expanded degree of data trade encouraged by present day types of correspondence, for example, the web, faxes and world broad media news providing details regarding the advanced stage, there has been an expansion in the quantity of cross guest violations. Be that as it may, the loss of state monetary significance, particularly with the expanded worldwide exchanging, viewed as one of the most unfriendly impacts of globalization to nations. While globalization adds to the development and development of nearby economies, uncovering the neighborhood producers to the remainder of the world, actually this has effectsly affected the sway of specific nations. While talking about the commitment of globalization on the decrease of the state’s financial significance, this exposition will break down different manners by which globalization has impacted the worldwide economy since the post-world war II period. Sway, characterized as the outright authority over a specific region comes from the freedom of countries. Be that as it may, different variables challenge this power. Among these, incorporate the danger of worldwide fear based oppression, the environmental change, and the forces of universal associations and the impact of the worldwide market. Globalization be that as it may, is perhaps the greatest obstruction to the power of states. Changing ideas of sway in the ongoing past consent to the presence of unadulterated state power and human power. While the unadulterated state power looks to secure the interests of the individual state in the global front, human sway ensures the enthusiasm of the individuals inside a state, which is principal, and which the state should ensure (Margdalena, 1996, p.2). Unadulterated condition of power characterizes a circumstance where the state coordinates its political, monetary and public activity as indicated by its qualities, liberated from outside impact, weight or intimidation by different states. Later

Development Study Free Essays

Advancement study is a branch in sociologies that investigates issues relating creating nations. Verifiably it has concentrated on social and financial improvement hence may stretch out its noteworthiness to different districts and networks separated from fixation on the creating scene. There are different methodologies that conceptualize improvement contemplates. We will compose a custom article test on Advancement Study or on the other hand any comparative theme just for you Request Now Among them are the modernization and reliance speculations. This paper centers to investigate their similitudes and contrast in their centrality to improvement contemplates. Reliance hypothesis is a sociology approach that contends that the created country draws assets from immature countries making them more extravagant to the detriment of their partners. The defender of this hypothesis is Sandra Ball-Rokeach and Milvin Defleur (1976). Reliance hypothesis at first was in the correspondence discipline however converged out coordinating a few possibilities. It blends possibilities from brain research from social classification hypothesis, from causal methodologies, media impacts and conventions just as logical way of thinking. â€Å"in its inclination to suitable beneficial powers with the end goal of abuse, capital strips the whole world, furnishes itself with the methods for creation from all edges of the earth, getting these from all degrees of human progress and from all types of society† (Perry 1996. p. 35) It now and again alluded to as underdevelopment hypothesis dependent on Marxist hypothesis at the end of the day, it accept that riches western country utilizes their boss status to misuse fringe more fragile countries reflecting prior frontier bonds. These immature countries uncover their conservative and political structure keeping up their dependence on created countries. They become formatively subjugated aced by the west. Some contention exist that travel industry has advanced by one way or another reflecting monetary reliance and imperialism. In any case, potential underdevelopment coming about because of reliance is the primary core interest. (Bramswell 2004. p. 323) Modernization then again contends that low monetarily engaged social orders can create if just they seize from their customary strategies and adjust to present day advancements, social qualities and financial organizations that puts an accentuation on gainful speculation and reserve funds. The social foundations and customary estimations of low pay countries impede their adequacy in economy. The vast majority of individuals in lacking society have low hard working attitudes, they for the most part expend without considering putting resources into what's to come. A large portion of these social orders have enormous families in this way setting aside cash for contributing is practically outlandish. They along these lines cloth behind in their monetary capacity (Griffiths Giddens 2006 p . 405) Modernization will in general condemn Marxist hypothesis. It accentuates the procedure of progress and the motivation to that change. Marquis de Condorcet is among the advocates of this hypothesis. His contention was that, people’s social qualities and ethics in the general public can be changed by conservative and mechanical headway. He supported mechanical progression contending that it encourages society have control to the earth and adjust to it. He contended that mechanical headway energize social advancement. (Soylent correspondences 2008) Modernization hypothesis differentiates the reliance hypothesis in various manners. In numerous pieces of the existence where it have ever been applied, it has neglected to consider authentic and social elements affecting turn of events. Such factors resemble the customary social structures, expansionism, and strict components. Normal past results have likewise not placed into record and which may have influenced a general public; starvation, floods, volcanic exercises and other characteristic natural clashes. Numerous countries like the Middle East authentic procedure impacted its turn of events. It accentuation on present day esteems being developed can't be completely depended as the back destined to improvement. The recorded procedures in legislative issues, monetary, social, instructive of a general public impact its turn of events. Improvement hypothesis contention that more extravagant countries misuses less created countries normal assets differentiate the free market that propels poor states to full monetary development. The worldwide market offers each country a chance to acknowledge it full monetary development. It is through this opportunity that a general public can exploit to buy present day esteems that can enable it to create. A less fortunate state can buy new mechanical progression improving creation in its businesses which consequently will improve it economy. Be that as it may, reliance hypothesis differentiates this circumstance contending that it is abuse. Reliance hypothesis contention that imperialism of lacking countries despite everything exist is a differentiation to modernization. In the earlier century, numerous lacking nations evoked from imperialism in the wake of understanding their freedom. This autonomy was not conceded to simply political issues yet additionally to the economy and social structures. The greater part of these countries have their normal assets still completely unexploited. Not on the grounds that their previous frontier ace have not abused these but since they need present day offices which would support them. This consequently is a difference to modernization. The proceeded with dependence on provincial experts ought not be contended as an advanced imperialism. It is apparent that the colonialist had an impact strategically, monetarily and socially to their states. Subsequently, these countries will in general counsel their provincial bosses just as exchange with them even in the cutting edge world. Difference between reliance hypothesis and modernization exist in their perspectives on global measurements that impact monetary improvement of a country. These measurements incorporate the travel industry, exchange, worldwide speculation and numerous others. Reliance contends that travel industry, facilitated commerce and worldwide venture are an impression of the reliance that exists between the created and lacking world. The greater part of the worldwide speculators are from the created world. This is additionally in the travel industry. Reliance hypothesis defenders contends this is a perfect sign of how evolved countries misuses the less produced for their development. Modernization then again sees this sort of connection to improve buy and selection of present day advances. Exchange uncovered lacking nations obtain present day innovation. In upgrading the travel industry, the lacking nations receive new innovation to expand turn outs. In spite of the fact that worldwide investors’ focuses at making benefits, they too upgrade advancement in less created countries. Reliance hypothesis places into accounts exogenous and indigenous political procedures which have a job in national coherence and development. It places into account changing conditions like strict foundation of country. Be that as it may, modernization differentiates this as its principle accentuation is on new innovation impact on improvement. Its idea of class distinction which challenges it all inclusiveness differentiate reliance hypothesis. Moreover, modernization disregards provincial neediness, joblessness, swelling, financial and political reliance and the developing hole between poor people and the rich. This complexities reliance hypothesis. (Paidar 2005) Though these two hypotheses differentiate, their contentions are both exceptionally successful being developed investigations. Improvement in a general public is an unpredictable issue which essentially may rely upon modernization and reliance hypothesis just as different ideas in the general public. Whichever point of view one would take, improvement is about the idea of a general public financial, political and social capacity. Be that as it may if modernization and reliance hypotheses are combined, they would have a progressively effective advancement contemplates depiction on a specific culture. The most effective method to refer to Development Study, Papers

How Hitler Lost the War Essay

As a persuasive, intense individual, Adolf Hitler utilized his understandable discourse to enable the Nazi ideological group. Hitler got total force as the Chancellor of Germany, in the wake of passing the Enabling Act. He used the authoritarian capacity to make the Third Reich, and through military moves and a purposeful publicity development headed by Joseph Goebbels, he had an incredible effect on the Germany’s residents. Hitler impacted the Germans into sharing a profound notion of patriotism, and the essentialness of the Aryan, or â€Å"master,† race. With this far reaching demeanor and the activation of the German military, Hitler led the subsequent universal war. In spite of the positive supporters of the German power, Hitler’s numerous errors frustrated the armies’ capacity to win the war. This incorporated his incautious air and fickle propensities, his blunders at Dunkirk, France, and his assault on Ukraine. One critical mistake made by Hitler happened when he decided to interchange from besieging the RAF, focusing on regular folks in British urban communities. This gave the RAF the reality expected to recover, and they had the option to recuperate. Hitler had lost an opportunity to beat the RAF, since they had been becoming frail under the German assault, and would in all probability have been accomplished for if the bombarding on the RAF had proceeded. The absence of rest of the Luftwaffe joined with the assurance of the British powers carried the Battle of Britain to an impasse. This ended the might German aviation based armed forces, and kept the Germans from finishing Operation Sea Lion, an arrangement to attack England amphibiously, with insignificant opposition. With the finishing of the activity, the United States would have been less shielded from a Nazi attack. Another of Hitler’s most unfortunate slip-ups was settled on in his choice at Dunkirk. The Allies encountered a lot of dread about a German assault through Belgium after the destructions of the Netherlands, Norway, Belgium, and Denmark to the Germans. The Allies managed the German 3-pronged assault, the principle power going through the Ardennes Forest, the other two through Belgium and the Maginot Line. This unexpected methodology alarmed the Allies, for the most part since the idea of gigantic tanks going through the Ardennes Forest was fantastic. This German development pushed the Allies to Dunkirk, an area on the English Channel. Hitler at that point directed the German powers to pivot, concluding that the Luftwaffe were increasingly appropriate to complete the activity and win the fight. The Luftwaffe had negligible accomplishment after a thick haze impeding the vision of the Luftwaffe and making it workable for the British to get away to wellbeing. This mix-up was prodigious†Hitler’s choice kept the Germans from clearing out the British armed force. In the event that this had happened, Germany would have had an extraordinary chance to attack Britain amphibiously. In any case, Hitler didn't make the most of the chance, and passed up a great opportunity. Hitler’s â€Å"Rape of the Ukraine† was his generally reproachful of bungles. From the point of view of the Slavs, the Germans appeared to be saviors, come to spare the individuals from the savage purview of Stalin. On the off chance that Hitler had utilized this furthering his potential benefit, he could have had more labor in his assault of Moscow. Rather, he took a gander at the Slavs as mutts, a second rate race. The Ukraines additionally had more experience managing the Russian winter and territory. Anyway Hitler couldn't look past his partiality, and transported the Slavs off to death camps to be eradicated. Hitler took their nourishment and treated them uncivilly. Had he done well by these individuals, he would have picked up troops to help in his assault in Moscow, and got a capacity to utilize the entirety of his men to safeguard the Western front, since dangers along the Eastern front could have been evacuated. Adolf Hitler had an uncanny capacity to impact tremendous hordes of individuals, yet his absence of capacity in the region of telling military powers with very much idea out methodology basically prompted the ruin of the Germans in World War II. Hitler’s execution of military developments was less then valiant. He made his greatest blunders in the Battle of Britain, and his activities at Dunkirk and the Ukraine. This pushed the Germans to an inevitable thrashing. Hitler’s Third Reich kept going twelve years, and he was never equipped for accessing the control and impact of the whole world.

Industrial Relations And Human Resource Management Finance Essay - Free Essay Example

Sample details Pages: 18 Words: 5269 Downloads: 9 Date added: 2017/06/26 Category Finance Essay Type Argumentative essay Did you like this example? Abstract The aim of this paper is to explore and review some of the scholars research work on corporate governance and how it impacted the labour management. The paper examined various literature reviews on shareholders model of corporate governance and further explained different types of governance practices in the world in relation to employee management. The interest of investors is to maximize profit and minimize cost while that of employee is for consistent and increase in wages and salary. Don’t waste time! Our writers will create an original "Industrial Relations And Human Resource Management Finance Essay" essay for you Create order There are diverse views and opinions on the impact of corporate governance on labour management; some have adverse while some are favourable. We concluded that, the effect on labour management varies with the strength of labour. Keywords: Corporate governance, shareholders and labour management Introduction Corporate governance has successfully attracted the interest of the public because of its obvious importance and relevance to the economy and society at large. Although, the concept of corporate governance is poorly defined because it covers a large number of different economic phenomenon. Corporate governance has long been a subject of considerable interest and controversy, but debates and theories on this topic have become much more prominent in advance economies over the years. As a result, different people have come up with different definitions that basically reflect their special interest in the field. Corporate governance is the relationship among stakeholders in the process of decision making and control over firm resources. The three critical stakeholders are capital, labour and management. There are basically two different models of the corporate governance: the shareholder model and the stakeholder model. Shareholder model of corporate governance can be described as the formal system of accountability of senior management to shareholders while the Stakeholder model of corporate governance can be used to describe the network of formal and informal relations involving the corporation. The role of labour in corporate governance has been less of a focus but recently there is a growing need of bringing both corporate governance and labour 2 relations systems together. This study focuses on labour management and how the shareholder model of corporate governance impacts labour management. Literature review Corporate governance has been argued to have started from the recognition of the centrality of corporate enterprises for allocating resources in the economy. Corporate governance play a vital role in shaping the outcome of the economy through decisions such as investment, employment and trade, the process through which corporate revenues/returns are allocated impacts the performance of the economy as a whole (OSullivan, 2003). Corporate governance boarders around institutions that influence business corporations distribute their revenues and returns (OSullivan, 2003). The positive effect of corporate governance on different stakeholders ultimately is a strengthened economy, and hence good corporate governance is a tool for socio-economic development. The parties involved in corporate governance include the regulatory body (e.g. the Chief Executive Officer, the board of directors, management, shareholders and Auditors). Other stakeholders who take part are suppliers, employees, credit ors, customers and the community at large. Corporate governance is the system by which business corporations are directed and controlled. The corporate governance structure specifies the distribution of rights and responsibilities among different participants in the corporation, such as, the board, managers, shareholders and other stakeholders, and spells out the rules and procedures for making decisions on corporate affairs. By doing this, it also provides the structure through which the company objectives are set, and the means of attaining those objectives and monitoring performance, OECD Principles of Corporate Governance (1999). Goodijk (2007) highlighted several theories in his research on how corporate governance has been affected: The agency theory is based on the separation of ownership and control and identifies the agency relationship where one party, the owner, delegates work to another party, the agent/management. The companys management is considered to operate on behalf of the principles but the agency may not always act in the best interests of the principal. The company is therefore seen as nexus of contracts. 3 The theory of transaction cost economics is focused on the company as a governance structure and an undertaking transactions (cost reductions) internally. The stakeholder theory takes account of a wider group of constituents instead of focusing on shareholders. The management is challenged to make the balancing act, to meet the pluralistic claims of all the different stakeholders. Stewardship theory as explained by Rienk refers to directors who are regarded as stewards to the companys assets and act in the best interest of shareholders and taking into account the environmental dependencies and uncertainties. Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company) is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed (OSullivan, 2003). The principal stakeholders are the shareholders, the board of directors, executives, employees, customers, creditors, suppliers, and the community at large. The major importance of corporate governance is to ensure the accountability of certain individuals in an organisation through mechanisms that try to reduce or the principal agent problem. Goodijk (2007) explained in his research that corporate governance focuses on three main areas: The functioning and quality of the board The functioning and quality of supervision The accountability to shareholder and stakeholder Corporate governance is a question of performance accountability (Demb and Neubauer, 1992). To improve the transparency, involvement and accountability of corporate governance, the Europeans emphasis on putting relationships and involving stakeholders while the Anglo Saxon countries (USA and UK) focusing on the shareholder value maximization. Corporate governance is one key way of improving microeconomic efficiency and focuses on the relationships and interactions between capital, management and labour (Maher and Andersson, 1999; Aguilera and Jackson, 2003). Aguilera and Jackson found out that despite that corporate governance is 4 concerned with the structure of rights and responsibilities among the parties with a stake in the firm yet there is still diversity of practices around the world nearly defies a common definition. In the UK and US, corporate governance is characterized by dispersed ownership where markets for corporate control, legal regulation and contractual incentives and key governance mechanisms. In continental Europe and Japan, blockholders like banks and families retain greater capacity to exercise direct control and, thus operate in a context with fewer market-oriented rules for closure, weaker managerial incentives, and greater supply of debt. Corporate Governance Model There are many different models of corporate governance around the world. These differ according to the variety of capitalism in which they are embedded. OSullivan (2003) explained the liberal model that is common in Anglo-American countries tends to give priority to the interests of shareholders. The coordinated model that one finds in Continental Europe and Japan also recognizes the interests of workers, managers, suppliers, customers, and the community. Each model has its own distinct competitive advantage. The liberal model of corporate governance encourages radical innovation and cost competition, whereas the coordinated model of corporate governance facilitates incremental innovation and quality competition (OSullivan, 2003). However, there are important differences between the U.S. recent approach to governance issues and what has happened in the UK. Maher and Andersson (1999) found out that in the United States, a corporation is governed by a board of directors, which has the power to choose an executive officer, usually known as the chief executive officer. The CEO has broad power to manage the corporation on a daily basis, but needs to get board approval for certain major actions, such as hiring his/her immediate subordinates, raising money, acquiring another company, major capital expansions, or other expensive projects. Some of the other duties of the board may include policy setting, decision making, monitoring managements performance, or corporate control. The board of directors is nominally selected by and responsible to the shareholders, but the bylaws of many companies make it difficult for all but the largest shareholders to have any influence over the makeup of the board Maher and Andersson (1999). 5 Codes of Good Governance Since the establishment of UK Cadbury Code in 1992, each country worldwide has introduced and revised corporate governance codes. The European countries use the principle based codes and the US Sarbanes Oxley Act uses the rules-based legislation (Goodijk, 2007). Generally there are sets of best practice recommendations regarding the behaviour within and the structure of the board, the information disclosure, transparency and accountability, the selection and remuneration of directors and the relationship with shareholders and the stakeholders. There are diversities in the European codes, nevertheless, Europeans codes represent certain characteristics that are fundamental to good corporate governance such as: how to increase shareholders influence, how to improve the board performance, how to take into account the other stakeholder interest. One of the European corporate governance codes is the OECD principles (OECD Principles of Corporate Governance, 1999). The OECD recognizes that one size does not fit all: there is no single model of corporate governance that is applicable to all countries. The OECD principles pay special attention to the minority shareholders rights. The OECD principles include on the principle the stakeholders in corporate governance. The principles state that the corporate governance framework should recognize the rights of stakeholders established by law or through mutual agreements and encourage active co-operation between corporations and stakeholders in creating wealth, jobs and sustainability of financial sound enterprises. Goodijk (2007) explained the difference between the Anglo-Saxon and European approach to corporate governance. In the Anglo-Saxon approach, the view of the company is instrumental while European approach view is institutional. Market-oriented with independent shareholders versus network-orientation Dispersed share-ownership versus high ownership concentration The outsider or the insider system The leadership culture versus countervailing powers 6 The conflict versus consensus orientation Short-term versus long-term results/relationships Principle-based versus rules-based solutions Focus on direct employee participation or representative involvement Corporate governance in Continental Europe can be characterized by the following issues; principle-based codes, diversity and tailor made solutions, a broad stakeholder approach, a strong network orientation and an inside system model, with more focus on the balancing act, the labour relations and the employees participation and getting consensus (Goodijk, 2007). Recent literatures show that there is an increasing trend towards more convergence on corporate governance issues: Increased basic shareholder rights Shareholders making more use of their right to vote More independence of outside directors within the board Having key board committees Paying attention to both share and stakeholders. Shareholders model: There is no single model of corporate governance. Governance practices vary not only across countries but also across firms and industry sectors. However, one of the most striking differences between countries corporate governance systems is in the ownership and control of firms that exist across countries. Systems of corporate governance can be distinguished according to the degree of ownership and control and the identity of controlling shareholders. Olivier (2000) explained that shareholders are the first stakeholder and they are individuals who own stock / shares in a company with the aim of making profit. If the company does well, they stand to make money based on how many shares they invested. However, if the company does badly, then the shareholder stands to lose his/her investment. The shareholder model explains the purpose of the corporation is to promote shareholder 7 value and to serve a wider range of interests. Shareholder model of corporate governance is known as the formal system of accountability of senior management to other shareholders. Shareholders model has a narrow view of relating investor with business manager on like the stakeholder model that takes a broader view of the firm. Olivier (2000) explained that shareholders are the first stakeholder and they are individuals who own stock / shares in a company with the aim of making profit. If the company does well, they stand to make money based on how many shares they invested. However, if the company does badly, then the shareholder stands to lose his/her investment. The shareholder model explains the purpose of the corporation is to promote shareholder value and to serve a wider range of interests According to the shareholder model, the main objectives of any firm is to maximize shareholder wealth through effective and efficient allocation of resources in a productive and dynamic ways, this is to say, that the objective of the firm is to maximize profits (Maher and Anderson, 1999). Shareholders cannot achieve these objectives in isolation without the full involvement of business manager. Therefore, managers and directors have an implicit obligation to ensure that firms are run in the interests of shareholders. This is an underline problem of corporate governance which the principal-agent relationship arise from the separation of beneficial ownership and executive decision-making. The bane of this problem is the conflict of interest between the shareholders and managers. Investors are interested in maximizing shareholder value; managers may have other objectives such as maximizing their salaries. According to Maher and Anderson (1999), the interests and objectives of the princi pal (the investors) and the agent (the managers) differ when there is a separation of ownership and control. Since the managers are not the owners of the firm they do not bear the full costs, or reap the full benefits, of their actions. Corporate Governance and Labour Management It should be recalled that there is an interaction between capital, management and labour (Aguilera and Jackson, 2003). The omission of labour in most literatures of corporate governance mirrors weak employee involvement in the United States relative to that in economies such as Germany or Japan where the participation of labour is politically important and most times a basis of competitive advantage (Blair Roe, 1999; Parkinson Kelly 2001; Aguilera Jackson, 2003). The role of employees in corporate governance is assumed to relate to their ability to 8 influence corporate decision making and control firms resources. There are some rules which limit managerial authority: shop floor-level job control, collective bargaining, and labour law (Marsden, 1999; Tilly Tilly, 1998; Aguilera Jackson, 2003). Aguilera and Jackson (2003) came up with a model that focuses on two vital dimensions that defines the relationship of an employee to making corporate decisions, these dimensions are: à ¢Ã¢â€š ¬Ã‚ ¢ Employees strategies of internal participation versus external control this dimension explain how employees describe their interests in relation to corporate decision making. The external control refers to situations where management has the right to decision making. This is where the employees seek to control the firms decision externally by assuming threats such as strikes. The representation of an employee is independent of management and preserved in strict separation from cooperative institutions that engage labour in the decision making of the firm. Employees also can participate in the firms decision making internally through internal channels of decision making to co-determine management actions (Streeck, 2001). This participation of employees does not stop the authority of managers but aims at democratizing decisions. Internal participation tends to have strong integrative functions, encouraging consensus and cooperation in the implementation of decisions. Portable versus firm-specific skills when the employee skills are portable across the firms or when investments are low, employees may favour exit over voice in response to grievances. On the contrary, when employee skills are firm-specific, their greater dependence on the firm makes the option to exit more difficult (Williamson, Watcher, Harris, 1975). When employees invest in firm-specific skills thus create incentives to exercise voice in how those skills are formed and deployed. Employees may have interest in the safeguarding the organization and their job security. Therefore, similar to the liquidity or commitment of capital, skills influence the degree to which employees have a stake in the firm (Aguilera Jackson, 2003). Aguilera and Jackson (2003) explained that the extent of which the internal participation/external control and portable/firm-specific skills within the firm is shaped by three sets of institutions. These are: the firm-level representation rights given to workers, the organisation of unions and the institutions of skills formation. 9 1. Firm-level representation rights it is said that labour struggled to gain collective rights to representation of firm decisions. The recognition of the right to organise is the most fundamental of these, giving employees individual rights to voluntarily elect their own representation and compelling management to bargain over a prescribed range of issues. Nevertheless, representation rights differ greatly in their strength and scope which ranges from rights to information, consultation and codetermination. Such rights also vary according to the type of decision at hand and the source enacting the rights. The representation rights influence labours relation to corporate governance. An institutional setting with weak representation rights does not provide channels to represent employees within firms decision making. Institutional setting characterized by strong representation rights such as Germany, provide formal internal channels to give labour a voice in the firms decision making by providing legal rights to information, consultation and codetermination in key decisions. Employee ownership is an additional means of establishing representation rights, but through the alternate channel of property rights (Aguilera and Jackson, 2003). The organisation of unions research explains that union organisation will shape the relation of labour to the firm. The interest of employees is defined in relation to their individual and collective identities, as well as according to how their interests are organised and institutionalized. Union organisation is seen is three models: class, occupation and enterprise (Dore, 1973;). Regarding the corporate governance, these models influence employee orientations toward internal participation in corporate decisions and external control. The class based unions such as political and industrial unions tend to favour strategies of external control. The industrial unions are skeptical in participating in institutions that blur the boundaries of management and labour. They tend to favour centralized collective bargaining that restricts the discretion of individual firms through external control (Aguilera and Jackson, 2003). Unions that are craft based with particular sets of qualifications tend to support external strategies of control because their interest in linked to uniform compensation of their particular skill/professional 10 qualifications across enterprises. In an organisation, craft unions may break away from representation with the firm and follow their members collective interest irrespective of the fate of the individual firm. In contrast, enterprise-based unions recruit members among employees within a particular firm and support internal participation. Basically, it union is aimed at the preservation of long-term employment contracts and the regulation of internal promotion prospects. Countries with predominantly class-based and craft-based unionism, labour tends to pursue strategies of external control while countries with predominantly enterprise-based forms of unionism, labour tend to pursue strategies of internal participation (Aguilera and Jackson, 2003). Skill formation this affect corporate governance because of the portability or firm-specific nature of skill investments influences the relation of employees to the firm. In the United States, on-the-job training and markets is used to generate employee skills (Brown et al., 1997). Skill formation outside the firm makes the firm less dependent on employees and hence, employees will have less capacity to influence firm decisions through internal channels. In the high skilled segment of the U.S. economy, firms draw on the portable skills of professional employees whose skills were acquired outside the firm. In countries like Germany and Japan, high skilled production workers are greatly generated. In Japan, training is a part of a firm investment in firm-specific skills which reward employees with elaborate internal promotion systems (Culpepper Finegold, 1999; Thelen Kume, 2002). In Germany, training system is rooted in corporatists arrangements among employer associations, industr ial unions and the State. Firm participates in occupational training in order to create widely certified skills that are portable across the firm. However, skill formation outside the firm will make the firm less dependent on employees and hence, employees will have less capacity to influence firm decision through internal participation (Aguilera and Jackson, 2003). 11 Impact of shareholders model of Corporate Governance on labour management Gospel and Pendleton (2003) discuss different sources of corporate governance influence on labour management. These sources are types of finance, objectives of finance providers and the intervention rights and practices associated with different forms of finance (Gospel and Pendleton, 2003: 558). Corporate governance is closely related to finance. It was further highlighted that there are different sources of finance: internal funds, debt and equity. Howard and Andrew (2005) stated that firms most times rely on internally generated funds; but from time to time firms have had to raise capital from external source. Debt is considered a constraint but were large and long-term, debt may draw lenders into a close relationship with the management (Stiglitz, 1985). Share equity can also be considered as a limitation-when the shareholders are many and small, investors may compensate for weakness in their relationship with mangers by exerting pressure through market trading (Howard and Andrew , 2005). The shareholder model of corporate governance is said to have adverse effects on labour management In Anglo-American economies, labour is weak and labour suffers from moves to reduce workforces. The attempt of firm to enhance shareholder value has led to the damaging impacts on labour. This is because the capacity of firms to achieve real increases in return is highly limited (Gospel and Pendleton, 2003). Time-frame is another way in which labour management suffers pressure. The time frame of managerial decisions depends on the different types of shareholder model. The required payback period for employees investments is longer in internal systems than outside systems. The nature of business strategies, the importance ascribed to financial factors in decision making, the approach to securing managerial and employee commitment and the degree of co-operation with other firms all these have a way of influencing the decisions of management positively or negatively (Gospel and Pendleton, 2003). They contribute to the variations in decision making of corporate governance. According to Maher and Andersson (1999) the shareholder model corporate governance is primarily concerned with finding ways to align the interests of managers with those of investors, with ensuring the flow of external funds to firms and that financiers get a return on their investment. An effective corporate governance framework can minimise the agency costs and hold-up problems associated with the separation of ownership and control. 12 Maher and Andersson (1999) highlighted three types of mechanisms that can be used to align the interests and objectives of managers with those of shareholders: Managers are to carry out efficient management by directly aligning managers interests with those of shareholders e.g. Executive compensation plans, stock options, direct monitoring by boards, etc. Another method involves the strengthening of shareholders rights so shareholders have both a greater incentive and ability to monitor management. This approach enhances the rights of investors through legal protection from expropriation by managers e.g. Protection and enforcement of shareholder rights, prohibitions against insider-dealing, etc. To use indirect means of corporate control such as that provided by capital markets, managerial labour markets, and markets for corporate control e.g. take-overs. Maher and Andersson (1999) further explained that the ownership concentration is so prevalent as the dominant organisational firm, this is because it is one way of resolving the monitoring problem. According to the principle-agent model, due to the divergence of interests and objectives of managers and shareholders, one would expect the separation of ownership and control to have damaging effects on the performance of firms. Therefore, one way of overcoming this problem is through direct shareholder monitoring via concentrated ownership. The difficulty with dispersed ownership is that the incentives to monitor management are weak. Shareholders have an incentive to free-ride in the hope that other shareholders will do the monitoring. This is because the benefits from monitoring are shared with all shareholders, whereas, the full costs of monitoring are incurred by those who monitor (Maher and Andersson, 1999). These free-rider problems do not arise with concentrated ownership, since t he majority shareholder captures most of the benefits associated with his monitoring efforts. Therefore, for the closely held corporation the problem of corporate governance is not mainly about general shareholder protection or monitoring issues. The problem is said to be more one of cross shareholdings, holding companies and pyramids, or other mechanisms that dominant shareholders use to exercise control, often at the expense of minority investors (Maher and Andersson, 1999). The protection of minority shareholders becomes more critical in this case. Maher and Andersson (1999) claim that one of the issues that arise in this context is how do policy makers develop reforms that do not disenfranchise majority shareholders while at the same time protect the interests of minority shareholders. 13 Another analysis of the shareholder approach by Maher and Andersson (1999) is that the analytical focus on how to solve the corporate governance problem is too narrow. The shareholder approach to corporate governance is primarily concerned with aligning the interests of managers and shareholders and with ensuring the flow of external capital firms. Nevertheless, shareholders are not the only ones who make investments in the corporation. The competitiveness and ultimate success of a corporation is the result of teamwork that embodies contributions from a range of different resource providers including investors, employees, creditors, suppliers, distributors, and customers. Corporate governance and economic performance will be affected by the relationships among these various stakeholders in the firm. According to Howard and Andrew (2005), there have been debates about corporate governance whether or not the nature of corporate governance exists exclusively or even primarily to promote the interest of shareholders, whether the maximization of returns for shareholders leads to losses for other stakeholders, and whether recent trends have increasingly creates unfair remuneration for senior executives. As a result, debates of corporate governance have taken place in business and political circles in many countries including United States, United Kingdom, France, Germany, Italy, Netherlands and Japan over the past ten years, and most have embarked on programmes to reform aspects of corporate governance (Howard and Andrew, 2005). In time past, there have been various debates about changes in employment and industrial systems. In countries such as the United States and United Kingdom, there has been a clear increase in job insecurity, goring pay inequality, and erosion of benefits such as final salary pensions (Gospel and Pendleton, 2003). This has attributed to a decline in employee say at work and claim of managerial rights. Howard and Andrew explained further that in Germany, there have been which debates centres around whether a system of employee voice through works councils at the workplace and collective bargaining at the industry level can continue to exist in a context where financial pressures on firms have intensified and where some argued a need for major changes in corporate governance. In Japan also, the system of lifetime employment is said to be under great risk, pay is being driven by market forces, and effective employee voice mechanisms are weakening (Howard and Andrew, 2005). In his framework, theories have concluded that the financing and governance of the firm and the management of labour interrelated (Gospel and Pendleton, 2003). 14 Howard and Andrew (2005) states that the management of labour covers a set of major decisions and resulting outcomes. These decisions cover three main areas: work relations, employment relations and industrial relations. Employment relations deal with the arrangements governing such aspects of employment as recruitment, training, job tenure and reward systems. Work relations concern the way work is organized and the deployment of workers around technologies and production processes. Industrial relations is defined to cover the voice aspirations of employees and resulting institutional arrangements, such as joint consultation, work councils, and collective bargaining (Howard and Andrew, 2005). The following further explains the implication of shareholder model on labour: Labour interest: Labour will only protect their interest which is wages certainty and job security. Labour will support any investment decision that will sufficiently maintain current and future cash flow to prevent the wage cut and any staff redundancy. Howard and Andrew (2005) argue that Labour is primarily concerned with maintaining current and future cash flows sufficient to prevent wage or benefits cuts The new ideas and initiative might not be embraced, since every employee are risk averted and they might not have the spirit of entrepreneur like an investor . Any investment that looks uncertain or highly risky might be voted out by an employee. The possibility of embracing low risk investment that will translate into low growth and development so far is secured will be gladly supported by labour. In Germany, the representation of both financiers and labour management provides more balance between the two interests. Long-term employment relationship: The shareholders model of corporate governance has an impact on labour relationship with the organisation, because of the sense of recognition and the perception of the corporation as social institute especially in US up until the 1970s. In Olivier (2000) study, he argued that the participation of employees in corporate governance systems can be found in many countries and corporations throughout the world. Examples include: Right to consultation. This is where employees must be consulted on certain management decisions. This right increases transparency of management decisions and allows employee opinion to improve the asymmetry of information between management and the market 15 ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¢ Duties of board members to consider stakeholder interests. This right reinforces accountability by protecting stakeholders Right to nominate / vote for supervisory board members. In many cases employee participation on the board is mandated. This right creates a check and balance system between management and the supervisory board, which in turn creates the perception of greater fairness Compensation/privatization programs that make employees shareholders, thereby empowering employees to elect the supervisory board, which, in turn holds management responsible There are some problems of corporate governance which some countries encounter; these include: a dearth of relevant corporate information, including information on directors supervisory boards of directors struggling to exercise proper oversight over management a lack of independent auditing systems management voting shares on behalf of shareholders annual meetings held without sufficient notification time In order to solve some of these problems of corporate governance Olivier Frmond (2000) came up with a reform process and emphasised on its importance. The reform process needs a champion that is, stakeholder group that is deeply interested in the long term health of the company and has the right to speak out to management on improving the corporation. The reform process also needs to provide incentives for change. Improvements in corporate governance standards could benefit employee shareholders in improving long term prospective health of company, safeguarding jobs and they stand to gain as shareholders if the corporation increases in value. The reform process must also be governed by clear rules, these rules must be enforced. 16 Conclusion Studies have shown the different theories of corporate governances in the Anglo Saxon and European countries (USA and UK). Corporate governance is ensuring all stakeholders are represented and employee is a stakeholder so are suppliers, consumers, communities. All these entities dont have to be on the board but all decisions must favour all the stakeholders. The conflict of interest between the investor and employee is are inevitable point in our discussion. The shareholder model of corporate governance is said to have both favourable and adverse effect on labour management. The major importance of corporate governance is to ensure the accountability of certain individuals in an organisation. The shareholders model strikes the balance between the business owner, management and employee but give more protection to labour. The aim of this study has been to explain the importance of corporate governance and how he shareholder value impacts labour management. An aspect of this analysis explains on how the firm and its management emphasizes on management powers and decision-making and its impact on labour. It has also been noted that employee shareholders could seek representation on the supervisory board and can play an active role in strengthening corporate governance systems. Empowering employees as shareholders will also help to ensure that the basic principles of corporate governance are promoted. The effect of corporate governance varies with the strength of labour. Labors real power and resources is determined by how much influence he has or corporate governance has over him. 17

Case study of potential liability in the law of tort - Free Essay Example

Sample details Pages: 11 Words: 3160 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Case study Tags: Act Essay Tort Essay Did you like this example? Introduction In this paper, I will advise Druid Sons Ltd as to its potential liability in the law of tort, specifically in regard to the losses and injuries caused to David and Percy, respectively, by the discharge of excess chemical fumes from its waste treatment plant; and, more generally, in regard to potential claims from nearby residents and businesses in regard to the interference caused to their TV, broadband and mobile phone reception. While it is likely that each of these potential categories of claim would be brought in the tort of private nuisance[1], it should be noted that this tort has developed into two separate categories, defined by the nature of the damage suffered, each with its own particular legal requirements. Before one can advise on which category should apply in any given case, it is first necessary to understand the historical and, to some extent, public policy context of this development: Historically, the tort of private nuisan ce was considered to be a strict liability tort. Don’t waste time! Our writers will create an original "Case study of potential liability in the law of tort" essay for you Create order However, during the Victorian era, there was growing concern that the strict liability nature of this tort would interfere with the industrialization process[2]. Therefore, in the case of St Helens Smelting Company v Tipping (1865)[3] a distinction was introduced between the approach which should be adopted in cases where à ¢Ã¢â€š ¬Ã…“the alleged nuisance produces material injury to [a] property,[4]à ¢Ã¢â€š ¬Ã‚  and the approach which should be adopted when the nuisance complained of involves à ¢Ã¢â€š ¬Ã…“personal inconvenience and interference with oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s enjoyment, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s quiet, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal freedom [or] anything that discomposes or injuriously affects the senses or the nerves[5]à ¢Ã¢â€š ¬Ã‚  In the former case, the tort of private nuisance was to be considered a strict liability tort; whereas, in the latter case, the Court, when determining whether or not to impose liability, was deemed entitled to consult such factors a s the reasonable residential expectations[6] and also the personal sensitivities of the complainant. With this development in mind, let us now turn to examine the likelihood of David and Percy being able to bring successful claims against Druid Sons in the tort of private nuisance, and also the likelihood of claims being brought by other residents for interference to their TV, broadband and mobile phone reception: David v Druid Sons in the tort of private nuisance: The first thing to note is that David will only be able to bring a claim against Druid Sons if he possesses a proprietary interest in the land in question (i.e. the land on which the grass was being grown)[7]. On the facts, there is no indication that David does not possess such an interest. In regard to which branch of the tort will apply in this case: As per our earlier analysis, because the damage suffered by David is material in nature, in that its extent does not depend upon his own preferences and/or sensitivities, the strict liability branch of the tort of private nuisance will be applicable, and it is therefore irrelevant whether or not the Druid Son recycling plant existed before David commenced using his land for rearing Jersey cows[8]. In regard to proving that the damage suffered was actually caused by the excess chemical discharge in question: So long as the existence of this excess discharge can be proved on the balance of probabilities and also that the chemicals in question are likely to interfere with the health of livestock, if ingested, then the Court will not require David to prove that it was this chemical discharge which caused his Jersey cows to become ill. This damage will likely be presumed in accordance with the principle handed down in the case of Fay v Prentice (1845)[9]. In regard to David being able to satisfy the test of remoteness applicable to the tort of private nuisance: In the case of McKinnon Industries Ltd v Walker [1951][10] it was held th at damage caused to crops, by the excess emission of Sulphur Dioxide, from a neighbouring industrial plant, was not too remote a type of damage to be deemed actionable in this tort. In my opinion, if this type of damage is to be considered actionable in the tort of private nuisance, then so too should the damage arising as a foreseeable and direct result of crops becoming contaminated in this way: Where grass crop is being grown for the purpose of feeding livestock then, if one accepts that the damage to these crops is actionable, then it follows that damage to the livestock as a result of their eating these crops will also be deemed actionable by the Courts, although only to the extent that this damage has affected the value of the land[11]. In regard to the defences available to Druid Sons: It is unlikely that it will be able to rely upon the defence of statutory authority, even if it has complied with its statutory obligations under the relevant environmental regulatory instr uments, unless it can be shown that the excess emissions complained of were an unavoidable result of the licensed industrial activities being undertaken[12]. In this case, the excess emissions could have been prevented, presumably, by employing a higher capacity fume collection system. It will also be impossible for Druid Sons to rely upon the defence of twenty yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢ prescription, because this would require evidence that the plant has been emitting excess amounts of chemical compound for a continuous period of twenty years, which is not the case, as the excess emissions complained of were à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢ and a result of a à ¢Ã¢â€š ¬Ã‹Å"particularly busy period of workà ¢Ã¢â€š ¬Ã¢â€ž ¢. In conclusion, it is likely that David will be able to bring a claim against Druid Sons in the private tort of nuisance; although the damages available to him will be limited to the damage caused to his the value/ amenity of his land. In this reg ard, he will not be able to recover the cost of his veterinary bills via the tort of nuisance, but will be entitled to some compensation for the temporary (or permanent) loss of the amenity of his land, presuming that he had to relocate the cows to another field, or decontaminate the land in order to restore its utility. In order to recover these specific veterinary costs, it will be necessary to bring a concurrent claim in the tort of negligence. David v Druid Sons in the tort of negligence: While there will be no difficulty establishing a duty of care, in light of the physical proximity of the parties[13], because the emissions in question were à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢, it might be possible for Druid Sons to argue that they were not in breach of this duty because there was no way that any waste plant, however competent, would have predicted these effects. If the Court is satisfied that the plant did adhere to all relevant professional standards, it is highly unlikely that a claim for negligence brought by David would be successful[14]. However, if the excess emissions could have been predicted as a result of accepting a larger than usual amount of work, then it is likely that Druid Sons will be considered to have acted in breach of its duty of care towards David. However, in order to claim damages for the veterinary costs, David must prove that, on the balance of probabilities, his cows would not have required treatment à ¢Ã¢â€š ¬Ã‹Å"but for[15]à ¢Ã¢â€š ¬Ã¢â€ž ¢ the negligence of Druid Sons. The result of this enquiry will depend upon expert testimony. Presuming that factual causation can be established, the final element of the tort of negligence which must be satisfied is the test for remoteness of damage. The appropriate test in such cases is one based upon factual assessments of reasonable foreseeability[16]. I see no problem here: In the case of Stewart v West African Terminals Ltd [1964][17] it was held that à ¢ â‚ ¬Ã…“it is not necessary that the precise concatenation of circumstances should be envisagedif the consequence was one which was within the general range which any reasonable person might foreseeand anticipate.à ¢Ã¢â€š ¬Ã‚  In conclusion, presuming that David will be able to prove factual causation on the balance of probabilities, he will likely be able to bring a successful claim in the tort of negligence to recover the costs associated with the treatment of his cows. Percy v Druid Sons in the tort of private nuisance for the damage caused to his crops: The major difference between Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in the tort of private nuisance and that which may be brought by Percy is the fact that Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s land is several miles away from the plant whereas Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s land is immediately adjacent to it. Therefore, even if the Courts presume damage in accordance with the principle espoused in the case of Fay v Prentice (1845)[18], ther e may be difficulty in proving that the damage in question was reasonably foreseeable. After all, the decision in the case of McKinnon Industries Ltd v Walker [1951][19] was made in regard to damage caused to crops on a neighbouring farm. This assessment will depend upon evidential considerations, such as the likelihood of emissions travelling several miles, the degree of dissipation which would likely have occurred over that distance and how these factors ought to affect the reasonable foreseeability of the kind of damage suffered by Percy. Presuming that the test for foreseeability can be satisfied on the balance of probabilities, then Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in this regard will likely be successful and he will be able to recover the losses sustained to his land[20]. Percy v Druid Sons in the tort of private nuisance for personal injury: Generally, damages for personal injury are not recoverable in the tort of private trespass. However, in the Hunter case it wa s held that a claimant can recover for his loss of amenity (of his land only) as a result of the person injury in question, for example if the value of the land has decreased as a result of it being dangerous to occupy. In this case, because the excess emission causing the damage was a one-off à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢ event, it will be difficult for Percy to argue that the private nuisance has caused the value of his land to significantly decrease in this way. Percy v Druid Sons in the tort of negligence for personal injury: So long as it can be shown that emissions of the kind in question are capable of travelling several miles and still causing damage at that distance, then the analysis provided earlier in regard to Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against Druid Sons in the tort of negligence will be equally applicable to Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. If these same requirements are satisfied, then Percy will be entitled to claim damages for his pain s uffering and loss of amenity [not only as a result of the attack itself but also in regard to the distress associated with recalling/ remembering that event[21]] and also for his pecuniary losses [as a result of not being able to work for a period of 2 weeks[22]]. If there is any chance that Percy might again have to take time off work, as a direct result of his original attack, then he may also be granted a provisional award[23]. A claim by local residents and businesses whose TV, broadband and mobile phone receptions are interfered with by the general omissions of the Druid Sons Plant: While it has been held at law that the interference, by a building, of TV, broadband or mobile phone reception cannot amount to a nuisance in the law of tort[24], this does not necessarily apply to interference caused by emissions from a building. After all, such damage may substantially affect the amenity of land; for example, it would be more difficult to sell a house which was unable to re ceive TV signals at that same price as a similar property which was able to receive TV signals. In this regard, presuming that the degree of interference is significant, then the test of substantiality as handed down in the case of Sedleigh-Denfield v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Callaghan (1872)[25] would likely be satisfied. However, the defence of proscription would be able to defeat such claims if the plant has been interfering with such signals for a continuous period of twenty years and this interference has never been challenged successfully[26]. Likewise, if Druid Sons can prove that all such plants necessarily interfere with these signals, then any claims arising could be defeated on the basis of statutory authority[27]. If neither of these defences apply, then it is possible that Druid Sons could face multiple claims by nearby residents and businesses in the tort of private nuisance. Conclusions: In regard to a potential claim by David in the tort of private nuisanc e: It is likely that such a claim would be successful and that David could recover a sum of money in damages for the loss of amenity which he suffered as a result of the material damage caused to his land. In regard to a potential claim by David in the tort of negligence: Presuming that David can prove, on the balance of probabilities, that his cows would not have required veterinary attention but for the excess toxic emissions released for the Druid and Son waste plant, then his claim will likely be successful and the company will be liable to meet the costs of the said treatment. In regard to a potential claim by Percy in the tort of private nuisance for the damage caused to his crops: So long as it can be proved that it is capable for emissions to cause damage over a distance of several miles, then it is likely that such a claim would be successful and that Percy could recover a sum of money in damages for the loss of amenity which he suffered as a result of the material da mage caused to his land. In regard to a potential claim by Percy in the tort of private nuisance for the personal injuries which he has suffered: Such a claim will not be possible. In regard to a potential claim by Percy in the tort of negligence for the personal injuries which he has suffered: Such a claim would likely succeed so long as it can be proved that Percy would not have suffered his asthma attack but for the excess toxic emissions released for the Druid and Son waste plant and also that this type of damage was a reasonable foreseeable consequence of excess emissions being released. In regard to claims arising from local residents and businesses in regard to the interference caused to their TV, broadband and mobile reception by the plantà ¢Ã¢â€š ¬Ã¢â€ž ¢s emissions: If the plant has been interfering with these signals for a period of at least twenty years or such interference is a unavoidable consequence of operating such a plant, then such claims would likely fa il. Otherwise, such claims would be likely to succeed. References: St Helens Smelting Company v Tipping (1865) 11 H.L.C. 642 Brenner, J. (1973) Nuisance Law and the Industrial Revolution. 3 Journal of Legal Studies 403. Harlow, C. (2005) Understanding Tort Law. Sweet and Maxwell Publishing. Sturges v. Bridgeman (1879) 11 ChD 852 Miller v Jackson [1977] QB 966 Bliss v Hall (1838) 4 Bing NC 183 Southwark LBC v Mills [2001] 1 AC 1 Fay v Prentice (1845) (1845) 1 CB 828 McKinnon Industries Ltd v Walker [1951] 3 DLR 577 Hunter v Canary Wharf [1997] 2 All ER 426 Winfield and Jolowicz (2002) Winfield and Jolowicz on Tort [W.V.H. Rogers (ed.)]. Sweet and Maxwell Publishing. Allen v Gulf Refining Ltd. [1981] AC 1001. Vancouver General Hospital v McDaniel (1934) 152 LT 56 Barnett v Kensington and Chelsea Hospital Management Committee [1969] 1 QB 428. Rigby v Hewitt (1859) 5 Ex. 240, at 243. Stewart v West African Terminals Ltd [1964] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 371 Sedleigh-Denfield v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Callaghan (1872) 8 Ch App 8 Phelan v E. Cumbria HA [1991] 2 Med LR 419. Hussain v Lancaster CC [1999] 4 All ER 125 Hulley v Silversprings Bleaching Co [1922] 2 Ch. 281. Footnotes [1] Brenner (1973) pp 403-4 [2] As Harlow (2005) p84 writes: à ¢Ã¢â€š ¬Ã…“If landowners were entitled to protect the rural uses and amenities of their land through a tort of strict liability, progress, and particularly industrial progress, could be brought to a standstill.à ¢Ã¢â€š ¬Ã‚  [3] 11 H.L.C. 642 [4] Lord Chancellor, Lord Westbury in St Helens Smelting Company v Tipping (1865) 11 H.L.C. 642, cited by Harlow (2005) p85 [5] Ibid. [6] For example, what a resident would reasonably consider a private nuisance in Berkley Square (an highly residential and affluent area in Central London) may not be considered so for residents living in Bermondsey (an highly industrial area outside the centre of London). This was a point made by Lord Justice Thesiger in the case of Sturges v. Bridgeman (1879) 11 ChD 852 at 865. It was this reasoning that was controversially employed by Lord Denning in the case of Miller v Jackson [1977] QB 966, to argue that a claim of private nu isance brought by the neighbouring resident to a village cricket ground should be defeated; namely, that because he chose to move into a property that was adjacent to a cricket ground, he ought reasonably to have expected his property to be damaged by high-flying balls, from time to time. However, because the damage in question was material, the majority of the Court of Appeal felt bound to follow the decision handed down in the case of Bliss v Hall (1838) 4 Bing NC 183, in which it was held that coming to nuisance is no defence in cases which involve material damage, i.e. damage which exists to the same extent regardless of the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal preferences and sensitivities. If the type of damage in the Miller case had been non-material discomfort, for example arising from the noise of the balls being struck, then Lord Denningà ¢Ã¢â€š ¬Ã¢â€ž ¢s reasoning would have been appropriate. For an example of a case where such reasoning was employed successfully to defe at a claim of private nuisance, see Southwark LBC v Mills [2001] 1 AC 1. [7] Hunter v Canary Wharf [1997] 2 All ER 426 [8] See the analysis provided in footnote 6 in regard to the application of the principle espoused in the case of Bliss v Hall (1838) 4 Bing NC 183. [9] (1845) 1 CB 828. As Winfield and Jolowicz (2002) p 534 write: à ¢Ã¢â€š ¬Ã…“If damage were not presumed, it might be difficult to establish that any one act had caused it.à ¢Ã¢â€š ¬Ã‚  [10] [1951] 3 DLR 577. [11] See the dictum of Lord Lloyd in the Hunter case [1997] 2 All ER 426, at 442. [12] Allen v Gulf Refining Ltd. [1981] AC 1001. [13] As Winfield and Jolowicz (2002) p 141 note: à ¢Ã¢â€š ¬Ã…“An occupier is under a duty to take steps to remove a hazard on his land which threatens neighbouring propertyà ¢Ã¢â€š ¬Ã‚  [14] Vancouver General Hospital v McDaniel (1934) 152 LT 56, at 57. [15] Barnett v Kensington and Chelsea Hospital Management Committee [1969] 1 QB 428. [16] Rigb y v Hewitt (1859) 5 Ex. 240, at 243. [17] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 371, at 375 [18] (1845) 1 CB 828. As Winfield and Jolowicz (2002) p 534 write: à ¢Ã¢â€š ¬Ã…“If damage were not presumed, it might be difficult to establish that any one act had caused it.à ¢Ã¢â€š ¬Ã‚  [19] [1951] 3 DLR 577. [20] We have presumed that Percy has a proprietary interest in his land, as per the decision in the case of Hunter v Canary Wharf [1997] 2 All ER 426. [21] Phelan v E. Cumbria HA [1991] 2 Med LR 419. [22] Winfield and Jolowicz (2002) p769 at 22.23 [23] Ibid. [24] Hussain v Lancaster CC [1999] 4 All ER 125 [25] (1872) 8 Ch App 8 [26] Hulley v Silversprings Bleaching Co [1922] 2 Ch. 281. [27] Allen v Gulf Refining Ltd. [1981] AC 1001

Promotion Of Frozen Food Organization - 1100 Words

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Pit Bull Research Paper free essay sample

Pit bulls are a Misunderstood Breed Pit bulls are the most misunderstood dog breeds in the world. When people hear the word pit bull they automatically think of dogs fighting and attacking. When people say pit bull theyre usually referring to a range of breeds and, often, a mixed-breed dog. (Lawrence, C Louisville Magazine Feb 2007) People think they are a very dangerous breed of dog. Because of this, some areas do not allow pit bulls and breeds like them. Pit bulls are the leading culprit of dog bites in America, but on the other hand, they are the gentlest dogs people will ever meet. The National Canine Temperament Testing Association tested 122 breeds of dog and Pit bulls placed the 4th highest with a 95% passing rate. (http://atts. org Feb 2012) With this fact it can only be how the dog is raised. People who own Pit bulls should be obligated to train their dog well. With any dog you need to train it so the owner has the upper hand. Owners need to know that they have to be dominant and for their dog to be obedient towards their orders. The dog comes second to themselves. Pit bulls are one of the most gentle of the breeds. Pit bulls are notable therapy dogs who visit patients that are recovering from emotional trauma. Pit bulls are also used for their service in sniffing out drugs on the borders due to their sense of smell being stronger than any other breed. These dogs are great family dogs and were babysitters in the 19th and the early 20th centuries. American Pit Bull Terriers were introduced into the United States of America during World War I and World War II. The purpose of the creation of the Pit Bull was to deliver messages back and forth across the battlefield during battle. Pit Bulls were first bred to bait bulls as a sport back in the late 19th and early 20th centuries as well, but soon became used as house pets due to their friendliness towards people. They were also known as great babysitters because of their intuition to protect their loved ones. These facts in themselves should open up people’s eyes to the Pit Bull breed not being an aggressive breed simply because they history proves that they had become great pets. A known fact to share is that Theodore Roosevelt owned a pit bull while he was president and his dog was a great sidekick for him in office. His dog provided safety for him, and not just because their dog was fierce, it was because he knew that specific dog could defend, be trained well, and become obedient. Owning a pit bull in today’s society has one of two reactions, they are adored or they are terrifying. The myths and horror stories that people say are why many fear them. They do not have â€Å"lock jaw† like many seem to think. Lock jaw is when a dog bites down on something and can’t let go. A vast majority of the population is known to believe that they have a killer instinct that does not stop, which is entirely not true. One cannot believe everything one reads or hears. There are two sides to every story, yet in this case, there are two sides to every breed. Pit bulls are like any other dog, they have to be trained and if trained right, they can be great family pets. When a pit bull falls in the hands of a bad owner than that is when you may have a problem. It’s easiest to understand this way; Suppose a child has physically abusive parents, they’re either going to grow up believing that harming someone is the only way to teach a lesson, or become skittish towards unfamiliar surroundings. It’s very similar to a dog’s life. They’re known to be physically damaging because they, themselves are physically damaged, because they’re â€Å"tough. † It all makes sense if it’s looked at from every angle of perspectives. Training a dog is not an easy thing, but dogs need extensive training so there will be fewer incidents. It is the concept of nature versus nurture. To this day, there are no facts about this either but both sides have great points and there is no set truth – but everyone seems to have an opinion. â€Å"An unneutered male pit bull is 2. times more likely to bite then a neutered male. In addition, male pit bulls are 6. 2 times more likely to bite then female pit bills. † In a study evaluating canine temperament, 82% of dogs received a passing score, 86. 8% of those dogs where American pit bull terrier (1800PetMeds. com Feb. 2012). There are ways to avoid incidents when in contact with these animals. When appr oached by a pit bull always remain calm, approach the dog slowly from the side not from the back. Do not provoke the dog always ask the owners to pet the dog first. If an aggressive dog approaches you do not panic, give the dog firm commands like sit, stay, and easy, then back away slowly. When owning a pit bull socialize the dog with people and other animals, get them familiar with animals and people including children. Isolated dogs can become vicious and dangerous so be cautious when in contact with a not so friendly dog. (Skloot, R Aug 2007 Prevention Vol. 59, Issue 8 Pgs. 196-198) Banning a breed, which the technical words are breed specific legislation, is not a good idea. Putting a ban on pit bulls is a less than great idea because people will continue to own pit bulls and hide them or even abandon their dog(s) and leave them to die. The irresponsible owners should deal with heavier fines and possibly jail time and this might scare these owners into training their pit bull properly. There is no proven fact that banning pit bulls will cut down on the number of bites. Not every bull type is a killer so banning bull types is not a good idea. There are many different bull types and it is hard to choose which ones are dangerous. Most cities do not allow â€Å"pit bull breeds,† but why is it that a dog with 10% pit bull in it and 90% Labrador in it should be banned? There are also many apartment complexes that do not allow pit bulls, or other certain breeds of dogs, this is dog discrimination. There are many stories of pit bull dogs doing great things but for some reason, the bad stories are the ones people remember. Dog lovers need to do more to help this breed work towards a better reputation. Dog discrimination is a real thing; People can search for it online. There have also been many cases where certain breeds, namely pit bulls, are not allowed at certain dog parks. This is not politically or socially right. Pit Bulls were born to be great helpers and family pets – they are loyal, independent, friendly and lovable pets. Any pit bull owner will explain how wonderful they are with children, other pets and just about anyone. A friend and current pit bull owner, Sandy Sweeney mentioned â€Å"My dog, Sargent, is my best friend. I feel safe when he is around and know that he would never hurt a soul. He is wonderful with my son and the most loyal animal. I would be the first person to tell anyone how awesome pit bulls are as pets. † (S. Sweeney, October 2012) There are numerous articles online as well stating that pit bulls are great dogs and there bad reputations need to change and are dishonest. Overall, there are many stories – good and bad – describing the temperament of pit bulls but at the same time, there are many stories – good and bad – describing dog stories as well. Although there are some facts that Pit Bulls re the leading cause of dog bites in America, no one can simply use that to say that Pit Bulls are bad dogs and deserve a bad reputation. It comes down to nature vs. nurture and if you raise and train a dog well, any breed, people will see an amazing, wonderful creature who is loyal and with a happy temperament. In conclusion the pit bull is a misunderstood, gentle giant that people need to take the time and get to know. The reas on why this paper was written is so people have the knowledge when dealing with this type of dog. There are irresponsible dog owners out there that don’t care about the actions of their dog. This causes the dogs to have a reputation that no good pit bull owner wants their dog to have. As was stated before, banning pit bulls is a dangerous move to make because there will most likely be more animal cruelty acts upon these gentle beasts. References (http://atts. org Feb 2012) (Lawrence, C Louisville Magazine Feb 2007) From UOP (Skloot, R Aug 2007 Prevention Vol. 59, Issue 8 Pgs. 196-198) From UOP (S. Sweeney, October 2012) (1800PetMeds. com Feb. 2012)

Gun Control Essays (427 words) - Gun Politics, Firearms, Gun Control

Gun Control Gun control has been a controversial issue for years. A vast majority of citizens believe that if gun control is strictly enforced it would quickly reduce the threat of crime. Many innocent people feel they have the right to bear arms for protection, or even for the pleasure of hunting. These people are penalized for protecting their lives, or even for enjoying a common, innocent sport. To enforce gun control throughout the nation, means violating a persons Constitutional rights. Although some people feel that the issue of gun control will limit crime, the issue should not exist due to the fact that guns are necessary for self defense against crime, and by enforcing gun control is violating a citizens second amendment right to bear arms. Guns are evil to some, because of the violence that they create. People express guns as weapons of homicide. They insist that, the more guns with which our society equips itself, the greater the likelihood for accidents or violent acts involving fire arms to occur. It is a proven fact that handguns have been the murder weapon of choice. Guns are involved in half of all homicide cases. People believe that society has relied on weapons that create harm and criminals. Therefore, these weapons should be outlawed. However, law abiding citizens have the right to protect themselves against danger. Due to the ownership of guns, burglaries have reduced considerably. A gun is a tool, guns don't kill people. People kill people. The matter depends on who is using the gun, and what situation it is involved in. Purchasing a handgun legally is a complex procedure. The consumer must go through a two month waiting period. These procedure guarantee the innocence and reliability of a gun owner. The second amendment states the citizens right to own and bear firearms. Freedom to poses arms is a guaranteed citizen right. If the constitutional rights of a citizen are violated, it can be a complex issue. In the case of US vs Miller during the year of 1939, The supreme court voted against individual rights to bear arms. Nothing can destroy a government more quickly than its failure to observe its own laws. This is why all citizens should be aware of all of their constitutional rights. Enforcing gun control is not going to have an effect on the crime rate, because it will not keep criminals from purchasing weapons. If guns are outlawed, only outlaws will have guns. If a person is willing to pay a price they will get what they want. Gun owners have to protect themselves from these criminals, and all gun owners must be informed of their second Amendment right to keep and bear arms.

The Marshall Plan essays

The Marshall Plan essays After the devastating effects of WWII, Europes economic and social conditions where in shambles. The personal suffering and internal upheavals threatened chaos. There was a lack of coal, steel, electrical power, railroad cars, locomotives, trucks, oil, and grain. All of the West European countries suffered political instability. This was the Europe, Secretary of State, George C. Marshall, saw when he attended a meeting of Foreign Ministers in Moscow on March 1, 1947. In this meeting, which was called to ease tensions, Secretary Marshall became disillusioned over the chance of cooperation with the Soviet Union. After a stormy interview with Joseph Stalin, Secretary Marshall knew that Stalin meant to profit from Europes maladies. Marshall was convinced that the only hope for Europes recovery lay in the United States. He could see the United States needed to help Europe, not only for moral reasons, but also it was in the interest of the United States in order to curb communism and Europe was the United States biggest customer. On June 5, 1947 Secretary Marshall delivered his classic speech at Harvard University, thus starting the European Recovery Program (ERP), what would later be known, all over the world, as The Marshall Plan. The Marshall Plan constituted one of our countries finest foreign policy moments. It signals the United States unequivocal resolve to assist an economically struggling Europe and assume a position of leadership. At the Harvard speech Secretary Marshall announced, Our policy is directed not against any country or doctrine, but against hunger, poverty, desperation and chaos...Any government that is willing to assist in the task of recovery will find full cooperation, I am sure, on the part of the United States government. The Marshall Plan was set up for a limited period of four years (1948-1952). The money given by the United States included money for loans. The Eur ...

Customer Protection Laws, Law of Torts and the Contract Act Essay

Customer Protection Laws, Law of Torts and the Contract Act - Essay Example On the part of the Company, it would be the purchase price consideration. Consideration, according to Jill Poole, in her book, Text Book on Contract Law, could be described as the action, inaction or promise thereof by one party, which stimulates action, inaction, or promise of another. (Poole 1996-2008, P. 3). The following case illustration would drive home the aspects regarding the law applicable in this case. A arranges with a lorry transport Company, B, to transfer his chattels and also paid advance towards this arrangement. However, during the actual movement of goods, the cases fall into the river. B is under contract with A and therefore, a breach of contract has resulted. Again, in this case, if A could prove negligence, B may be held negligible under Tort. Therefore, under such circumstances, the transport company could be held liable for actions under Contract, and also under Tort law, or both. In the Henderson v. Merritt Syndicate Limited case, the learned jury, Lord Goff observed â€Å"Approached as a matter of principle, therefore, it is right to attribute to that assumption of responsibility, together with its concomitant reliance, a tortuous liability and then to inquire whether or not that liability is excluded by the contract because the latter is inconsistent with it.† (Poole 1996-2008, P. 6). In this case study, it is seen that the product stopped functioning during the warranty period. This warranty is termed as â€Å"warranty of fitness† whereby the buyer agrees to purchase the laptop upon the express condition that, in the event of non-functioning within a period of six months, it would be repaired free of cost Answer.com: Consumer protection: Warranties. (Consumer protection. 2008).In this case, it could be said that there is an Express warranty that assures the quality, description, or performance of the product. These warranties may be less apparent than are product advertisements.  

Compare and contrast of ncaa and nfl football Essay

Compare and contrast of ncaa and nfl football - Essay Example When an end zone is reached, a turnover is forced by a team, the ball is punt away or the ball is lost on downs. In both NFL and NCAA, team members may fail to achieve ten yards during the four downs, and they are expected to turn the ball over to the opposing team. In this situation, the teams punt the ball away to the opposing team on fourth down; hence, the opposing team has to struggle in scoring a touchdown. Teams in these games have a common objective of getting into the opposing team’s end zone in order to score six points that are referred to as touchdown. Alternatively, they have an option of kicking a field goal to score three points, in situation where they are unable to reach the end zone. Both NFL and NCAA apply two common methods in the play, which include passing the ball to a receiver or running back with the ball. Lastly, both games are played on a field of the same size; 100 yards long with a ten-yard end zone and 53 1/3-yards wide. According to ESPN AMERICA (1), the first difference relates to the playing field, whereby NFL’s field has one-yard hash mark running down the middle of the gridiron, and is aligned to the goal post, seventy feet and nine inches from each side. On the other hand, in NCAA, the hash marks are set wide apart with sixty feet from the side, hence making a wider field to one side, and increased angles for the field goals, when the ball is spotted on the hash. The other difference relates to the goal post widths, whereby, NCAA has uprights that are 23’ 4† apart, while in NFL has a width of 18’ 6†. The ball used in NCAA has white a stripe around the ends in order to make it more visible when in flight during the night, but in NFL, the stripe is absent. In addition, in NCAA, the downed runner, carrying the ball is classed as down when any part of his body except his boots and hands are touching the ground. However, in NFL, a player is downed when touched as he goes to the ground or on the

A Review of the Communication and Leadership in Jusco Essay Example for Free

A Review of the Communication and Leadership in Jusco Essay The relationship is set up when the company regular operation. With the company growing, it will have more and more employees. So communication and leadership is really important. The relationship is harmony so that the employees will more effective, communication is fully reflected whether good or bad of the relationship between employees and employers. Leadership has a big role in here. We define leadership as the ability to influence a group toward the achievement of a vision or set of goals. Organizations need strong leadership and strong management for optimal effectiveness. We need leaders today to challenge the status quo, create visions of the future, and inspire organizational members to want to achieve the visions. (Stephen P. Robbins, 1998). Leadership is a management which manage staff to do the business, and make it clearly and more effective. 2. 1 Background of Jusco With Diaoyu Dao event came out, the relationship between Japan and China is become worse and worse. China even occur boycott Japanese goods last year. Many of Chinese people became mob to destroy Japanese enterprise. Most of patriotic personages were held the demonstration in different city in China. They boycotted Japanese goods so that all of Japanese companies were going down in China. Jusco is Japanese company; Jusco is short for Japan United Stores Company. The various of Jusco companies are subsidiaries of AEON CO. Ltd. There was a JUSCO in Shanghai before, but it was dropped down finally because of poor management. In Guangdong, Guangdong JUSCO Co. , Ltd used the name JUSCO to operate the first JUSCO at 1996. Now, there are 13 shops in Guangdong. It took the lead in the introduction of foreign advanced GMS (department store the supermarket) format mode, and in 2010 launched the SM (Food supermarket) formats. Guangdong JUSCO has a sound management system and in 2005 obtained the ISO9001: 2000 quality management system certification; national green market certification in 2007, was one of the first to obtain the certification of retail enterprises; 2010, ISO14001: 2004 environmental management system certification, the retail business is the first to pass the certification. Adhering to the everything for customers business philosophy, Guangdong JUSCO has been thought to provide customers with security, peace of mind and trust of goods, services and a comfortable shopping environment for the mission, so that customers enjoy shopping. Guangdong JUSCO business goods include: fashion clothing, household goods, sporting goods, home decorations, food, Japanese cuisine, fast food and other necessities. 2. 2 Research objectives 1. 2. 1 Definition of communication and leadership Communication is a slippery concept, and while we may casually use the word with some frequency, it is difficult to arrive at a precise definition that is agreeable to most of those who consider themselves communication scholars. Communication is so deeply rooted in human behaviors and the structures of society that it is difficult to think of social or behavioral events that are absent communication. Halavais, 2006). More and more countries open up their market in this modern world. Communication become very important to Jusco, due to relationship between Japan and China is getting worse. Leadership has been described as â€Å"a process of social influence in which one person can enlist the aid and support of others in the accomplishment of a c ommon task. † (Chemers M. 1997). Leadership is easy to understand that organize a group of people to achieve a common goal. Under this global world, every organization is need cross-culture leadership. Cross-cultural psychology attempts to understand how individuals of different cultures interact with each other (Abbe, Gulick, amp; Herman, 2007). 1. 2. 2 To investigate the component for communications and leadership. Communications is a big problem in Jusco. This is common problem in China. AEON has been set up 18 Jusco in Guangdong, naturally, managers, leaders and employees all are Chinese. Otherwise, they must do the job under the working mode of AEON management. So communication sometimes is a big problem. Direction of communication is deciding how to communicate to each other. We further subdivide the vertical dimension into downward and upward directions. (R. L. Simpson, 1999) sometimes, most of sales do not will to talk to Jusco’s managers. And I know, Jusco managers also do not want to communicate to Japanese employers. It is even more badly when the DIAOYU DAO event happened. Japan and China are in stalemate. Leadership is mainly cross-culture leadership. 1. 2. 3 Further problem To find out further research opportunities for current problem. With the Japan and China become more and more hostility. We have to find out how does Japanese organization do in China. So we can research other Japanese company to have some more opportunities to compare Jusco. 1. 3 Research rationale I choose this topic because I was worked in Jusco as a red wine salesman last year, and I know this is Cross Culture Company, and its communication and leadership must be changed after the relation between China and Japan get worse. So I decide to use my MO knowledge to how it will be changed. Or keep the old style to manage. 2. Literature review 3. 3 Introduction Communication and leadership have a big role in management forever. Communication is decided whether make the company stay in the harmony situation. This makes the organization more effective and standard. Verbal communication is important to Jusco, but non-verbal communication is also important to it. Jusco is cross-culture organization; Chinese managers need to talk to Japanese senior management. After DIAOYU DAO event, the relation between Japan and China is getting worse, Japanese and Chinese cannot have a nice conversation. So I want to find out the difference of two stages. Leadership is an ability to influence a group toward the achievement of a vision or set of goals. However, not all the leaders are managers. Organizations need strong leadership and strong management for optimal effectiveness. So Jusco is the same. Jusco is customer-focused service operation. They have a lot of leaders in Jusco. Different apartment has different leader. However, a good leader can make it more effective. It also make customer more comfortable when customers shopping in Jusco. 3. 4 Main issue—communications Communication represents one of the most important tools that the leaders have at their disposal to perform their influencing of tasks. Its significance is such that some authors consider it as the â€Å"blood† that brings life to the organization. Paulo Nunes, 2011) In Jusco, communication is important thing, no matter employers or employees, they need to communicate to each other. Due to power distance is stay in the high level. Power distance is the extent to which the less powerful members of organizations and institutions (like the family) accept and expect that power is distributed un equally. (Gert Jan Hofstede, 1965) Japan is in the high level of Power distance index. So do Jusco, senior managers have some power to manage and ask employees to do the job. However, Jusco is customer-focused service operation. Sometimes, senior managers will ask others to serve customers not himself. They have their own duties. But they need to put customers at the first position. So this is the main problem in Jusco. And the communication is has the big usage for employers to avoid this situation happening. Communication has the general process. The key parts of this model are the sender, encoding, the message, the channel, decoding, the receiver, noise, and feedback. The sender starts a message by encoding a thought. The message is the real thing of the sender’s encoding. When we speak, the speech is message. Our writing is the message. The movements of our acting and the expressions on our face are the message when we gesture. One of the suitablekinds of communications is organizational communication. In organizational communication, there is one kind of mode for Jusco: Formal small-group networks. Formal organizational networks can be very complicated. There are three kinds in this mode, chain, wheel and all channel. The more effective criteria are the networks wheel and all channel. Jusco is wheel mode. For example, one manager is managing drink, wine and so on. 3. Main issue—Leadership Leadership has main two kinds of theories. One is trait theories of leadership, and it is focus on personal qualities and characteristics. By 1990s, after research, studies and analyses, the best leader is unlike the normal people. They are special. But the particular traits that characterized them varied a great deal from review to review. (S. A. Kirkpatrick, 1991) Significant relationships exis t between leadership and such individual traits as: intelligence, adjustment, extraversion, conscientiousness, openness to experience and general self-efficacy. While the trait theory of leadership has arisen again, its reemergence has not been accompanied by a corresponding increase in sophisticated conceptual frameworks. (Zaccaro, S. J. 2007). The other is behavioral theories. In response to the early criticisms of the trait approach, theorists began to research leadership as a set of behaviors, evaluating the behavior of successful leaders, determining behavior taxonomy, and identifying broad leadership styles. (Spillane, James P, 2004) The managerial grid model is also based on a behavioral theory. According to three styles: authoritarian, democratic, and laissez-faire. Lewin, Kurt, 1939). Normally, some leaders may compare traits and behaviors to manage; however, they are still failing to manage. As important as traits and behaviors are in identifying effective or ineffective leaders and they do not promises to success. 3. 6 Theories used in Jusco While the communication model used in Jusco, if managers can use this kind of skills, empl oyees can be pleased to accept the order and finish the job in a short time. Formal small-group networks is the normal communications mode exist in Jusco. I ever was a wine sales in Jusco, my group all are sales of wine. The wheel relies on a central figure out to act as the conduct for the entire group’s communication; it simulates the communication network you would find on a team with a strong leader. 2. 5 Conclusion Above the literature review, we can understand the theories of communication and leadership. And figure out which kind of model can be used in Jusco. However, something I can know more in the Jusco senior management. So Ican not ensure the how the solve the problem just by this simplified concepts. 3. Research methodology. 4. 7 overall research design Step 1 Select Jusco as the object of study. | Step 2 Use communication and leadership theories to clarify the usage of management system. | Step 3 Find materials about communication and leadership in Jusco. | Step 4 Organize the materials found before. | Step 5 Combine the viewpoints that have same directions. | Step 6 Add personal views in research paper. | Step 7 Come out the final research paper. | At first, you have to set up your research title. In this modern world, people pay attention to personal benefits from work, so how to make the communications effective and in a proper way can be a key element to achieve success for companies. And leadership is making the company keep the direction keep on the right way. And make the company get more effective and achieve the goals as fast as possible. This is why I choose communication and leadership in Jusco, especially in the specific stage, after the DIAOYU DAO event. After deciding what title is, I begin to search information about communication and leadership which can support my research, and then finding opinions about the communication and leadership system in Jusco. With collection of all the materials that I need in this paper, the step four is to organize them and find out what the authors’ opinions about communication and leadership in Jusco, even in Japanese organization. When clarifying the points from some experts. Communication has some usage for making the whole company staff harmony, and let the managersto know more about employees. Let the whole company become the one big thing, and stay in the high effective. At the end, you read all the references, and link the knowledge and make it to the net. Figuring out why the communication and leadership in Jusco is so important and which kinds of mode are fit for Jusco. 3. 2 Ways to conduct literature search Key words| Source| Finding | Cross-cultural competence in Army leaders| From library books| Abbe, A. , Gulick, L. M. V. , amp; Herman, J. L. | An integrative theory of leadership. Lawrence Erlbaum Associates| From library books| Chemers M. (1997)| The process of communication| From library books| D. K. Berlo,| Army Research Institute for the Behavioral and Social Sciences. | From library books| Empirical foundation. (Study Report 2008-01). | WIKIBOOKS CONTRIBUTORS. | From library books| Halavais, Joe Petrick, Ashley Anker(2006)| Cultures and Organizations: Software of the Mind| From library books| Hofstede, Geert, Gert Jan Hofstede and Michael Minkov. | Great Motivation Secrets of Great Leaders. | UCD library| John Baldoni(2005)| Journal of Social Psychology| From library books| 8. Lewin, Kurt; Lippitt, Ronald; White, Ralph (1939). | Communications| Google research | Paulo Nunes, 2011| Vertical and Horizontal Communication in Formal Organizations| From library books| R. L. Simpson, 1986| Employment Relations| From library books| Rose, 2001. Acadermy of Management Executive| UCD library| S. A. Kirkpatrick and E. A. Locke,| Towards a theory of leadership practice| From library books| Spillane, James P. ; et al. , Richard; Diamond, John (2004)| Essentials of Organizational Behavior| Text book | Stephen P. Robbins and Timothy A. Judge(1998)| Trait-based perspectives of leadership| From library books| Zaccaro, S. J. (2007). | 3. 3 Rese arch Approach Q1: Is it communication is important in Jusco between all the staff? A: YES B: NO Q2: In communication, which thing do you think is important? A: trust B: honest C: honor Q3: Which thing will affecttheresult of the communication? A: skills of communication. B: parties of communications. C: place when having communication. Q4: Do Jusco do the research to know more about what the employees want? Write down your opinion. Q5: Do all the staff will have courage to communicate to the managers? Write down your opinion. Q6: If some problem happens between two apartments, how do you communicate under this question? Write down your opinion. Q7: How do you think the level of effective during working in the Jusco? A: high. B: normal. C: low. Q8: How do you identify superior/subordinate relationship? A: very clear, I will report to superior. B: Superior sometimes will interpose my work. C: Often several superiors give the order at the same time. D: When I facing the problem, I do not know who I can ask. Q9: How do your manager to order your work? A: manager will show me the detail. B: manager will discuss with me when I am in trouble. C: manager normally do not discuss with us. D: I often confused when I get the order from my manager. E: other:______________ Q10:Do you often find nobody will be responsible for the job, how do Jusco take charge? Write down your opinion. Question no. 1 to question no. 3 are identify is communication important to the employers or sales in Jusco. I want to know is it some problem in communication in Jusco staff. It helps to clear my thoughts that whether communication is barriers in Jusco between the employees. Due to superior/subordinate relationship is really complicated. At the same time, according to the communication process, I want to find out which process is something wrong. Like question no. 1, it will give all the staff a shake. They maybe will suddenly realize we are lack of communication during the work. Question no. 2 is the same to question 1, just want to notice staff to think about the communication. The usage of question 3 is wanted to ask them whether communication will affect their work. What is the problem will come out if communication in a low level. Give something to them to think. And this serious of problems are more valuable after the DIAOYU DAO event come out. Due to Jusco is in embarrassing situation in China. Question no. 3 and question no. 4 are the same direction. After give 3 questions to wake you up and think about the communication in Jusco. Comparing their real situation in Jusco, and research the information about the communication is it works out. And does it effective or not. These two questions both need to write down your own opinion, your own thoughts. These are staff real thoughts. According to it, maybe the management in human behavior of Jusco can change the structure to make the whole Jusco has more effective. Question no. 5 and question no. 6 are transition question; it is from communication questions to leadership questions. Questions no. 5 and question no. 6 are concern about communication and leadership. It is not only asking staff the situation of communication, but also checks the leadership in Jusco. We can see the superficial current situation of leadership in Jusco. After I get the superficial information about the leadership, we will collect the information about evaluation of the effective. With the question no. 7, we check the standard of their effective. By this collection, we get this information and find out whether leadership in Jusco is good to use. Question no. 8 is mainly to check the sales and employees how to treat with their superior. Hence, it also evaluates harmony of communication between superior and subordinate. If the relation is harmony, it has a lot of effect to affect the leadership exercise power. Question no. 9 has connection with question no. 9; question no. 8 is mainly collecting the information from employers and sales in Jusco. We can see the truth about the real working situation by opinions of employees and sales. According to their view, we have to do some evaluations to check the leadershipeffective or not. Question no. 10 is helps Jusco to improve their situation. Jusco is customers first company, if this situation coming up, all of employers and managers have to serve customers first. This is vision of Jusco. If they all pass the job to others, no one serve customers. Customer will go away with his dissatisfaction and blame Jusco has the bad service. What the worse, he will complain or tell every friend he knows so that the bad image of Jusco has been set up. 3. 4 Sampling For sampling, I need to contact with Jusco. Each observation measures one or more targets, sampling have too methods and everyone should to be used in the proper way. They all are unique. They are demanded to suitable different situation become the characteristics difference. Jusco as the biggest retail corporation in Asia, in Guangdong, it also the Top 3 of retail corporation. So Jusco is a big corporation, I think Simple random sampling is fit for Jusco. In general, I put one Jusco as the whole, Equal to the probability of each individual to be able to get through one by one extraction method to extract a sample of each extract this sampling method is simple random sampling. Why I choose simple random sampling? Due to Jusco have 26 stores in Guangdong province. Their cope is too big, so I have pretended their probability is equal. Hence, I choose the random one store has regular scale to do this research. Even though, each Jusco has different sales, employees and managers. The mode of management in Jusco do not change, each Jusco is the same administrative mode, Advanced GMS comprehensive department store supermarket retail business model. Normally, one GMS mode of Jusco has five hundred to one thousand staff. They divided into different departments. Each department I will find the 20 people to do this research. When they done their research, I gathering all the information, and continue to analysis. When I finished that, I will finish my goals and finish my all objective. 3. Data access and collection To do this research and make the sampling, I have to go to Jusco investigation in Guangdong province. However, you cannot go in the Jusco working area easily. It is lucky I was worked there before, I know the managers. With the top managers in supermarket agreement, I finally go into and do some survey. My main contact person is my friend who sells the red wine inside it. Contact peopl e: Wang Hong 3. 6 Methods of data analysis After I finish my survey, I will use my organization behavior management and cross culture management to analysis Jusco. How to communication and leadership will happen in it. The further I will analysis is what will affect them after the DIAOYU DAO events. 3. 7 Research limitation As a full time student in Singapore, we have little time to do the research. Due to the time is too short, I do not have enough time to make the scope large, and make is simplified. At the same time, I still have another course; my time will become shorter and shorter. Under this reason, maybe my point of view will short for one side. Maybe leadership will gather more information than communications. In China many things are cannot show in the newspaper so the information collection is a big problem, and Chinese people do not say anything so clearly, especially in the relationship, during the research. The superior/subordinate relationship cannot record faithfully. Maybe subordinates are too afraid to answer the truth. And even more, English is not my first English, many words we need to figure out how to express my view of points. 4. Conclusion 5. 8 summary This essay is mainly to show that how communication and leadershipwill affect the work in the organization. Different organization has their ownmanagement mode and their own culture. These are affecting the staff how to act in the company. According to the first part of communication, communication is basis skills in the human behavior. Communication process will show us the flow during two people communicates. Make the communication more effective is lead to the whole working flow more effective. However, there are some barriers to effective communication. Like filtering, selective perception. Emotions, information overload and so on. The next objective is leadership. Due to there is a big problem, about the relations. Due to in China, the employee will very afraid of the boss, so if the employers want to get the feedback is a very difficult thing. So the communication skill is necessary, but without the communication skill, what can the employer get the information from is also consider in this part. And what’s effect will the relationship come up with. Managers must not be a leadership, everyone can do. However, Jusco in China, most of people are Chinese. Leadership means that you are my boss, you are my superior, I need to receive you order to do the job. So leadership in this, there is a lot of value to have this research. The last part is how communication and leadership actually do in Jusco. How managers are good usage of these theories to manage Jusco working. 4. 2 Implications With the company growth up, and more and more employee will join with the company to help a company to give produce, and there will be one day the company become a global company then it will face the east and west different culture, and the relationship is not as simple as before, how can the employer deal with it. They need to use the tool of communication, and even developing their leadership to make he reach their personal goal. China is depending on relations, this is a marvel country. Communication is a good weapon to flight during in this society. Leadership is one person who cans good use at communications and he has the ability to gather some people to achieve the goals. This is difference to order people to do the job. 4. 3 Further research opportunities Actually in China, relation is important thing. This is not only communication nor does leadership make it success. Every foreign company, need to do some research about relations. If you control this, you can live really well in China. Reference 1. Abbe, A. , Gulick, L. M. V. amp; Herman, J. L. (2007). Cross-cultural competence in Army leaders. 2. Chemers M. (1997) An integrative theory of leadership. Lawrence Erlbaum Associates, Publishers 3. D. K. Berlo, The process of communication (NEW YORK: Holt, Rinehart amp; Winston, 1960), pp. 30-32. 4. Empirical foundation. (Study Report 2008-01). Arlington, VA: U. S. Army Research Institute for the Behaviora l and Social Sciences. 5. Halavais, Joe Petrick, Ashley Anker(2006): WIKIBOOKS CONTRIBUTORS. Free software Foundation, Inc. 6. Hofstede, Geert, Gert Jan Hofstede and Michael Minkov. Cultures and Organizations: Software of the Mind, 3rd ed. New York: McGraw-Hill. 2010. 7. John Baldoni(2005): Great Motivation Secrets of Great Leaders. McGraw- Hill. P1-24 8. Lewin, Kurt; Lippitt, Ronald; White, Ralph (1939). Patterns of aggressive behavior in experimentally created social climates. Journal of Social Psychology: 271–301. 9. Paulo Nunes, Communications, 2011,rehttp://www. knoow. net/en/sceconent/management/communication. htmretrieved 2013-1-20. 10. R. L. Simpson, â€Å"Vertical and Horizontal Communication in Formal Organizations,† Administrative Science Quarterly, September 1989, pp. 188-196. 11. Rose,2001. Employment Relations. UK: Pearcon Edmcati Ltd. 2. S. A. Kirkpatrick and E. A. Locke, â€Å"leadership:Do traits matter? † Acadermy of Management Executive, May 1991, pp. 48-60 13. Spillane, James P. ; et al. , Richard; Diamond, John (2004). Towards a theory of leadership practice. Journal of Curriculum Studies 36 (1): 3–34. 14. Stephen P. Robbins and Timothy A. Judge(1998): Essentials of Orga nizational Behavior. Eleventh edition. Pearson Educated Ltd. 15. Zaccaro, S. J. (2007). Trait-based perspectives of leadership. American Psychologist, 62, 6-16. Confirmation Certificate Congratulations! You have successfully completed the Library Plagiarism Quiz. Student Name: Chen Zhiying Student Number: .. 11211905. Date: . 2012-10-18.. THIS IS TO CERTIFY THAT (signature)†¦chen zhiying†¦.. HAS COMPLETED THE PLAGIARISM QUIZ Remember that the confirmation certificate is a statement by you that you understand plagiarism and know how to avoid it. If you think that you do not understand plagiarism and how to avoid it after working through this tutorial, you should confer with your module coordinator, no matter what score you have obtained on the test.