Discrimination in the workplace Essay

Discrimination in the workplace is a common behavior that occurs in all occupations and industries. It can occur whether you work for a large or small organization, you’re a boss, or just starting out. In an ideal world people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we constantly face all kinds of neglect based on different attributes. All over the world, certain people treat others with prejudice because of particular features they possess. Unfortunately, this happens even in places which, by definition, should be free of all personal prejudices – specifically, in offices and other business surroundings. This phenomenon is called workplace discrimination; not every unfair behavior at work, however, can be assessed as discrimination. So, what exactly is workplace discrimination? Basically, it can be defined as a less favorable treatment towards an individual or a group of individuals at work, usually based on their nationality, skin color, sex, marital status, age, trade union activity, or other defining attributes (Australian Human Rights Commission). It can appear as a denial of certain rights, negligent treatment, intentional underestimating of a worker’s personality or work results and achievements, and so on. A person can be discriminated by their employers, or by their coworkers as well. Discrimination can result into severe psychological consequences for the victim, such as emotional stress and anxiety. Discrimination often causes an employee to leave the workplace, resign from a position, or in severe cases, to commit suicide or act violently against the discriminators. Workplace discrimination can take more open and threatening forms, which are known as workplace harassment. It occurs when an employee is made to feel intimidated, insulted or humiliated, based on such features as race, ethnic origin, gender, physical or mental disability, or on any other characteristic specified under legislation (AHRC). The two most radical forms of workplace harassment are the application of physical violence, or sexual harassment; women are especially exposed to this kind of discrimination. Workplace violence can take several forms: the direct exercise of physical force against a worker that causes or could cause injuries to the worker; an attempt to exercise such physical force; or a statement or behavior that a worker can reasonably interpret as a threat to exercise physical force (Ontario Ministry of Labor). Sexual harassment can  take the form of obscene jokes and allusions; intrusive body contacts; inappropriate gestures, or even direct actions aimed at sexual contact. There are several ways to deal with workplace discrimination; such measures can be held both on the individual and on the collective level. Individuals who have experienced discrimination or harassment at work, are recommended to stand firm under verbal attacks, remain confident about their own abilities and judgments, and try not to stay alone with the abusive person (UnionSafe). At the same time, collective measures can be taken as well. They usually include calling for a meeting in a quiet confidential place in order to admit and discuss the problem; complaining to competent authorities; developing respective policies together with sanctions applied in case there is an infringement enacted by workers. Unfortunately, we do not live in a perfect world, and not all people can enjoy equal opportunities and rights. This refers not only to our personal lives, but to our working environment as well; employees can be discriminated and abused because of certain features they possess, such as the color of skin, their ethnicity or gender, age, marital status, disabilities, and so on. To eliminate workplace discrimination, both individual and collective preventive measures should be made. References â€Å"What Is Workplace Discrimination and Harassment?† Australian Human Rights Commission. N.p., n.d. Web. 05 July 2013. . â€Å"Preventing Workplace Violence And Workplace Harassment.† Ontario Ministry of Labor. N.p., July 2011. Web. 05 July 2013. â€Å"Bullying and Harassment in the Workplace.† UnionSafe. N.p., n.d. Web. 05 July 2013. . Discipline & Discharge An employer may not take into account a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about discipline or discharge. For example, if two employees commit a similar offense, an employer many not discipline them differently because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. When deciding which employees will be laid off, an employer may not choose the oldest workers because of their age. Employers  also may not discriminate when deciding which workers to recall after a layoff. Harassment It is illegal to harass an employee because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Harassment outside of the workplace may also be illegal if there is a link with the workplace. For example, if a supervisor harasses an employee while driving the employee to a meeting. Prohibited Employment Policies/Practices Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law forbids discrimination in every aspect of employment. The laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the  business. The laws enforced by EEOC also prohibit an employer from using neutral employment policies and practices that have a disproportionately negative impact on applicants or employees age 40 or older, if the policies or practices at issue are not based on a reasonable factor other than age. 2. Which federal laws cover language discrimination? Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based upon national origin and race. Some courts and governmental agencies have said that discrimination based on language is a form of national origin discrimination because primary language is closely related to the place a person comes from. So if you are being discriminated against for using that language, or because of characteristics having to do with that language, that is considered essentially the same as if you were being discriminated against because of your national origin. This area of the law is still developing, however, so you should also consult with a local attorney for more information. 6. Can I be asked not to speak my native language at work or to speak English only? A rule requiring employees to speak only English at all times on the job may violate the law, unless an employer shows it is necessary for conducting business. If an employer believes the English-only rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule. Any negative employment decision based on breaking the English-only rule will be considered evidence of national origin discrimination if the employer did not tell employees of the rule, except in several western states as noted below. In California, as of January 1, 2002, there is a specific legal provision which makes it illegal for an employer to adopt or enforce a policy that limits or prohibits the use of any language in any workplace, unless both of the following conditions exist: (1) the language restriction is justified by a business necessity; and (2) the employer has notified its employees of the circumstances and the time when the language restriction is required to be observed and of the consequences for violating the language restriction. â€Å"Business necessity† is defined as â€Å"an overriding legitimate business purpose such that the language restriction is necessary to the safe and efficient operation of the business, that the language restriction  effectively fulfills the business purpose it is supposed to serve, and there is no alternative practice to the language restriction that would accomplish the business purpose equally well with a lesser discriminatory impact.† In the states of Alaska, Arizona, California (but the above state law still applies), Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, there is a court decision that requires one of the following two circumstances for an employee to challenge a â€Å"speak-English-only† policy in the workplace under federal law: the rule is applied to employees who speak no English or who have difficulty speaking English; or the policy creates, or is part of, a work environment that is hostile toward national origin minority employee s. If, initially, an employee is able to show that either of those conditions applies, the employer must show some â€Å"business necessity,† a sufficiently compelling and clearly job-related need, for the policy. Even if the employer does demonstrate business necessity, the policy is still illegal if there are less discriminatory alternatives to the policy that achieve the same goals just as effectively. At this point, although the law on language discrimination continues to evolve, employees in the U.S. but not in these states do not have to show either of the two conditions. The mere existence of a policy, whether or not it affects or targets national origin minority employees, is evidence of discrimination which may only be overcome by the employer’s business necessity. In Nebraska, a statute called the Protections for Non–English Speaking Employees Law offers several protections for workers whose primary language is not English. The law applies to employers that employ 100 or more workers and recruit or hire non–English-speaking workers residing more than 500 miles from the place of employment, and where more than 10 percent of the employers’ workforces are non -English-speaking and speak the same non-English language. Employers must provide non-English-speaking workers with required written information about the job and obtain the person’s signature on a statement acknowledging having received that information before hiring. Employers are required to provide bilingual employee interpreters to assist non-English speaking workers in carrying out their job responsibilities and to provide them with information on community services. Employers are also required to transport employees who quit within 4 weeks back to the locations from which they were recruited. More people in the workforce are claiming discrimination over  their English-speaking ability or foreign accents, according to federal officials.Workplace discrimination complaints based on national origin — which often involve language ability — rose by 76 percent from 1997 to 2011, when more than 11,800 complaints were lodged with the U.S. Equal Employment Opportunity Commission. The EEOC attributes the trend to a more ethnically diverse labor force — about 45 million Americans speak a language other than English at home. Civil-rights advocates say workplace environments have grown more hostile in states enacting tough new immigration laws. It is a common dilemma: employees complain about co-workers speaking other languages at work, conflicts arise, teamwork suffers, and morale issues begin invading the organization. These complaints usually center on an employee’s perception that it is rude for co-workers to speak another language at work, that such actions are intended to be deliberately exclusive and to make other employees feel uncomfortable. Employees feel they are being talked about, laughed at or even plotted against. Yet, Title VII protects employees from national origin discrimination, and therefore, employers must allow employees to have conversations in their native languages, unless there is a reasonable business need to require English-only rules during working hours. So what can HR do to resolve this conflict when English-only rules do not apply, such as during break times and lunches, and for businesses that cannot justify such a policy? First, educate employees on discrimination laws and work to f oster inclusion. Start with presentations on national origin discrimination and show the correlation between native languages being allowed in the workplace and the law. Work to create a presentation that shows common misconceptions on both sides and engenders respect for each other. Employees should be well informed of the company’s discrimination policy, which should also include the use of languages and guidance on what would constitute discriminatory or harassing behaviors. It should be communicated to all employees that failure to abide by the company’s policy and its expectations may result in disciplinary action, including termination. HR must also search for ways to ensure that inclusion is an integral part of the company’s culture. Providing a cohesive environment where everyone is respected and valued is vital to ensuring organizational success. Employees may find it  easier to assume that others are deliberately speaking a foreign language to hide something rather th an to take the time to understand another’s point of view. Conversely, always excluding employees from conversations by using another language can be unprofessional, unfair to co-workers and not in the best interests of the employer. Diversity and inclusion training should include awareness of cultural differences and the challenges non-native-English speakers may currently or once have faced, such as trying to fit into a new culture, being understood when conducting daily activities and being accepted and included at work. Employees also need to respect those fluent in more than one language. These individuals are able to speak English, but at times choose to speak to others in another common language. This is a natural way of sharing a part of their heritage while providing enjoyment in speaking a language that they both share. Finally, the organization’s management must â€Å"walk the talk† and be ready to address situations that affect their teams or jeopardize the employer’s goals and vision for the organization. SHRM HR Knowledge Center As a professional member of SHRM, you can receive free, exclusive access to the HR Knowledge Center. Our advisors have many years of HR experience and a wide variety of resources to assist you with your HR questions. You may reach the Knowledge Center at (800) 283-7476, Option #5 or by using the HR Knowledge Center Request Form. Express Requests The HR Knowledge Center has gathered resources on current topics in HR management. Click here to view and request information. Obtain reuse/copying permission – See more at: http://www.shrm.org/templatestools/hrqa/pages/whydosomeemployeesreactnegativelytootherlanguagesatwork.aspx#sthash.961esjei.dpuf Another step HR can take to prevent discrimination is to encourage cooperation and friendly, professional work relationships by creating  diverse departments or work areas throughout the company. Make sure employees know where to report any incidents of discrimination. Be sure to list the name of the Human Resources staff member that can document the complaint or report and is able to answer any questions or respond to concerns the employee may have. It is important that the HR staff member informs the manager or supervisor about the employees mentioned in the complaint so that the manager is informed and can schedule a private meeting with the employee to explain that they will have to answer the complaint. Be sure that all employees know that discrimination complaints are taken very seriously and addressed in a professional manner. Make any decisions regarding disciplinary action in a timely manner so that employees are not left to wonder what the outcome of the situation will be. Another step HR can take to prevent discrimination is to encourage cooperation and friendly, professional work relationships by creating diverse departments or work areas throughout the company. Make sure employees know where to report any incidents of discrimination. Be sure to list the name of the Human Resources staff member that can document the complaint or report and is able to answer any questions or respond to concerns the employee may have. It is important that the HR staff member informs the manager or supervisor about the employees mentioned in the complaint so that the manager is informed and can schedule a private meeting with the employee to explain that they will have to answer the complaint. Be sure that all employees know that discrimination complaints are taken very seriously and addressed in a professional manner. Make any decisions regarding disciplinary action in a timely manner so that employees are not left to wonder what the outcome of†¦

Describe the origins of public health in the UK Essay

Public health was best described by the Yale professor Winslow in 1920 who described it as ‘the art of preventing disease, prolonging life, and promoting physical health and efficiency through organized community efforts for the sanitation of the environment, the control of community infections, the education of the individual in principles of personal hygiene, the organization of medical and nursing services for the early diagnosis and preventive treatment of disease, and the development of the social machinery which will ensure to every individual in the community a standard of living adequate for the maintenance of health’. Public health covers a range of areas, and is constantly having to be changed to keep up with the changing health needs of the public. (Fleming, M. and Parker, E. (2009) An introduction to Public Health Churchill Livingston Elsevier: Australia) During the Victorian Era, public health was not an issue that was dealt with by the government. There weren’t public hospitals, and only those from a wealthy background were able to access medical care. There was no such thing as vaccinations as there was very few educated on health, and many people died from diseases and infections in all classes, that now a day are easily treated. The people of this time were very uneducated about personal hygiene care and knew nothing about the spread of diseases. The people based their beliefs on their interpretations of what they saw going on around them. Due to the lack of knowledge it was believed if someone died it was because they were, for example, possessed by a daemon or they were a witch. In today’s society we have the understanding and science to allow us insight into the real reasons that people die and get unwell, we know that illness are not caused because someone is a witch. During the 19th century there was many factories built which offered jobs to many people, so many people moved from the country to be near the factories as the transport systems were so poor. This meant that there was large numbers of people living in small areas. Though when the people began work in the factories, they soon realised that all was not as good as they had hoped for. In today’s world we have a far better transport network which means people can live in less confined areas, and they can travel easily to reach their places of work. Long working hours, poor wages and bad nutrition meant that people’s health started to decline, and it was in fact the more rural living people that lived longer. People were paid such bad wages and there was no benefits system in place, so when people were unable to afford a house for them and their families they were sent to the workhouse which was a last resort, in the workhouse people never got out alive, all dying shortly after they entered due to the vast amount of sickness that was there. Children went to work in the factories as soon as they were old enough, about 8 years old, and the woman also went to work in the factories as well as caring for the sick. This meant that the death rate in woman and children was especially low. In 1833 the Factory Act was put into place. This act was to regulate the working hours of woman and children, it took a long time to be implemented but it was a step towards the regulation of working conditions. Today is it illegal for a child to work until they reach the age of 16, and woman get paid leave from their jobs when they have a baby, this has meant that children are able to go to school and get an education and grow physically and intellectually instead of going to work from they can walk. During this time there was no such thing as building controls, so the homes in which people lived were of bad conditions, they were overcrowded and did not have any sanitation such as running water or sewage facilities. A six bedroom house would have had 6 large families living in it, one family per room. This meant that people had to take turns sleeping and infection spread easily, due to lack of sanitation. In today’s society we have building control who ensure that ll homes are fit for purpose and most people have their own bedroom, rather than one family to a bedroom. The life expectancy of someone living at this time and working in one of these factories was around the age of 22. The life expectancy for tradesmen was 27, men had a higher life expectancy that woman, and the upper class had a life expectancy of 45 as they were not subjected to the reality of the slums and factories. In today’s society the life expectancy of woman is 5 to 10 years longer than it is for men. This is mainly due to the fact that woman look after their health better and are more regular users of going to the doctors than men are. Woman are also more likely to talk to their friends if they think that they have something wrong where as men are not big talkers when it comes to their health. During the Victorian Era 60’000 to 70’000 people during every decade from tuberculosis and the numbers dying from it decreased and in recent years it was thought to completely be eradicated. The health service then made the decision not to vaccinate people for the disease because there had been no numbers of death from it, but this has not been the case and people have begun to tract it again and there are people dying from it. (bbc 2011) In 2011, 8,963 cases of TB were reported in the UK. (NHS 2012) No toilet facilities or sewage system meant that people chucked their waste out to the street, not knowing the consequences that untreated waste would have on their health. The water that the waste was thrown into was the same water that vermin and other animals lived in; this water was also used by the families for cooking and drinking which meant there was a serious spread of infections. Cholera is a water born disease which claimed the lives of thousands of people living during the 19th century, the symptoms include; stomach pains, vomiting, diarrhoea and the skin turning blue. Dr John Snow, who is now a famous figure in history, was the first person to make the connection that cholera spread through the water. He was a working class man, and he went on to study the people and how they were becoming ill, and discovered how cholera was spreading, and so epidemiology began. Epidemiology is the study of the spread of diseases and it is something that is ongoing today with the many new diseases that are being found. (bbc) Cholera is a disease was thought to have been eradicated but due to the recent weather disruptions across the UK and Ireland, the government are concerned that there could be another breakout. Thousands of homes have become flooded and the sewage from these homes is running up and down the streets, this being a vast resemblance to the 19th century. Microbiologists testing water in Moorlands, Somerset, found it contains 60,000 to 70,000 bacteria per 100 milliliter. Water should contain no more than 1,000 per milliliter, according to the World Health Organisation (WHO). The towns and cities were not a pleasant place to be, the streets were filthy, and the drains and sewers which ran in the streets were blocked and overflowing. Rubbish was also just threw out to the street which meant there was a lot of vermin attracted, which also carried many diseases, this caused national concern. More and more housing was being needed, so poorly built houses were erected on top of rubbish piles, this rubbish did not provide solid founds, and made the houses very dangerous for living in. The poor people could not get help, the middle class saw them as immoral as they were all living in such cramped housing. There were charities set up, such as the Peabody Trust in 1862 and The Guinness Trust in 1890 which aimed to help the people but these failed to meet the needs of the people most desperate in society. In 1866 after a fourth case of cholera killed 6000 people; the government put the first piece of legislation in place that actually made changes to the peoples lives, The Sanitary Act. This law meant that authorities had to provide fresh water, sewage and waste disposal. This law took a long time to be implemented into all houses within Britain but it meant that life expectancy was slowly on the rise. All of the towns had to have a Sanitary Inspectors and the Home Secretary was empowered to take proceedings for the removal of nuisances where local authorities failed to act. Today all homes in Britain benefit from the Sanitary Act as they have running water and sewage facilities, and also a better knowledge on personal hygiene. By the end of the Victorian Era, treatment of illness started to become more advanced and surgery became more effective as there was a better knowledge. Moving into the 20th century there was still many of the problems which existed during the 19th century. These on-going problems included housing and slums, poverty, lack of hospitals, nutritional issues, and the same sanitation problems. One piece of legislation that ensured a better quality of life for the people was the House of the Working Class Act, this began the building of council houses, a development which is still being used in present day, especially sue to the recessionary times that we are currently in and the increasing amounts of people that are becoming homeless due to reduced jobs and opportunities. In today’s society we still have problems with many of these issues. In the recent economic climate and the recession, people have become unemployed and living has started to back track to these times, a lot of people have not been able to keep up repayments on their mortgages and homelessness has become a booming issue. This homelessness has meant that there has been a small rise in the numbers of council houses being built. Another problem which is still ongoing in today’s society is peoples nutrition. In the 19th and 20th centuries people suffered from bad nutrition as they did not know about vitamins and nutrients and people were badly malnourished and underweight which added to many health problems such as rickets, and in today’s society we still have nutritional problems. Fast food and fatty foods are so easily accessible and people find them to be handier than cooking nutritious meals and so people are becoming increasingly overweight and many suffer from obesity. According to the World Health Organisation, in 2008 there was 1. 4 billion adults over 20 who were classified as obese and in 2011 there was over 40 million children suffering from obesity also. (WHO 2013) Free school meals for children were also introduced in 1906; these free meals are still available to some children today. They ensure that the children are getting the proper nutrients and vitamins that is necessary to encourage growth and to also help them concentrate and learn. The health and wellbeing of children was one of the main aspects of public health that the Ministry of Health were trying to protect, and in 1907 a school nurse was assigned to all schools, and her main role to begin with was to check the children’s heads for nits. The role of the school nurse then developed to carry out examinations on all aspects of the children’s health, growth and development. In 1911 National Insurance was first introduced. This new system meant that working people had a small amount taken out of their wages which was put into the health care system, and if the worker was to fall ill then they would be able to avail of free health care, this was only for the worker though and not their spouse or children. (bbc) The First World War was one of the key events in the 20th century that highlighted the poor health of people living in Britain. The war put in place a need for an army of healthy young men as recruits, but this proved hard. The recruits were sent to war malnourished, meaning that they did not last long, and if they suffered an injury they were not strong enough to live. As no one knew how long the war was going to last there was a concentration on the health of pregnant woman and young men’s, as these would be the military of the future if the war was to continue. There were not many hospitals available for the people who needed them and it was only the wealthy that had access to them, as there no health care service like we have today, and the people had to pay for their medical care. The military were starting to come back from the war so there was an expansion in the number of hospitals being built as the conditions were still very poor in Britain, but these were solely for the use of the military soldiers. The Prime Minister at the time, Lloyd George promised a ‘home fit for heroes’ in 1918 and so the government set out the building of half a million homes by 1933. (bbc) A year later in 1919 the Ministry of Health was set up to look after the sanitation, health care and disease as well as the training of doctors, nurses, midwives and dentists. Dental care at the time was a huge issue, due to the malnourishment, people’s teeth were very poor and dental care did not really exist especially for the poorer people in society. Malnutrition continued to be a huge public health concern up until the Second World War with the introduction of rationing. This was a huge change to people’s lives and was implemented by the Ministry of Food in 1940. Rationing meant that each person could only buy a fixed amount of certain foods each week, and you had to hand over coupons from the family’s ration book. This reason behind rationing was because most of the food consumed in the UK and Ireland were imported from other countries, and this war proved to cause problems to this happening. During this war planes were used to drop bombs on ships and quite often the ships importing the fresh foods were bombed and the food destroyed, so this new rationing idea meant that everyone was able to gain access to the same amounts of fresh foods. Rationing is a concept that is still widely used today throughout the world by the army soldiers. The use of planes to drop bombs also caused a lot of destruction to people’s homes, many of them being destroyed, sometimes whole towns or cities were destroyed. During these troubling times people were expecting for their homes to be bombed so the government put in place a scheme for the children to be sent to the country where it would be safer for them. This was organised through ‘billeting officers’ and the children’s new homes were called ‘billets’. The children went to school and lived together until the war was over. The destruction, as bad as it was, gave the cities the opportunities to rebuild their homes to a better standard. In 1941 the British government commissioned a report into the ways that Britain should be rebuilt. William Beveridge, the director of the London School of Economics, was put in charge of the rebuilding. His report which was published in 1942 identified that there were five giant evils which would have to be overcome, these included; squalor, ignorance, want, idleness and disease. The Beveridge report has since formed much of the social legislation that we use today. Beveridge wanted to create a ‘cradle to grave’ health care system. The working people and the employers would still pay national insurance and for the service to be sustained more jobs would have to be created. In 1948 the NHS which we still have to this day was established. The NHS was an ambitious plan to bring healthcare to all people regardless of their social class or wealth or gender, and the healthcare would be free at the point of delivery. This was the first time that doctors, nurses, pharmacists, opticians and dentists would all work together. (NHS 2012) The 20th and 21st centuries saw a huge decline in the number of infectious diseases mortalities, and an increased life expectancy. One of the main reasons for this was the discovery of antibiotics in 1929, and the use of these in the 1940’s showed their true potential. Immunizations also came into practice and people had a better understanding of foods, and what foods improved health all contributing factors to people having better health. The NHS is still working to improve the health of its service users and it is working with many researching companies to find cures for the new diseases  that are developing. Although it is a great concept which has been active for over 60 years, the NHS is under a lot of stain and financial pressure. Due to the economic downturn there is less people working and so there is less national insurance being paid so there the NHS has less funding to provide the outstanding services that it does to the UK for free. The doctors and nurses are under almost intolerable pressure, and this is due to cuts in hospital beds, growing admissions and staff shortages. On 24th February, the Royal Victoria Hospital in Belfast became under so much pressure in its emergency department that extra staff had to be called in to deal with the escalating number of people seeking treatment, at one point there was more than 100 people waiting. This does not conquer the goals that the NHS had initially set out to achieve in 1948.

Business Law Essay Example for Free (#16)

Business Law Essay What is Business Law? Businesses interact in many and varied ways. To name just a few types of business transactions, there are contracts, mergers and acquisitions, leasing, etc. How these transactions are carried out is overseen by Business Law. Additionally, how businesses are formed is a large part of Business law. This area of law is very wide-ranging, although it deals primarily with defining the rights and responsibilities of businesses, rather than enforcing these laws. Because of its extensive scope, Business law has spawned a large number of legal practice area subcategories, which include Sales and Secured Transactions, Banking, Landlord-Tenant, Mortgages, Real Estate Transactions, Debtor and Creditor, Bankruptcy, Consumer Credit, Negotiable Instruments, and Contracts. Business law and Commercial law are very closely related, so much so that the terms are often used interchangeably and the legal issues they address frequently overlap. The Uniform Commercial Code (UCC) is the principal presiding authority over commercial transactions. Business.gov helps small businesses understand their legal requirements and locate government services from federal, state and local agencies. Business.gov is an official site of the U.S. Small Business Administration. * Commercial Law / Business Law – Definition Commercial law (sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Most aspects of running a business have some legal consequences. Whether your business is just starting up, expanding, or winding down, you must comply with the federal, state, and local laws that govern your business activities. A great many common law rulings, statutes, administrative rules and legislation make up the practice and interpretation of employment law. Its governance falls under the umbrella of both federal and state statutes, as well as administrative regulation and judicial precedent. When workers file claims for employment discrimination, unemployment compensation and workers’ compensation, these claims fall under employment law. Likewise, overseeing workplace safety and standards, fair wages, retirement and pensions, employee benefits, and much more, are part of this wide-ranging legal area. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another. A well-known, prevalent administrative regulatory body for employment law is the Department of Labor, which exists on both the federal and the state level.The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given. Self-Employment Assistance offers dislocated workers the opportunity for early re-employment. The program is designed to encourage and enable unemployed workers to create their own jobs by starting their own small businesses. Under these programs, States can pay a self-employed allowance, instead of regular unemployment insurance benefits, to help unemployed workers while they are establishing businesses and becoming self-employed. Participants receive weekly allowances while they are getting their businesses off the ground. A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to promulgate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.State corporation laws require articles of incorporation to document the corporation’s creation and to provide provisions regarding the management of internal affairs. Most state corporation statutes also operate under the assumption that each corporation will adopt bylaws to define the rights and obligations of officers, persons and groups within its structure. States also have registration laws requiring corporations that incorporate in other states to request permission to do in-state business.There has also been a significant component of Federal corporations law since Congress passed the Securities Act of 1933, which regulates how corporate securities are issued and sold. Federal securities law also governs req uirements of fiduciary conduct such as requiring corporations to make full disclosures to shareholders and investors. The law treats a corporation as a legal â€Å"person† that has standing to sue and be sued, distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts. It also allows stockholders to sue the corporation through a derivative suit and makes ownership in the company (shares) easily transferable. The legal â€Å"person† status of corporations gives the business perpetual life; deaths of officials or stockholders do not alter the corporation’s structure.Corporations are taxable entities that fall under a different scheme from individuals. Although corporations have a â€Å"double tax† problem — both corporate profits and shareholder dividends are taxed — corporate profits are taxed at a lower rate than the rates for individuals.Corporate law has important intersections with contracts and commercial transactions law. A generic term for shares of stock, bonds, and debentures issued by corporations and governments to evidence ownership and terms of payment of dividends or final payoff. They are called securities because the assets or profits of the corporation or the credit of the government stand as security for payment. However, unlike secured transactions in which specific property is pledged, securities are only as good as the future profitability of the corporation or the management of the governmental agency. Most securities are traded on various stock or bond markets. Securities law exists because of unique informational needs of investors. Securities are not inherently valuable; their worth comes only from the claims they entitle their owner to make upon the assets and earnings of the issuer or the voting power that accompanies such claims. The value of securities depends on the issuer’s financial condition, products and markets, management, and the competitive and regulatory climate. Securities laws and regulations aim at ensuring that investors receive accurate and necessary information regarding the type and value of the interest under consideration for purchase. Securities exist in the form of notes, stocks, treasury stocks, bonds, certificates of interest or participation in profit sharing agreements, collateral trust certificates, preorganization certificates or subscriptions, transferable shares, investment contracts, voting trust certificates, certificates of deposit for a security, and a fractional undivided interest in gas, oil, or other mineral rights. Certain types of notes, such as a note secured by a home mortgage or a note secured by accounts receivable or other business assets, are not securities. * The Setting for Buying and Trading Two principle settings for buying and selling securities exist – issuer transactions and trading transactions. On the one hand, issuer transactions are the means by which businesses raise capital. These transactions involve the sale of securities by the issuer to investors. On the other hand, trading transactions refers to the purchasing and selling of outstanding securities among investors. Investors trade outstanding securities through securities markets that can be either stock exchanges or â€Å"over-the-counter.† Stock exchanges provide a place, rules, and procedures for buying and selling securities, and the government heavily regulates them. Generally, to have their securities sold and bought on a stock exchange, a company must list its securities on a given exchange. The Securities and Exchange Commission (SEC) must approve the stock exchange’s rules before they take effect. Transactions that do not take place on a stock exchange occur in the the residual securities market, known as the over-the-counter market. Only dealers and brokers registered with the SEC may engage in securities business both on stock exchanges and in over-the-counter markets. Most of the broker-dealers serving the public used to be members of the National Association of Securities Dealers (NASD), which served the NASDAQ stock market, but in 2007, the NASD merged with the dealers from the New York Stock Exchange to form the Financial Industry Regulatory Authority (FINRA) a national securities association registered with SEC. Securities regulations focus mainly on the market for common stocks. Both federal and state laws regulate securities. On the heels of the Great Depression, Congress enacted the first of the federal securities laws, the Federal Securities Act of 1933, which regulates the public offering and sale of securities in interstate commerce. This Act also prohibits the offer or sale of a security not registered with the Securities Exchange Commission and requires the disclosure of certain information to the prospective securities’ purchaser. Then, needing an agency to enforce those regulations, Congress established the Securities Exchange Act of 1934, which created the SEC. Since then, Congress has charged the SEC with administering federal securities laws. The 1933 Act’s registration requirements aimed to enable purchasers to make reasoned decisions by requiring companies to provide reliable information. The Securities Exchange Act of 1934 also regulates officers, directors, and principal share holders in an attempt to maintain fair and honest markets. The Act requires that issuers, subject to certain exemptions, register with the SEC if they want to have their securities traded on a national exchange. Issuers of securities registered under the 1934 Act must file various reports with the SEC in order to provide the public with adequate information about companies with publicly traded stocks. The 1934 Act permits the SEC to promulgate rules and regulations to protect the public and investors by prohibiting manipulative devices and contrivances via the mail system or other means of interstate commerce A partnership is a for-profit business association of two or more persons. Because the business component is defined broadly by state laws and because â€Å"persons† can include individuals, groups of individuals, companies, and corporations, partnerships are highly adaptable in form and vary in complexity. Each partner shares directly in the organization’s profits and shares control of the business operation. The consequence of this profit sharing is that partners are jointly and independently liable for the partnership’s debts.Creation, organization, and dissolution of partnerships are governed by state law. Many states have adopted the Uniform Partnership Act. A partner relationship is generally the result of a contract either express or implied with no formal requirements (such as a signed document). This is not the case of a limited partnership where one or more general partners manage business operations and assume personally liable for partnership debts while other contributing/profit sharing partners take no part in running the business and incur no liability beyond contribution obligations.) Limited partnerships are governed in many states by the Uniform Limited Partnership Act . State property law also impacts partnerships by defining ownership in a partnership and determining how the death of a partner changes the partnership structure. Federal law plays a minimal role in partnership law except in the context of a diversity action, or in instances where a partnership agreement contains an effective choice-of-law provision designating the application of federal law. Federal law also governs whether a partnership exists for federal tax purposes. For state and federal tax purposes, a partnership is not a taxable entity. Partnership income is taxable to the partners in proport ion to their share in the company’s profits. Despite their importance to the economy, small businesses are heavily burdened by the costs of government regulation and excessive paperwork. Advocacy research shows that firms with fewer than 20 employees annually spend 45 percent more per employee than larger firms do to comply with federal regulations. Advocacy is an independent voice for small business within the federal government and is the watchdog for the Regulatory Flexibility Act (RFA). Advocacy advances the views and concerns of small business before Congress, the White House, the federal agencies, the federal courts and state policy makers. An arrangement under which a borrower puts up the title to real estate as security (collateral) for a loan to buy the real estate. The borrower typically agrees to make regular payments of principal and interest to repay the loan. If the borrower falls behind (defaults) on the payments, the lender can foreclose on the real estate and have it sold to pay off the loan. A mortgage involves the transfer of an interest in land as security for a loan or other obligation. It is the most common method of financing real estate transactions. The mortgagor is the party transferring the interest in land. The mortgagee, usually a financial institution, is the provider of the loan or other interest given in exchange for the security interest. Normally, a mortgage is paid in installments that include both interest and a payment on the principle amount that was borrowed. Failure to make payments results in the foreclosure of the mortgage. Foreclosure allows the mortgagee to declare that the entire m ortgage debt is due and must be paid immediately. This is accomplished through an acceleration clause in the mortgage. Failure to pay the mortgage debt once foreclosure of the land occurs leads to seizure of the security interest and its sale to pay for any remaining mortgage debt. The foreclosure process depends on state law and the terms of the mortgage. The most common processes are court proceedings (judicial foreclosure) or grants of power to the mortgagee to sell the property (power of sale foreclosure). Many states regulate acceleration clauses and allow late payments to avoid foreclosure. Some states use instruments called deeds of trust instead of traditional mortgages. Three theories exist regarding who has legal title to a mortgaged property. Under the title theory title to the security interest rests with the mortgagee. Most states, however, follow the lien theory under which the legal title remains with the mortgagor unless there is foreclosure. Finally, the intermediate theory applies the lien theory until there is a default on the mortgage whereupon the title theory applies. The mortgagor and the mortgagee generally have the right to transfer their interest in the mortgage. Some states hold that even when the purchaser of a property subject to a mortgage does not explicitly take over the mortgage the transfer is assumed. Mortgages employ due-on-sale and due-on-encumbrance clauses to prevent the transfer of mortgages. These clauses allow acceleration (having the principal and interest become due immediately) of the mortgage. The law of contracts and property govern the transfer of the mortgage’s interest. If the mortgage being foreclosed is not the only lien on the property then state law determines the priority of the property interests. For example, Article 9 of the Uniform Commercial Code governs conflicts between mortgages on real property and liens on fixtures (personal property attached to a piece of real estate). When a mortgage is a negotiable instrument it is governed by Article 3 of the Uniform Commercial Code. A mortgage may be used as a security interest by the mortgage. * Strangely enough, the word mortgage comes from the French word â€Å"mort† which means â€Å"dead† and â€Å"gage† from Old English, which means pledge. The term came from the doubtfulness of whether or not the mortgagor would pay the debt. In the 1500’s, if the mortgagor did not pay, then the land pledged as security for the debt was taken away. The land was then considered â€Å"dead† to the mortgagor. Nowadays, the term mortgage is used as a term for purchasing a property. We no longer associate anyone’s death with it. Although a few lucky people may be in a position to pay all cash for a property, home mortgages are required to purchase a home. Mortgages all have a term (typically 15, 20 or 30 years) representing the length of time before your home is paid off and a rate which determines the principal and interest payment that will be required to be paid during this term. Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to â€Å"establish uniform laws on the subject of Bankruptcy throughout the United States.States may not regulate bankruptcy though they may pass laws that govern other aspects of the debtor-creditor relationship. There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code a lso establish the priority of creditors’ interests. * Small Business Financing – Loans and Grants Federal, state and local governments offer a wide range of financing programs to help small businesses start and grow their operations. These programs include low-interest loans, venture capital, and scientific and economic development grants. The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property). The U.S. Department of Commerce has a broad mandate to advance economic growth and jobs and opportunities for the American people. It has cross cutting responsibilities in the areas of trade, technology, economic development, environmental stewardship and statistical research and analysis. The products and services the department provides touch the lives of Americans and American companies in many ways, including weather forecasts, the decennial census, and patent and trademark protection for inventors and businesses. The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one of the most important developments in American law. The UCC text and draft revisions are written by experts in commercial law and submitted as drafts for approval to the National Conference of Commissioners on Uniform State Laws (now referred to as the Uniform Law Commissioners), in collaboration with the American Law Institute. The Commissioners are all attorneys, qualified to practice law, including state and federal judges, legislators and law professors from the United States and its territories. These quasi-public organizations meet and decide whether to endorse these drafts or to send them back to the experts for revision. The revision process may result in several different revisions of the original draft. Once a draft is endorsed, the Uniform Law Commissioners recommend that the states adopt these rules. The UCC is a model code, so it does not have leg al effect in a jurisdiction unless UCC provisions are enacted by the individual legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, and the Virgin Islands. AN ACT to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper,bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect there to; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts. * 1-101. Short Titles. (a) This [Act] may be cited as the Uniform Commercial Code. * 1-102. Scope of Article. This article applies to a transaction to the extent that it is governed by another article of [the Uniform Commercial Code]. * 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law. (a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1)to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, fraud, misrepresentation,mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. * 1-104. Construction Against Implied Repeal. [The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable. * 1-106. Use of Singular and Plural; Gender. In [the Uniform Commercial Code], unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender. Section captions are part of [the Uniform Commercial Code]. * 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof: (1) â€Å"Action†, in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. (2) â€Å"Aggrieved party† means a party entitled to pursue a remedy. (3) â€Å"Agreement†, as distinguished from â€Å"contract†, means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. (4) â€Å"Bank† means a person engaged in the busines s of banking and includes a savings bank, savings and loan association, credit union, and trust company. (5) â€Å"Bearer† means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. (6) â€Å"Bill of lading† means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. (7) â€Å"Branch† includes a separately incorporated foreign branch of a bank. (8) â€Å"Burden of establishing† a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. (9) â€Å"Buyer in ordinary course of business† means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller’s own usual or customary practices. A person that sells oil, gas, or othe r minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. (10) â€Å"Conspicuous†, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is â€Å"conspicuous† or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding te xt of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language. (11) â€Å"Consumer† means an individual who enters into a transaction primarily for personal, family, or household purposes. (12) â€Å"Contract†, as distinguished from â€Å"agreement†, means the total legal obligation that results from the parties’ agreement as determined by [the Uniform Commercial Code] as supplemented by any other applicable laws. (13) â€Å"Creditor† includes a general creditor, a secured creditor, and any representative of creditors, including an assignee for the benefit of creditors, a receiver in equity, and an executor or administrator of an insolvent debtor’s or assignor’s estate. (14) â€Å"Defendant† includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. (15) â€Å"Delivery†, with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession. Includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments has become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is important part of the WTO activities, this latter branch of law is now very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, â€Å"the law for merchants on land† and â€Å"the law for merchants on sea.† Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of â€Å"international legislation† and new lex mercatoria, regulating relations in international trade. â€Å"International legislation† – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria – â€Å"the law for merchants on land†. Alok Narayan defines â€Å"lex mercatoria† as â€Å"any law relating to businesses† which was criticised by Professor Julius Stone. and lex maritima – â€Å"the law for merchants on sea. Alok in his recent article criticised this definition to be â€Å"too narrow† and â€Å"merely-creative†. Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. Contract: the elements of a contract The first step in a contract question is always to make sure that a contract actually exists. There are certain elements that must be present for a legally binding contract to be in place. The first two are the most obvious: * An offer: an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. * Acceptance: an expression of absolute and unconditional agreement to all the terms set out in the offer. It can be oral or in writing. The acceptance must exactly mirror the original offer made. * A counter-offer is not the same as an acceptance. A counter-offer extinguishes the original offer: you can’t make a counter-offer and then decide to accept the original offer! But†¦ * A request for information is not a counter-offer. If you ask the offeror for information or clarification about the offer, that doesn’t extinguish the offer; you’re still free to accept it if you want. It is very important to distinguish an offer from an invitation to treat – that is, an invitation for other people to submit offers. Some everyday situations which we might think are offers are in fact invitations to treat: * Goods displayed in a shop window or on a shelf. * When a book is placed in a shop window priced at  £7.99, the bookshop owner has made an invitation to treat. * When I pick up that book and take it to the till, I make the offer to buy the book for  £7.99. * When the person at the till takes my money, the shop accepts my offer, and a contract comes into being. * Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window. * The original advertising of the auction is just an invitation to treat. * When I make a bid, I am making an offer. * When the hammer falls, the winning ‘offer’ has been accepted. The seller now has a legally binding contract with the winning bidder (so long as there is no reserve price that hasn’t been reached) An offer can be revoked at any time before it is accepted, so long as you inform the person you made the offer to that the offer no longer stands. * Consideration: each party to the contract must receive something of value.Consideration is the price paid for the other’s promise. There are four legal maxims that apply to consideration: * Consideration must move from the promisor; * Consideration need not move to the promisee; * Past consideration is not good consideration; * The consideration given must be sufficient, but it need not be adequate. Arrangements of a social nature are presumed not to be legally binding, whilse commercial arrangements are presumed to be intended as binding contracts. Of course, these presumptions can always be rebutted in court by producing evidence to the contrary. It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business.. There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships. Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking. Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close. Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business. Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws. Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business. Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business. Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business. Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate. The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority. Business Law. (2017, Feb 07). 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American Revolution Plutocaracy or Democracy in TOWARD AN AMERICAN REVOLUTION - Essay Example He writes, "The reason for the Constitution was to empower people of property over common people. Indeed, our definition of self-government and freedom have become linked, if not equated, to the interests of the corporation." (ch. 3, 'A Great Compromise,' para. 4) It is a compelling book in the tradition of writers such as Howard Zinn and America's resident crank, Gore Vidal,(1) which should be read by every citizen in this country who thinks they know what the Constitution says, who wrote it and why. The Framers of the Constitution, as Fresia points out, would have likely agreed with an IBM ad quoted in the book: "The Constitution is a political work of art . . . and . . . It's also the most important contract of your life." (Ch 1, 3 Obstacles, 1st para.) Almost every man attending and contributing to the Constitutional Convention was wealthy in land and humans, i.e. slaves. As property owners, 'better people,' these men relied on real and implied contracts to protect what they owned. A government that could not provide such protection would be no government at all. to British entrepreneurs - Peers and Knights - the right to colonize and to make money from lands in the New World.(2) As Fresia makes clear throughout his book, this right to make money became a right to govern in the New World and eventually became justification for American landowners to sever ties with England and to create their own mercantile country. What thes What these men of wealth and property wished to establish was a legal system, a government that protected their wealth. They did not wish to be subject to the whims of, as Rufus King put it, ". . . the poor and illiterate." (ch. 3, Ratification, end of 1st para). Indeed, James Madison, the 'Father of the Constitution,' wrote: Landowners ought to have a share in the government, to support these valuable interests, and to balance and check the others. They ought to be so constituted as to protect the minority of the opulent against the majority. (Ch. 3, Checks & Balances, 2nd to last para.)What has escaped many people in their understanding and reverence of The Constitution is that it is a document which was designed to secure the rights of the wealthy, the better people, while shutting out those without property or wealth. At the Convention of 1787, Alexander Hamilton put it succinctly when he said, "Give therefore to the first class [rich and well-born] a distinct, permanent share in the government. They will check the unsteadiness of the Second."(2) What he meant by Second was the masses or, as he once called them, "a great beast." (Ch 1, para 6) Check the Balances Of significant influence on the Constitution and the men who wrote it were the political theories of British philosopher

The Ethical Standards of Nike Essay Example | Topics and Well Written Essays - 3000 words

The Ethical Standards of Nike - Essay Example Nike has changed its course of action in recent years from one of sheer denial and arguments to one of policy and change. The fact that the company responded only to global media pressure and the fact that standards only changed in Indonesia because of workers strikes and consumer pressure leave something to be desired about the ethical standards of Nike. However, it is important to recognize that Nike did change, though the implementation of the 1997 policies, almost ten years later, is not fully in effect. Â  Nike should be held ethically responsible for the working conditions in foreign factories of subcontractors. In a business decision, regardless of the international boundaries, it is important to follow a certain level of ethical standards. While it is impossible to judge if Nike absolutely knew of the sub-standard conditions, it is logical to assume that Nike could not have ignored the possibility, regardless of the information from Mr. Young, who said that the conditions were adequate in the factories. Yet, in countries where minimum age and working condition laws are not contusive to an appropriate and healthy lifestyle, Nike, by simple association, should maintain a level of dignity for their products. However, the legalities of the situation become more intricate for Nike, being an American based business, subcontracts to (mainly) Asian factories.

AT&T Control Mechanisms Essay Example | Topics and Well Written Essays - 750 words

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DB Qs Dar mkt Essay Example | Topics and Well Written Essays - 750 words

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Global Forces Essay Example for Free

Global Forces Essay Introduction This case highlights how the European Brewing Industry is striving to grow and gain competitive advantage worldwide. In line to achieve this there have been a lot of innovation, acqiusitions, mergers and of course rebranding of beer products in the Industry. Companies are further trying to reduce operational costs for improved profit. It is therefore imperative that we analyze the global forces in this industry. 1.A PESTEL ANALYSIS (i)PESTEL FACTOR: Political: Firstly I noted that there have been strong campaigns by Governments to stop drunken driving. This might affect the consumption levels for the beers. More especially when there are functions such as weddings and parties, because during such functions Drivers are tempted to drink as functions unfolds. Also people may start avoiding taking beer from Pubs and restaurants since they are required to drive home from such places. Political effects are further emanating from the Government campaigns against binge drinking or overindulgence on alcoholic beverages, hence discouraging consumers from pubs or any social clubs. This may act as catalyst in the reduction of business opportunities for the brewing companies. I further noted that Governments regulate on how packaging for beer should be done due to environmental issues. For example Denmark the use of Bottles is instead of cans. Politically some this may affect the profitability of some brewing companies in Europe. Economic: The Government’s regulations to restrict alcohol consumption in terms of drunken driving and excessive consumption have really helped in increased sales of beer in supermarkets. As indicated in the case statistics shows that sales increased to 66% in 2005. The shift to Chain Stores has worked to the advantage of the brewing industry as the use cut-price on beer which, attract people to buy the commodity. This scenario or should I simply economically the brewing companies would survive as they are assured of more sales though this is indirect business. However there have been little growth in consumption of alcohol or in a nutshell a shift in demand to the developing economies such as China and Brazil. This requires that the brewing industry in Europe should move its investments to overseas markets. Social Factor: Discouragement of binge-drinking affects some people socially as they are denied happiness that comes with alcohol consumption. Furthermore the highly publicized issues of alcohol effects on Health and fitness cause consumption levels to go down. Due to such awareness people chose to socialize without taking any alcohol in some set ups. Technology: I note from the case the due technological advancement has led to the introduction of new products tailored to peoples tastes such as fruit flavored beers and extra cool lagers. In European brewing industry, it is the technology that makes the products attractive as labeling on packages communicates how good the beers on sales may be and also changes to packaging styles is made easy with technology. It is also clear in the case that there have been economies of scale in brewing and distribution of alcoholic beverages as machineries as readily available due to advancement in technology in Europe. Environment: As stated above the Government’s regulations toward environmental protection affect the brewing industry in the European markets either positively or negatively as they have to change packaging to the preferred bottles than cans. The aim is to sustain the environment hence even consumers are always conscious of such laws as they buy beers. Legal factors: My analysis is that the Brewing Industry in Europe is affected negatively as there are laws to curb binge drinking and drunken driving. I have noted that brewing companies have had low sales a result as people are required to buy their products from chain stores and consume it from homes instead of social clubs or pubs. My conclusion after carrying out the PESTEL analysis is that the Brewing Industry in Europe has potential to grow as there are well established companies that able to merge with other organasations either overseas or locally. Also most brands are well known world over hence able to survive any effects that may impact them negatively due to PESTEL factors. (ii) FIVE FORCE ANALYSIS Threat of New Entrants: The threats of new entrants is low in the European markets due to the following reasons campaigns by governments to curb drunken driving and strong awareness about the effects of alcohol on people’s health makes the business an attractive. It is also a known fact that in areas where there are business leaders who are well established it is difficult for the new entrants to survive as customers switching costs maybe very high. Also the high packaging costs for the product makes it unpredictable as to whether the new entrant will be able to survive. Also the switching cost of customers may be high due to ready established relations and confidence that customers have in some existing brands. Further the upcoming economies such as China or Ukraine makes it very unattractive to establish such a business in Europe as there could less business opportunities. Threats of Substitutes: The threat of substitutes is very high. This is because raw materials are readily available such as barely and other fruits, therefore very is for any orgsanisation to come up a product that my act as substitute. Further Water Industry is taking its shape such that they are now supplying bottled water. This acts as substitute to quench someone’s thirsty, considering that there campaigns for health living and people are now avoiding alcohol to keep fit. Also Laws that govern drunken driving compel customers more especially motorists to take water as a substitute instead of Beers. Moreover due to technological advancement it is very easy to produce substitute products such as Juices that may be appealing to consumers and such is obtaining in the European Markets as these can be consumed in clubs and Pubs. Lastly the move to high consumption of wines in the United Kingdom than usual beers makes it very clear that the threats of substitutes are high. Supplier’s Bargaining Power: It is clear that the suppliers bargaining power is high. For example it noted that the Packaging industry is highly concentrated in Europe and is dominated by international organizations, as such there are no substitutes to packaging hence suppliers of such materials are on the advantageous side. In addition suppliers are on good side in Europe due to the fact that production costs in the Brewing Industry are there is need treat the supplier’s well in order to operate effectively and efficiently. This gives supplier high bargaining power. Buyer’s Bargaining Power: I can simply say buyers are consumers of the products under discussion. In this context their bargaining power is very. This is because they have a wide choice of such products, this means they able to choose which brand or change at any time. Since there are a lot of substitutes available the switching costs are low hence no impact on them. Further customers would survive whether they consume the product or not. They choose when to buy and when not to, this mean that there is no concentration of buyers. Hence their bargaining power is low. Competitive Rivalry: The competition in this industry in the European Market is high. This is due to the fact that consumption levels have been reducing hence all producers have to sell their products to a reduced number of customers. Furthermore there are a lot of new brands arising from emerging markets such as fruit flavored and other exotic beers from international markets. What make competition much high are the distribution channels. The beers are distributed through supermarkets and it’s up to the brewing companies to do a lot of advertising in order to catch the consumer’s eye while shopping in supermarkets. In my conclusion I have noticed the Brewing Business in Europe is very ugly for the new entrants. It is therefore incumbent upon the existing companies to take up survival strategies such merging with others or acquisitioning of shares in the emerging markets such as Russia, China and Baltic Countries. They should also endeavor to re-brand themselves and try to enter other international markets such as Africa where customers are easily attracted to beers from overseas and there are less entry barriers. 2.Impact of trends on the four companies (a)Heineken in Netherlands: This company is named the biggest in European Beer Industry. However in order to survive the flooded market its target is to go in to international markets and use the local companies that they may acquire to introduce their beer. Transferring of Knowledge and technology is another way it aims to strengthen its new markets. The impact is that this company would grow they take up survival measures in the manner outlined above. (b)It’s strength : It holds five percent of sales in Asia-Pacific and 17% in Americas this puts in a good position when it comes to business share in a market where there is high competition. Heineken is better placed in terms of strength has it is the producer of worldly known brands such Heineken and Amstel. Due to family controlled aspect it becomes stable and independent in terms of business growth even in international markets. Economies of scale gives makes it strong considering that brewing is costly in Europe and in a nutshell it is secondary to non in brewing industry in Europe hence claims its strength in these area. Form the case I have deduced that the other strength is that they have a vision or simply where they want to be regardless of the competition industry where they operate from. I also noticed that another strength that Heineken has, is financial capacity to implement new projects as fast as possible as funding is always available for such. Heineken’s Weaknesses: Firstly weakness that, I have picked that they are unable to be innovative due family controlled. This means they may lack new ideas as the family may always influence decision making to suit their investments thus may be compelled to do things in the same manner hence lagging behind. This may result in non existence of new product development in the organization. A high price of Packaging Materials is another weakness at Heineken. They have no control or other sources for such materials this more reason why they complained of 11% price escalation. (ii)Grolsch (The Netherlands) (a)The impact if these existing business trends will cause Grolsh to push for mergers with other international organizations as it commands other brands such as US Miller and flavored beers such as grapefruit. It is also clear that it may require channeling much of resources to branding and innovation since that’s its strategy in line to survive. They believe that better looking product will attract a lot of business such green bottles and swing tops. (b) It’s Strength and Weakness One of its strength is long existence. It is on record that it was established in 1615 hence experienced hence may attract customer royalty as issues of closure may not easily arise. It has further embarked on centralization hence increase in terms of production volume which results in reduced cost. Grolsch also supplies variety of products this is strength as it gives it competitive advantage in the market in which it operates. Furthermore the other strength is its innovation in order to achieve its strategy. It’s Weakness Though its brewery is centralized it is single, thus pose a high risk in that in case of any challenges there can be no production at all. It also lacks financial muscle for example in 2005 when their colleagues Heineken made amassed 11.8 billion British Pounds Grolsch’s income from sales was only 313 Million Pounds hence very easy to fold. (iii)InBEv (Belgium/Brazil) (a)Impact of these trends: Even though InBev is the largest brewer in the world with a huge financial power it cannot survive with the existing trends in European markets. How can it survive? For it to stay alive it should strive to acquire other well established companies in the world. Since the world is more global now its strategy should be to built more global brands and increase it efficiency via purchasing and technology. The trends have impacted positively on InBev has it now sets its direction to growth through the above. (b) InBev’s Strengths The first strength is that it is the largest in the world; it is ranked either number one or two in about twenty lands. It has a sound financial position hence able to establish businesses anywhere in the world. In addition InBev is already established in emerging markets such as Chine and Brazil though acquisitions. It has well known brands such Beck’s and Stella Artois InBev’s Weaknesses Lack of analysis before acquiring other companies, for example it acquired a certain company whose brands were declining in terms sales, such acquisitions may turn out to be loses. (iv)Scottish and Newcastle (UK) (a)Impact of trends on the organization: Due to the business trends Scottish and Newcastle should be able to a lot of acquisitions in the UK being the market in which it operates; this would act as a point of growth. In line to gain competitive advantage the changing trends has pushed this company to invest in the fast growing markets such as Baltic Beverages where it has put fifty percent and China in CBC twenty Percent. (b) Scottish and Newcastle’s Strengths: It gains its strength by possessing strong brands such as John Smith, Baltika and Fosters. The strength are also drawn from its investments in fast growing economies such as China and Baltic nations, this may result in profitability regardless on competition in Europe. They are also market leaders in France, the United Kingdom and Russia as observed this is a very good strength for Scottish and New castle as competitive advantage is not easily achievable in these areas. It’s Weaknesses: Scottish and Newcastle’s financial position is not adequate for the high completion it is exposed to in this industry. My conclusion in to this assignment is that the Brewing Industry in the European Markets is highly competitive hence the need for companies to be innovative them to survive. There is also need for bigger companies to adopt strategies of acquisitioning of small ones so that they may expand their brands. Companies in this industry also need to spread their web to other countries if they are to gain competitive advantage. Bibliography HUNGER DJ/WHEELER TL (5th ed) (1992) Essentials of Strategic Management Global Forces. Online available from: www.opp.com. [Accessed 13 September 2012] 3H Strategy and international business. Online available from: www.dur.ac.uk. [Accessed 13 September 2012]