Law of Sale of Goods (Part I)

Topic 12 1. 2. 3. 4. 5. Law of Sale of Goods (Part I) LEARNING OUTCOMES By the end of this topic, you should be able to: Define the meaning of goods; Describe the classification of goods; Differentiate a contract of sale and an agreement to sell; Explain the implied terms in a contract of sale of goods; and Identify the importance of transfer of property in the goods. INTRODUCTION The Sale of Goods Act 1957 (Revised 1989) is the statute applicable to sale of goods in Peninsular Malaysia.For Sabah and Sarawak, the law of sale of goods is governed by Section 5(2) of the Civil Law Act 1956. It provides that: „The law to be administered shall be the same as would be administered in England in the like case at the corresponding period. †° In effect, Sabah and Sarawak continue to apply principles of English law relating to the sale of goods. The Sale of Goods Act 1957 was enacted based on the English Sale of Goods Act 1893 (which was replaced by the Sale of Goods Act 1979).The S ale of Goods Act 1957 applies to contracts for the sale of all types of goods including second-hand goods, and to commercial and private sales, wholesale and retail. The general law of contract will continue to apply to contracts for the sale of goods as Section 3 of the Sale of Goods Act 1957 expressly provides for the continual application to contracts for the sale of goods of the 198 TOPIC 12 LAW OF SALE OF GOODS (PART I) provisions of the Contracts Act 1950 „in so far as they are not inconsistent with the express provision of this Act†°. 12. 1 DEFINITION OF GOODSGoods under Section 2 of the Sale of Goods Act, 1957 means „every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass, and things attached to or forming part of the land which agreed to be severed before sale or under the contract of sale. †° In Section 6 of the Sale of Goods Act 1957, goods which form the subject of a contract of sale may be either existing goods or future goods. Existing goods are goods already owned or possessed by the seller and may comprise specific or unascertained goods.Goods are specific if they are identified and agreed upon at the time a contract of sale is made. Unascertained goods are goods not identified and agreed upon at the time a contract of sale is made. Ascertained goods are those unascertained goods which have been identified and appropriated to the contract after the contract has been made. Future goods consist of goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. 12. 2 CONTRACT OF SALE A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration.Section 4(1) of the Sale of Goods Act 1957 defines a contract of sale of goods as: „A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. †° A contract of sale includes a sale and an agreement to sell. What is the difference between a sale and an agreement to sell? According to Section 4(3) of the Sale of Goods Act 1957: „Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of theTOPIC 12 LAW OF SALE OF GOODS (PART I) 199 property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. †° Under Section 4(4): „An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. †° The above provisions distinguished a sale from an agreement to sell in terms of ownership or „the property in the goods†°.A contract is a sale when the ownership or the property in the goods passes to the buyer and it is an agreement to sell where the transfer of the pr operty in the goods is to take place at a future time or subject to some condition to be fulfilled. An ownership must also be distinguished from possession. A person who possesses certain goods may not be the owner of the goods. Alternately, an owner of certain goods may not have the goods in his possession. In an agreement to sell, the goods still belong to the seller. Consequently, if the buyer breaches an agreement to sell, the seller may sue for unliquidated damages.If the seller breaches an agreement to sell, the buyer has only a personal remedy for damages against the seller. Whereas in a sale, if the buyer fails to pay, the seller can sue for the contract price because ownership has passed to the buyer. 12. 3 TERM OF CONTRACT The conditions and warranties in contract of sale of goods are provided in Section 12 of the Sale of Goods Act 1957. A condition under Section 12(2) is: „A stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. †° 200 TOPIC 12 LAW OF SALE OF GOODS (PART I)A warranty under Section 12(3) is: „A stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated. †° According to Section 12(4): „Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. The stipulation may be a condition, though called a warranty in the contract. †° There are circumstances which permit the buyer to treat a breach of condition as a breach of warranty, as provided in Section 13(1) of the Sale of Goods Act 1957.It provides that: „Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating th e contract as repudiated. †° However, under Section 13(2), where a contract is not severable and the buyer has accepted the goods or part thereof, the breach of condition must be treated as a breach of warranty. Similarly, in a case where the contract is for specific goods and the property has passed to the buyer.Therefore, the buyer cannot reject the goods and repudiate the contract. 12. 4 IMPLIED TERMS Implied terms are those conditions and warranties implied by the statute into particular contracts. The terms, though not expressly found in the contract, are generally accepted incidents of the contract and therefore imported by the courts. The kind of terms implied by statute for the contract of sale of goods are the conditions and warranties provided under the Sale of Goods Act 1957. These conditions and warranties implied in a contract of sale of goods ind the contracting parties, the buyer and the seller. However, according to Section 62 of the Sale of Goods Act 1957: â₠¬Å¾This right, duty or liability that would arise under a contract of sale by implication of law may be negatived or varied by express agreement or by the course of dealings between the parties, or by usage, if the usage is to bind both parties to the contract. †° This means the parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 201 12. . 1 Title Section 14 of the Sale of Goods Act 1957 provides the implied undertaking as to title in a contract of sale. According to the provision, „unless the circumstances of the contract indicate a different intention, there is: (a) An implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. An implied warranty that the buyer shall have and enjoy qu iet possession of the goods.An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made. †° (b) (c) A breach of condition entitles the buyer to treat the contract as repudiated and recover the price in full even though he has used the goods. This is because the buyer pays the price of the goods in order to enjoy the ownership as well as the use of the goods. In the case of Rowland v Divall [1923] 2 KB 500, the plaintiff bought a car from the defendant.After using the car for four months, the plaintiff discovered that it was a stolen car and he had to return it to the true owner. The Court of Appeal held that the defendant had breached the condition as to title and the plaintiff could recover the full price because of total failure of consideration. 12. 4. 2 Sale of Goods by Description The rule relating to sale of goods by description is provided in Section 15 of the Sale of Goods Act 1957. It provides that: „Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. 202 TOPIC 12 LAW OF SALE OF GOODS (PART I) In addition, „If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. †° Sale of goods by description covers all cases where the buyer has not seen the goods but is relying on the description alone, for example, goods ordered from a catalogue or if ordered over the counter, by a trade name. Thus, it includes all contracts for the sale of unascertained goods and sale of specific goods which the buyer has not seen prior to the contract.In the case of Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67, previous contracts between the parties for the sale of flour had been sold in bags bearing a well-known trade mark. Further flour was ordered, described as „the same as our previous contract†°. Flour identical in quality was delivered but it did not bear the same well-known trade mark. It was held that it did not comply with the description. In another case of Beale v. Taylor [1967] 1 WLR 1193, the seller advertised a car as „Herald Convertible, white, 1961, twin carb «Ã¢â‚¬ °.The buyer saw the car before he agreed to buy. Later, he discovered that the rear of the car was part of a 1961 Herald Convertible while the front half was part of an earlier model. It was held that he was entitled to claim damages for breach of the condition. In the case of Moore & Co v. Landauer & Co [1921] 2 KB 519, the buyers were entitled to reject the goods because half of the cases contained only 24 tins, even though the total quantity was met. The contract was for 3100 cases of Australian canned fruit packed „30 tins to case†°. 2. 4. 3 Fitne ss for Purpose and Merchantable Quality Section 16 of the Sale of Goods Act 1957 provides that there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except in the following situations: TOPIC 12 LAW OF SALE OF GOODS (PART I) 203 Goods must be reasonably fit for the purpose for which the buyer wants them (Section 16(1)(a)); or Goods must be of merchantable quality (Section 16(1)(b)). (a) Goods must be reasonably fit for the buyerEs purpose. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellerEs skill or judgement, and the goods are of a description which is in the course of the sellerEs business to supply (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose. †° But in the case of a cont ract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose.The buyer may invoke Section 16(1)(a) if he makes known to the seller the particular purpose for which he acquires the goods and the buyer is relying on the sellerEs skill and judgement. The goods must also be a description which is in the course of the sellerEs business to supply and if the goods are specific, they must be bought under their trade name or patent. The above requirements are explained in the following cases: In Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685, a woman with an abnormally sensitive skin bought a Harris Tweed coat without disclosing to the seller about her abnormality.She could not claim under this section because the coat would not harm a normal person. Thus, the buyer must clearly indicate the special purpose for which the goods are to be used. Otherwise, there is no breach of the implied condition if the goods are suitable for their general and normal purpose. If the description of the goods is only for one purpose, then it requires no further indication. For example, a hot water bottle is meant to contain hot boiling water; if it breaks upon filling of hot water, then it is not fit for its purpose. 204 TOPIC 12LAW OF SALE OF GOODS (PART I) In the case of Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402, there was a contract by A to build a propeller for B in accordance with BEs specification and to fit a particular ship and its engine. The propeller supplied complied with the specification and design but did not suit the shipEs engine. A was held liable for breach of an implied condition since the buyer had informed the seller of the purpose for which he needed the goods and relied on the sellerEs skill and judgement to provide them. In Baldry v.Marshall [1925] 1 KB 260, the buyer asked the dealer for a car suitable for touring and the dealer recommended a Bugatti car. A contract for the sale of the car was made. Later, the buyer found that the car was unsuitable for touring. The Court of Appeal held that the dealer was liable because the buyer had relied on the dealerEs judgement in selecting a suitable car for the specific purpose stated by the buyer (even though the car was bought under its trade name). Hence, if the buyer purchases goods under its trade name but at the same time relies on the sellerEs recommendation, it means the buyer is still relying on the sellerEs skill.But if the buyer purchases specific goods under a trade name and gives the impression that he is not relying on the sellerEs skill, then he cannot claim under this section. (b) Goods must be of merchantable quality „Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality. †° However, „If the buyer has examined the goods, there shall be no implied condition as regards defects, which such examination ought to have revealed. „Merchantable quality†° means the goods are fit for the particular use in which they were sold. Therefore, if they are defective for their purpose, they are considered unmerchantable. TOPIC 12 LAW OF SALE OF GOODS (PART I) 205 For implied condition as to merchantable quality, the buyer need not make known to the seller the particular purpose for which he requires the goods. The section only requires the goods to be bought by description and bought from a seller dealing with the goods of that description. Where goods are old under their trade name, the implied condition as to merchantable quality is applicable although the implied condition as to fitness is excluded. In Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868, fuel by its trade name ACoaliteE was ordered from a fuel merchant. The consignment was contaminated in that a detonator was embedded in the coal, resulting in an explosion in the fire-place when used. The Court held that the consignment as a whole was unmerchantable, having defects making it unfit for burning.In the proviso to Section 16(1)(b), the implied condition does not apply „where the buyer has examined the goods as regards defects which such examination ought to have revealed. †° This means if the buyer has conducted some examination before or at the time of the contract, the buyer cannot later complain about the defects which would be revealed by a proper examination. In the case of Thornett & Fehr v. Beers & Sons [1913] 1 KB 486, the buyer had conducted a superficial look at the outside of some barrel of glue. It was held that there was an examination and thus the implied condition as to merchantable quality did not apply. 2. 4. 4 Sale by Sample Section 17 of the Sale of Goods Act 1957 provides that „in a contract for the sale of goods by sample, there is an implied condition: (a) (b) That the bulk shall correspond with the sample in quality; That the buyer shall have reasonable opportunity of comparing the bulk with the sample; and 206 TOPIC 12 LAW OF SALE OF GOODS (PART I) (c) That the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. The three conditions above are independent of one another.If the bulk corresponds with the sample but there is a latent defect rendering the goods unmerchantable, the buyer is still entitled to reject them. In the case of Drummond v. Van Ingen (1887) 12 App. Cas. 284, the cloth supplied by the seller was equal to sample previously examined but because of a latent defect not discoverable by a reasonable examination, the Court found the seller in breach of the condition. SELF-CHECK 12. 1 1. What is the meaning of existing goods, future goods, specific goods and unascertained goods? Provide examples in your explanation. What is the difference between a sale and an agreement to sell?What are the kind of implied conditions and warranties incorporated in a contract of sale of goods? What is the effect of breach of implied condition and warranty in a contract of sale of goods? Can the party to the contract of sale of goods exclude the implied terms? 2. 3. 4. 5. TOPIC 12 LAW OF SALE OF GOODS (PART I) 207 ACTIVITY 12. 1 Discuss the following questions: (a) Michael and his wife Betty, were busy shopping for new furniture for their new house. Three days before moving, they visited a furniture shop Antique Design. Betty was very interested in a sofa set from Italy worth RM15,000.The set was made from soft leather, brown in colour and consist of one coffee table, and they agreed to buy the set. Both the husband and wife also agreed to buy a double bed for their daughters. Michael informed the seller that he wanted a double bed made from good quality wood. The seller assured Michael that he would meet Michael Es request, as he was an expert and experienced in selling furniture. After payment, the seller promised to deliver the furniture on the day that they were supposed to move into their new house. Michael and Betty also went to Cool Air-Cond, a shop selling air conditioners.The seller managed to attract Michael to buy a portable air-conditioner at the price of RM2,000, with a guarantee that the air conditioner could be used for the next five years without any problem. After checking the goods and satisfied with their condition, Michael made a payment. The seller promised to deliver the air conditioner on the day they move to the new house. On the day of moving, all of the goods ordered by Michael and Betty were delivered. Nevertheless, they were disappointed to see that the sofa set that was delivered was not brown and did not include the coffee table and that the double bed ordered was not of good quality wood.Meanwhile, the portable air conditioner that Michael bought produced a str ong noise when it was switched on. Michael and Betty were very disappointed with what had happened and seek your legal advice on what action can be taken on the sellers of the goods. B placed an advertisement in a local newspaper offering for sale, a second-hand car at RM40,000 o. n. o. The car was described as „Toyota, late 2000†° model. Q responded by offering to buy the car at RM37,000. The offer was accepted by B.After driving the car for almost three months, Q discovered that only the body of the car was of „late 2000†° model while the engine was from a much earlier model. Q now wishes to rescind the contract and seeks your advice on the matter. Advise Q on her rights under the Sale of Goods Act 1957. (b) (c) 208 TOPIC 12 LAW OF SALE OF GOODS (PART I) (d) Sally, a contestant in one of the top reality shows in TVReality was preparing for the final contest to become the winner for the new season 2008. Sally engaged a professional tailor to sew the dress suit able for the contest.Sally consulted Robin, a well-known fashion designer in town, on the choice of fabric for the dress because she had sensitive skin and was allergic to certain types of fabric. Sally paid RM3,000 for the cost of the dress. After the contest, Sally discovered red spots on her skin. She went to see the doctor and was told that her skin was sensitive to the fabric used for the dress that she had worn for the contest. Sally went to see Robin and returned the dress because the fabric used for the dress was not fit for the purpose she made known to Robin and caused her skin complaint.Sally also claimed for the refund of the cost of the dress from Robin and the medical expenses incurred by her. Decide whether Sally could claim for the refund of her money from Robin as well as the cost for her medical expenses. 12. 5 TRANSFER OF PROPERTY IN THE GOODS AND RISK Property in the goods means title or ownership. The transfer of property in the goods is very important because i t determines the risk. As a general rule, the risk passes when the property in the goods passes (notwithstanding whether delivery has been made). Thus, the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer.When the title or ownership is transferred to the buyer, then the goods are at the buyerEs risk. According to Section 26 of the Sale of Goods Act 1957: „Unless otherwise agreed, the goods remain at the sellerEs risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyerEs risk whether delivery has been made or not: Provided that where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. TOPIC 12 LAW OF SALE OF GOODS (PART I) 209 This means, if delivery has been delayed through the fault of either party, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. 12. 5. 1 Effects of the Contract Since the risk passes when the property in the goods passes, is it essential to know when the title passes. Under the Sale of Goods Act 1957, Section 18 to 23 provide certain rules that determine the time when property in the goods passes to the buyer. a) Sale of unascertained goods Under Section 18 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Sale of specific or ascertained goods Under Section 19 of the Sale of Goods Act 1957, where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. Thus, the general rule is that title passes when the parties to a contract of sale intend it to pass.Unless a different intention appears, the following rules are the rules for ascertaining the intention of the parties as to the time of passing of property in the goods. (c) Specific goods in a deliverable state Under Section 20 of the Sale of Goods Act 1957, where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made. It is immaterial whether the time of payment of the price or the time of delivery of the goods is postponed. For example, A agrees to buy a specific book entitled „Business Law†° on credit.The title in the book passes to A on the sale even though the payment is postponed. (d) Specific goods to be put into a deliverable state Under Section 21 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods and the seller is bound to do something to the (b) 210 TOPIC 12 LAW OF SALE OF GOODS (PART I) goods fo r the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof. For example, A agrees to sell a specific computer to B and promises to install the specific software in the disk.The ownership in the computer does not pass to B until A installs the specific software as promised and B must know about the fact that A has done the installation. (e) Specific goods in a deliverable state when the seller has to do anything thereto in order to ascertain price Under Section 22 of the Sale of Goods Act 1957, where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.For example, A agrees to sell to B all the flour contained in a specific sack for RM3 per kil ogram. The title does not pass to B until A weighs the flour and B knows that the flour has been weighed. (f) Sale of unascertained goods and appropriation Under Section 23 of the Sale of Goods Act 1957, where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer.The assent may be expressed or implied and may be given either before or after the appropriation is made. A contract for the sale of unascertained goods is an agreement to sell and not a sale. Future goods mean goods to be manufactured or produced or acquired by the seller after the making of the contract of sale. „Unconditionally appropriated to the contract†° in the provision above means a clear act showing the intention to ident ify certain goods as attached to the contract and without any condition.The duty to appropriate may be placed on the buyer or the seller. Appropriation may involve the act of selecting, separating or weighing from a bulk by the buyer or the seller, and it must be approved by the other party. The appropriation must be unconditional and it should pass property in the goods without further requirements (such as payment or price). Further, Section 23(2) of the Sale of Goods Act 1957 provides that where (in pursuance of the contract) the seller delivers the goods to the buyer or to a TOPIC 12 LAW OF SALE OF GOODS (PART I) 211 arrier or other bailee for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. The effect is that property in the goods passes to the buyer at the time when the goods are handed over to a carrier (for example, a transportation company such as shipping, truc king or railway). The carrier is the buyerEs agent for the purpose of delivery. But if the carrier is the agent of the seller, then property in the goods will not pass until the goods are actually delivered to the buyer. g) Goods sent on approval or „on sale or return†° Under Section 24 of the Sale of Goods Act 1957, when goods are delivered to the buyer on approval or „on sale or return†°, or other similar terms, the property in the goods passes to the buyer: (i) when the buyer signifies his approval or acceptance to the seller or does any other act adopting the transaction; or if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. ii) Under the second situation above, if a time is fixed for the return of the goods, then property in the g oods passes upon the expiration of the time. But if no time is fixed, property in the goods passes upon the expiration of a reasonable time. SELF-CHECK 12. 2 1. 2. 3. 4. 5. 6. What is the meaning of property in the goods? What is the significance of the transfer of title or ownership in the goods? When does the risk pass to the buyer in a contract of sale of goods? How would you determine the time when the property in the goods passes to the buyer?When is the property in the goods transferred to the buyer in a contract for sale of unascertained goods? When is the title or ownership transferred to the buyer in a contract for sale of a specific or ascertained goods? 212 TOPIC 12 LAW OF SALE OF GOODS (PART I) ACTIVITY 12. 2 Discuss the following question: 500 tonne metric of flour belonging to a vendor were stored in a godown belonging to Mr. Isaac. The vendor sold 200 tonne metric of the flour to Mr Hans and gave him a delivery order addressed to Mr Isaac.When Mr HansE carrier arrived at the godown, Mr Isaac had already set aside the 200 tonne metric of the flour. The carrier handed the delivery order to Mr Isaac who gave instructions for loading to commence. Before the loading could commence, Mr IsaacEs godown caught by fire and it destroyed the whole stock of the flour. Discuss when did the property in the goods pass and who shall bear the loss. A contract of sale is the transfer of ownership of the goods to the buyer for a money consideration. Where the property in the goods is transferred from the seller to the buyer, the contract is called a sale.Where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. What distinguishes a sale from an agreement to sell is in terms of ownership or „the property in the goods†°. A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a r ight to treat the contract as repudiated. A warranty is a stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated.The conditions and warranties implied in a contract of sale of goods bind the contracting parties, the buyer and the seller. The parties to a contract of sale may exclude the implied terms by the express agreement or by previous dealings or by usage. TOPIC 12 LAW OF SALE OF GOODS (PART I) 213 In a contract of sale of goods, there are implied conditions as regards to title, description, sample, fitness for particular purpose and merchantable quality.Unless the circumstances of the contract indicate a different intention, there is an implied condition on the part of the seller that in the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property or ownership is to pass. There is an implied warranty that the buyer shall have and enjoy quiet possession of the goods and that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contact is made.The risk passes when the property in the goods passes, thus the goods will remain at the sellerEs risk until the property in the goods is transferred to the buyer. Agreement to sell Fitness for purpose Implied terms Merchantable quality Property in goods Sample Title Sale of goods Transfer of title Text Books: Harlina Mohamed On & Rozanah Ab. Rahman. (2007). Undang-Undang Perniagaan Malaysia. Selangor: Kumpulan Usahawan Muslim Sdn. Bhd. Wu M. A. & Vohrah B. (2000). The Commercial Law of Malaysia (2nd Ed. ). Selangor: Pearson and Longman. Cases:Baldry v. Marshall [1925] 1 KB 260. Beale v. Taylor [1967] 1 WLR 1193. Cammell Laird & Co v. Manganese Bronz and Brass Co Ltd [1934] AC 402. Drummond v . Van Ingen (1887) 12 App. Cas. 284. 214 TOPIC 12 LAW OF SALE OF GOODS (PART I) Griffiths v. Peter Conway Ltd. [1939] 1 All ER 685. Moore & Co v. Landauer & Co [1921] 2 KB 519. Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd (1911) 12 SSLR 67. Rowland v Divall [1923] 2 KB 500. Thornett & Fehr v. Beers & Sons [1913] 1 KB 486. Wilson v. Ricket, Cockerall & Co. Ltd [1954] 1 All ER 868.

Reforms by the United Kingdom

The delivery of public services has always been directly connected with the stability of a country’s economy. The more stable the economy, the better the public services. In recent years, as the world slowly adjusted to the rise of global markets, many countries began transforming their public sector management (Hughes 2003).Today, management of public services is more flexible and market-based. It has moved from public administration to New Public Management (Hughes 2003). With this paradigm shift comes a shift in the role of government in society. It also redefines the relationship between government and its citizenry.Together with this new orientation of public service management is the need for reforms in the whole structure. These reforms are required to strengthen services in protection, education, recreation and care (Flynn 2002). The stronger economies of the world have taken steps towards these reforms. The United Kingdom is one of these stronger economies that have p rogressively taken the initiative for public service reforms.Major public service reforms began in the United Kingdom (UK) in the 1980’s under the Thatcher government (Hughes 2003). The following pages will try to explain the different reforms in UK’s public service management. It will address the bigger issues that surround it. It will identify the unique qualities of the UK reform programme and present the advantages they may achieve. Through these inferences, a more objective and balanced view of UK’s reform programme will be achieved.Response to the UK Public Sector ReformsThe United Kingdom’s initiative to reform their public service programme is mainly due to fitting of the services with the changing demands of the times. The rise of living standards, coupled with the growing diversity of citizenry calls for the change in public services (Prime Minister’s Office 2002).In the 1980’s, under the leadership of then PM Margaret Thatcher, th e first major steps to public reforms were taken. At the center of these reforms is the wide-spread initiative to privatize services (Flynn 2002). Towards the end of the decade, management of basic services, gas, water and electricity, were transferred under private control (Flynn 2002). Apart from these, four other major government controlled corporations also were given up to private enterprises.Privatization was not the only way to reform public service management. Soon after the turn-over of basic services to private control the central government and the National Health Services began outsourcing many of their functions and services.In 1997 however, under the leadership of PM Tony Blair, a new campaign was launched to further reform the public service management. Public services were believed to have been suffering from under-funding (Prime Minister’s Office 2002).However a strong economy is essential for the reforms. The Blair administration then began working on buildi ng a stronger, more stable economy.The ultimate objective of the 1997 reforms is to provide everyone with real opportunity and security (Prime Minister’s Office 2002). In three years time, the UK finally experienced a sort of rebirth within the public services. In 2000, health services and education have never been better. Reform plans did not end here. Long-term goals to uplift standards in the areas of transport, education, criminal justice system and health were designed.The road to these reforms has been tough. The setbacks and controversies are inevitable. There needs to be a genuine partnership between the government and people in the front line. The desire for reforms has propelled public service in the forefront of many political and social debates (Darwall 2005).One of the biggest concerns with the current reform programme lies in policy and communication confusion (Wintour, 2007). The government is clear with its vision for reforms. However, it does not provide a co herent framework for action (Darwall 2005). While the reforms are meant to increase efficiency, the citizens do not feel this happening.Modernized civil service is actually the consistent delivery of better services and getting the best value for public funds (Darwall 2005). The question lies on accountability for the use of these public funds. The UK’s public service history shows that bad decisions made create obligations and consequences across generations.Debates arise because of this very reason. While one group sees the necessity of spending to provide better public services, the other fears that much spending may not necessarily increase the level of efficiency in delivering these services (Douglas, Richardson, and Dobson 2003).The reforms brought about the founding of different agencies (Armstrong and Ford, 2000) to handle such use of public funds. However there is growing concern about the qualifications of people managing these agencies. Public servants are not nece ssarily managers. Improvement of efficiency requires a great deal of management (Darwall 2005). Even the best policies can easily crumble in the hands of those who are not fit to handle them.The growing impression about these newly established agencies then is that they do not do not speed up delivery of services. On the contrary, these agencies, while under the supervision of less experienced managers, slow down the process of public service.In fact the popular notion about these agencies is that they rather make collaboration and cooperation more difficult. The formation of these agencies is one of the most debated issues concerning the reforms.Ethical issues are also being raised against the reforms. The shift of public service towards a market based orientation makes the definition of boundaries between what is public and what is private more difficult (Public Administration Select Committee 2002).Interface between public sector and private enterprise is becoming more evident. P rivate businesses are becoming more involved in providing public services. More and more then, ethical concerns are raised.There is growing clamor to cultivate and strengthen the ethical considerations in public service management. It is important to ensure that ethics are not lost or put aside, especially at a time when services are being delivered in new ways by new providers (Public Administration Select Committee 2002).In public service there should always be a way to check impartiality, accountability, trust, equity and probity. This is the key to keeping the ethical considerations in public service management whilst implementing its reforms.From the time of PM Thatcher in the 1980’s to the reform programme of PM Blair in 1997, the UK public sector has underwent alterations both in policy and implementation. However caution has been taken. Reforms have been worked on reforms slowly. Unrestrained expansion usually results in policy failure (Lane 1993). Both the government and its citizenry agree.There is no doubt that reforms are a welcome idea for everyone. The promise of better services being delivered more efficiently and consistently can be actualized (Public Administration Select Committee 2002). The government is confident about their plan. The have laid down the strategies to achieve them. Even then, the citizenry is skeptical. There are many issues surrounding these reforms.The government admits there are hurdles along the way of reforms. The journey towards better services is long and hard. But the government has a strategy. It addresses the questions of improving national standards, devolution of responsibility, increasing flexibility and providing better choices (Prime Minister’s Office 2002).The citizens are waiting patiently. So far, reforms have been implemented but the issues still remain. Somehow the general impression is that the strategies set by government are not being translated into actual action (Public Administration S elect Committee 2002).Some improvement in the areas of education and health has been achieved. The question is, is it enough to address the growing demands of society?The citizenry of UK sees very little results from the reforms. They seem to pale in comparison with the growing demands of an ever evolving society. Successful reforms are transformational. This only means that the impact of these reforms should be strong enough to affect all areas of life.Unique Qualities of UK Public Sector Reforms  While the UK’s reforms remains heavily debated and scrutinized, there is no doubt that it is one of the most dynamic. In public service history, the UK programme has been one of the most studied. Many parallelisms have been made on the reforms. Many other similar programmes have been initiated based on its working history.The reforms are based on the three important E’s in public service management. They are economy, efficiency, and effectiveness. This is one unique charac teristic of the UK programme.The wide-spread privatization instituted by the Thatcher administration applied this premise (Flynn 2002) in all the transactions. Before the Cable and Wireless turn-over in 1981, a comprehensive study on its advantages was conducted to prove its viability under these three considerations.Apart from this unique way of assessing possible changes in servicing, the programme has proven to be very resilient. It has withstood challenge in the past. And it continues to withstand challenges today. Even the strongest challenge against its agenda control and policy review (Parsons 1995) could not deter the progression of its reforms.In fact it is this very same resiliency that brought about a big improvement in health care. The persistence in the area of health reforms provided increase in health care workers by at least 40,000 in seven years.There are two working concepts of the UK Public Sector Reform Programme, the â€Å"best value review† and â€Å"co mprehensive performance assessment† (Harris, 2003). These two working concepts provide a basis for check and balance of the reforms.This is unique to the programme. It also sets the tone on how reforms should be made. The UK government works very closely with organizations like Reform to objectively assess the veracity of the reforms. It is through studies conducted by organizations like Reform that insures that equity and environmental impact are not overlooked in the formulation of reforms.

Learning and Advertisement Essay

Q: 1 Does this advertisement informed me? Yes it does. It is advertisement by TAPAL family mixture. I learned from this add that how we live in our family? And how to do respect others. And also tells the importance of a family and relations that are very important for everyone. This advertisement tells that relations and happiness makes a complete home. This is important for every to know how to make a family and how to live in a family especially for girls this is very knowledgeable advertisement. Q:1 b) What did you get from this advertisement? I know from this advertisement about a happy family and the importance of a complete family. And how they live in a joined family with love and care. This advertisement conveys a message to young generation to do respect the elders. Q:1 c) Where you can apply this awareness? I can apply this awareness at my home, to do the respect of my elders and love with my younger’s, and also take care of my family members. And informed my friends that they should also see this advertisement and learn the lesion that how to make a complete home. Q: 2 Does this advertisement claim anything? Yes it does. It claims that TAPAL family mixture is a complete tea, and makes a complete home or family. That’s why most of people who are emotional they targeted to buy this product. Q: 3 Does this advertisement use pressure selling? Yes it does. Because it targeting the emotions of people. Target our family and inspired specially girls who are married and want to beautiful and complete home. Use some sentences that show pressure selling. Q: 4 Does this advertisement fulfill the criteria of business ethics? Yes it does because the language which used in this advertisement is good, which is not cross the limits, and we see this advertisement with our family members. This advertisement shows the positive impact on people. Overall environment of this advertisement is good and we learn so many things from this advertisement, this advertisement shows our culture and spread a message that how to live in a family, and make a happy family. www. youtube. com/watch? v=ekHv1IY9_Bc.

A life of the Senses Research Paper Example | Topics and Well Written Essays - 1500 words

A life of the Senses - Research Paper Example This research will begin with the statement that throughout history, technology has had indelible impact on the lives of the people and through it; several changes in the way we do things have been realized. For instance, communication has been made possible such that we are able to communicate to those in far-flung areas without necessarily transiting to those places. Away from communication, technology has also enable us to produce goods in a more efficient and faster rate than before, with the increase in the world population, there is high demand for the products, without technology, it would be difficult to satisfy the requirement of the all people without an efficient mechanism through which production can be hastened. It is also important to note that technology has also enabled us acquire knowledge with ease, for instance, the use of Google enables us to get information at the click of the button. These are the benefits that technology as brought to our doorsteps to make life bearable and possible for us, to enable us run errands with ease and communicate issues in a timely manner. Notwithstanding, whereas there are technological advancement that has made our lives easier, there are also some bad effect that technology has brought to us, it is not that advantageous per se. For instance, in his book A life of the Senses, Richard Louv categorically proposed that Google is making us not enjoy nature in the sense that it has created a culture that do not appreciate the value of reading. Most of the people today cannot sustain reading hard copy academic materials for just one hour. This is attributed to the technological advancement that has brought Google, through this mode of getting information, it has been realized that the culture of reading has been fading with time and most of the people no longer considers reading books to be a way of sourcing information. In this doing, to find student reading hard copy materials has become rare, as most of the yout hs prefer technology to enable them get information in a click of a button. The natural reading environment has been pushed to the periphery and no more book are there to read (Goodbody 66). In the contemporary United States, young people have been so engraved in the technology that they have been deflected from getting in touch with nature. The technological advancements experienced in the US are rapidly depriving the young people from enjoying the provision of nature since most of the things they are doing are technology based. There is a strong fear that teenagers in the United States soon will be completely be disconnected from nature if they continue to rely on technology as they do today. In this paper, I have examined the different ways in which technology is affecting the extent through which young people should enjoy nature (Negrotti 43). Overreliance on technological provisions is making the young people to miss associating with nature and there is need that they balance t heir relation between nature and technology. Young people in the US have been deprived nature in the following ways through their skewed interest in the technology used. Using technology, most of the natural things have been enabled in the technology through animations, young people then use this animated or simulated programs to satisfy their quest for the natural system. The use of technology has thus made the youths to lose a lot of natural real time experience of the world by engaging in technology. Take for example tourism, before the onset of technology, there was need for tourism activities where people would go out to have fun in the natural environment, to appreciate the diversity of flora and fauna but with the onset of technology, young people have grown lazier and have no time to visit even parks to see wild animals. Instead, they opt for the movie series to enjoy the natural world as captured and availed in the movies. There are several computer games that has made it p ossible for the young people

Marketing Strategy TOTAL INTEGRATION Essay Example | Topics and Well Written Essays - 2500 words

Marketing Strategy TOTAL INTEGRATION - Essay Example Piercy places great emphasis on the brand identity of the company in integrating marketing and communication campaigns. Total integration involves; Today Primark has established itself as one of the competitive retail store chain in UK, Ireland and Spain with a total of 173 retail outlets at strategic locations. Employing more than 25000 people the company has been in value clothing for well over 35 years and has also been voted as 'Best Value High Street Fashion' by GMTV and ITV viewers1. This study is an effort to look into the practical implementation of the theoretical aspects relating to marketing strategies, HR support, marketing communication, brand equity proposition, strategic alliance etc. which have been instrumental in the success of Primark. To evaluate the strategies adopted by Primark, while using various tools like Porter's five forces analysis, SWOT, PEST, Ansoff Matrix etc. an effort would also be made to compare the performance of Primark with some other retail companies like Topshop, Prada, Asda, Tesco etc. and how Primark has been able to beat the competition. One of the key weapons in the armoury of Primar k has been its ability to come out with items at rates cheaper than the rivals. It will be quite interesting to learn how the company has been able to come out with such lower prices. ... and how Primark has been able to beat the competition. One of the key weapons in the armoury of Primark has been its ability to come out with items at rates cheaper than the rivals. It will be quite interesting to learn how the company has been able to come out with such lower prices. Retail business is at the base of running a retail store, trying to earn the loyalty of customers, while at the same time trying to grab attention of newer customers. Piercy (2001) has also pointed out the desires of many company executives some of the issues as prerequisite towards being more customer friendly. The issues pointed out are like; Value of the product or service in achieving a successful strategy in taking on the competition. This is also concerned with customer relationship management. Mele and Colurci (2006) provide distinctive paradigms for value as such. It is stated that the term 'value' can be defined in different ways according to the adopted perspective of analysis; it is possible to determine a 'customer value', a 'firm value' and a 'stakeholder value'. Online presence of the companies to cater to customers spread across a larger area and keeping in mind the convenience of the customer Total integration of company's resources and capabilities to deliver a product which is able to fulfil the needs of customer. Consideration of effective planning, strategizing and creativity as the key to come out with effective performance. From the strategic planning point of view, competitor analysis is very important for any company's long-term survival (Kotler, 1972). The first step towards such an analysis begins by identifying the strengths and

Employment and Society Essay Example | Topics and Well Written Essays - 2000 words

Employment and Society - Essay Example Employment and workplace have several issues attached to it. Here we will be discussing those issues and solutions for them. Before that we will talk on some topics related to employment. With inflation on the high people are going towards better paying jobs each day. To keep their families intact they have to improve the standards of living and that requires some good money. Employees keep switching jobs whenever they get an opportunity. It can be safely said that money is the key to happiness these days and being employed is the source for money, thus it can be concluded that, employment is the key to happiness. But on the same time seeking employment is not an easy task, especially with the increase of experienced manpower and increase in expectation in terms of money. The problem faced by the organization as a result is the increase in turnover rate. Organizations are finding it difficult to contain their skilled employees. In these circumstances adding to the miseries of the organizations is demand for wage growth. Does a person loves his job or is he just stuck because he doesn't have another option In today's competitive environment the answer most of the time would be the latter. Whatever it may be the person should be fair to the job. People most of the time pose to be happy about their job. ... "To do something well you have to like it. That idea is not exactly novel. We've got it down to four words: "Do what you love." But it's not enough just to tell people that. Doing what you love is complicated." (How to Do What you Love, 2006). The sentences above explain my point of view. It's very difficult to find a job that you love, so compromise is the word for us, the working class. And I don't think compromise is too bad either if its not affecting the outcome of the job. Turnover Dilemma The organizations are finding it difficult to keep their employees intact. The turnover rate according to Recruitment, retention and turnover survey for UK this year is 18.3% (cipd, 2006). With the turnover rate being high there is a need to take a look at the factors causing it. It is devastating for a company when an experienced frontline employee leaves. Employee's turnover is costly. Employees are a source for business for an organization and when people start leaving, it will have an effect on the business. The reasons for leaving can vary, but most can be prevented if found out. The most common reason for leaving is money and position. Most of the employees leave the job because the wage other company is offering is more or the company is giving a higher rank. This problem if not totally prevented can be cured little by raising the valued employees salary on an annual basis and giving promotions when they deserve it. Lack of management skill can also be the reason for high turnover. Often overloading of work is seen, other than that favoritism and lack of trust in employee's decision-making can be some results of careless behavior by the management (Smith, n.d). Unemployment When we are talking about employment and the society there is a

Semantic Acquisition (Linguistics) Essay Example | Topics and Well Written Essays - 2500 words

Semantic Acquisition (Linguistics) - Essay Example Usually, young children refer to the objects or people that they are familiar with in their early speech (Barrett 1995). It is interesting that most of the children follow the same process of lexicon acquisition (De Villiers 1978). The process can be divided into five different stages (De Villiers 1978). First, children learn proper names in the first stage as proper names only have one referent for each word (De Villiers 1978). Then, common nouns are acquired soon after the first stage (De Villiers 1978). This is because the structures of common nouns are more complex and children need time to master the application of these words (Barrett 1995). The third stage is acquiring simple verbs and adjectives (De Villiers 1978). These two categories share a similar complexity and similar properties (Barrett 1995). In order to study the verbs and simple adjectives, young children need to master the correlation and interaction between their perceptual development and lexical development (De Villiers 1978). The fourth stage is the acquisition of relational words (De Villiers 1978). These words have more complex meanings (Barrett 1995). It is somewhat difficult for young children to understand the concept of relational words since a comparison for the described object and the context is required (De Villiers 1978). The final stage is the acquisition of deictic expression (De Villiers 1978). Words in this category express the most complex idea of comparison (De Villiers 1978). Nelson (1973) has suggested that there are significant individual differences in the types of words that young children acquire in stage I (Katherine Nelson (1973) in De Villiers 1978, p. 124). Two kinds of children can be found in the early lexicon development of children (De Villiers 1978). They are identified as â€Å"referential children† and â€Å"expressive children†, respectively (De Villiers 1978). Referential children can be defined as those children who acquire and use words of

Legal Aspects of Nursing Essay Example | Topics and Well Written Essays - 1750 words

Legal Aspects of Nursing - Essay Example Legal aspects of nursing The nurse caring for the patient has exhibited professional negligence. Mrs. M successfully underwent surgery to remove a brain lesion. She had problem with swallowing, and the medical team promptly carried out further investigations to ensure patient comfort and a quick recovery. The X-ray revealed that her lungs showed no signs of infiltration or congestion. However mismanagement and negligence emerged during her transportation. A driver was charged with the care of Mrs. M. The patient was in a critical state after undergoing an intensive surgical procedure. In addition, her recovery was difficult as she had a swallowing problem. It is inappropriate for the hospital management to entrust patient care of critical patients to untrained personnel. All personnel handling patients need to be professional nurses or doctors. Untrained personnel should be closely supervised by nurses. Lack of supervision is tantamount to patient neglect and this is act of gross mis conduct. This is evident in the case of Mrs. M during her transport from the hospital room to the X-ray room for a repeat chest film. The untrained patient transporter who was the sole care giver in the course of the transportation allowed the humidifier attached to the oxygen line to lay on its side. ... Moreover, the untrained transporter needs to understand his/her responsibilities as stipulated in this/her job description. Clearly, it is not his/her responsibility to make decisions on the placement of medical devices. The nurse charged with the care of Mrs. M should have supervised the untrained transporter. Due to patient mismanagement, water accumulated in Mrs. M’s lungs and she developed a bout of aspiration pneumonia. This led to her subsequent readmission in the intensive care unit. It was a major inconvenience for the patient as recovery time was prolonged. Aspiration pneumonia is a serious medical condition as it may lead to lung inflammation, lung abscess (accumulation of pus in the lungs) and chronic pneumonia. Fortunately, Mrs. M recovered well without encountering any complications. The unfortunate incident would have been prevented via proper supervision. The nurse charged with the care of Mrs. M should have fulfilled her responsibility. She should have overseen the transport and handling of Mrs. M. The uptake of oxygen via the oxygen mask should have been checked to avoid any mishaps. The humidifier attached to the oxygen line would have been maintained in the right position and not allowed to lie on the side. All supplemental oxygen that is routinely administered to patients needs to be humidified. According to BTS emergency oxygen guidelines, humidification is necessary for patients who need high flow oxygen for a period exceeding 24 hours especially if they report discomfort of the upper airway as a result of dryness. In the administration of an oxygen mask, the oxygen flow meter is attached to the wall outlet. Secondly, the humidifier is filled with the

RADIUS Implementation Essay Example | Topics and Well Written Essays - 500 words

RADIUS Implementation - Essay Example By using RADIUS, every access and authentication to a company’s network applications are controlled by the RADIUS server, which serves as a functioning host (Harrington, 2005). As a systems administrator, one of my major duties is ensuring that the company’s network system is running smoothly and that any technical glitches are fixed immediately to prevent further delays in the execeution of tasks that may cause the company to lose money. Therefore the vast logging capabilities of RADIUS will be very beneficial in ensuring that I am able to ensure that the optimal conditions of the network system are maintained, courtesy of RADIUS’ capacity to map out an audit trail of the network system. This will enable me to analyze logging files for billing and security purposes. There is growing need for improved security measures in order to restrict intrusion and restricted entry to a company’s network environment. This has led to the development of new viruses and other malicious programs and software aimed at disrupting company functions, thus requiring a system that can adapt to these changes. RADIUS offers a long lasting solution to the evolving network environment by adopting a server that utilizes modifiable stubs. Simply, the RADIUS server adapts itself to an individual network and can expand to provide other security services. According to Cache et al., the Network Policy Server found in Windows Server 2012 possesses some features that are compatible with RADIUS, especially in relation to the company’s network environment. One of the characteristics includes its ability to ensure the migration of NPS configuration settings for RADIUS servers and clients. The configuration settings capacity also extends to shared secrets which can be migrated the Network Policy Server (Cache, 2007). Morimoto argues that the basic reasons for implementing RADIUS is in order for supporting

CRM and Sales Management Assignment Example | Topics and Well Written Essays - 1500 words

CRM and Sales Management - Assignment Example Secondly, the changes in the business environment may require adjustments in the approaches to the application of the 4Ps, which would mean that it is not the overhaul of the marketing mix that forms the solution to the ever changing business environment, but the approach in its application. Lastly, the continued application of the marketing mix limits the development of further market controllable factors, which are more plausible to suit the current marketing environment. In the light of this, it becomes essential to distinguish what informs the current business environment, and creates the prospective of fulfilling the marketing need; consumer satisfaction (Belohlavek, 2008 p23). In arguing out this case, this discussion supports the proposition that the marketing mix is inadequate in the changing marketing environment, and thus needs revision to incorporate the presently developed, yet vital controllable factors that are influencing the survival and suitability of a commodity in the market. The marketing mix is composed of four business environmental components, namely price, product, place and promotion. These components can be controlled in order to enhance consumer satisfaction, through a product offering that meets customers’ expectation in terms of its affordability, ability to satisfy the existing consumer needs, accessibility of the product to the consumers and the efficient channels through which the consumer is made aware of the product (Bowman & Gatignon, p12). The traditional proposition is that, if the product fulfills all the four aspects mentioned above, then it was suitably placed in the market, and thus would survive the tides of ever changing business environment. However, it has become apparent that the marketing mix is no longer sufficient to enable a product or any brand overcome the waves of the ever-changing business environment, since the customers’ needs, preferences and priorities are also constantly changing (Prenzel, 2010 p56). According to Professor Koichi Shimizu's 7Cs Compass Model, the concept of place is no longer the most relevant aspect of modern day marketing, but rather convenience (Luudicke, 2006 p72). As opposed to ensuring that the supply chain is most appropriate to connect the producer and the consumer, the emphasis is now making the purchasing experience for the consumers more convenient. For example, Amazon.com is one of the organizations that deal in offering its products over the internet, which has placed more emphasis on convenience than on place (Wenderoth, 2009 p87). This is because, such an organization does not rely on a physical distribution channel, but on the internet, which requires complete customer understanding, before a purchase is made from their site. While it would be most beneficial for the organizations offering physical tangible products to improve the supply and distribution chain, it would be more beneficial for the online organizations offering their pro duct over the internet to improve convenience and the purchasing experience of the customers (Burgers, 2008 p11). Therefore, while the distribution channels formed the basis of place as the component of the traditional marketing mix, convenience informs the basis of the digital and online marketing organizations. Therefore, there is a need to include convenience among the component of the marketing mix, to cater for the current growth in digital

Education in Wuthering Heights Essay Example for Free

Education in Wuthering Heights Essay Education of the 18th and 19th century connects closely to the gender association of this period. Men from wealthy families were the only persons provided the opportunity to be educated at the university level. Just as many men use golf to prove their status and superiority today, these gentlemen pursued cricket and rugby. Another similarity with society today involves the importance of personal connections to further your education possibilities and business opportunities. Social standing was extremely important during this time. Manners, money, birth, occupation and leisure time were crucial indicators of social standing, determining not only ones place in society but ones freedom to act, speak, learn, and earn (Longman p. 1886). (alternate view on Victorian society) In the Victorian Era, social class was not solely dependent upon the amount of money a person had; rather, the source of income, birth, and family connections played a major role in determining ones position in society. And, significantly, most people accepted their place in the hierarchy. In addition to money, manners, speech, clothing, education, and values revealed a persons class. The three main classes were the elite class, the middle class, and the working class. Further divisions existed within these three class distinctions. The struggle between social classes roughly resembles a real-life conflict during this time. The book was published during the Industrial Revolution, a time of great economic change in which laborers fought for fair conditions in the workplace, and employers fought to defend themselves. People formed groups to work for their own benefit, thus, causing the separation of classes THE GENERAL EFFECT THAT STRESS ON EDUCATION AND THUS SOCIAL CLASS BRINGS OUT IN THE NOVEL: Education is the one of the central themes in Wuthering Heights, it brings about social status and class distinction in the novel, one of the major differences that we witness between Class struggle is a central theme found in wuthering heights. Class determines hatred, marriage, financial situation and occupation in Wuthering heights. The strict guidelines of class structure break hearts, bring about marriages without love and affect the physical and emotional wellbeing of every character. Even the two main houses in Emily Bronte’s novel reflects the difference education imparts on the character’s dispositions and behaviour. The setting of the story at Wuthering Heights and Thrushcross Grange provides a clear example of social contrast. While the Heights is depicted as simply typical and domestic and associated with uneducated characters: (Nelly, Heathcliff, Hareton, Zillah and Joseph) the Grange is described as a scene of unprecedented richness (80). Each house is associated with behaviour fitting the description. For example, when Catherine is taken into the Grange, she experiences drastic changes, thus going from a savage to a lady (80). While at this house, she rises in status, learns manners, and receives great privileges such as not having to work due to being acquaintances with the educated Isabella and Linton. Heathcliff, on the other hand, learns to classify himself as a member of the lower class, as he does not possess the education of those at the Grange. THE EFFECT OF EDUCATION (OR LACK OF EDUCATION) ON THE CHARACTERS IN WUTHERING HEIGHTS: *MY IDEA IS THAT THE THEME OF CLASS AND EDUCATION ARE INTERLINKED. EDUCATION BREEDS CLASS AS SEEN IN THE CHARACTERS OF EDGAR LINTON, ISABELLA, CATHERING EARNSHAW (TO SOME EXTENT) AND CATHERINE LINTON HEATHCLIFF: †¢Education in Wuthering Heights leads to a better understanding of class and society. The fact that Heathcliff is deprived of an education, immediately lowers his class and ranks him among the servants of Wuthering Heights, emphasized when Catherine Earnshaw returns to Wuthering Heights after her stay at the Lintons. (chapter 7) :† why how very black and cross you look!and how- how funny and grim! But that’s because I’m used to Edgar and Isabella Linton.† †¢Even though Wuthering Heights two families live out in the middle of nowhere, they still abide by the constraints of class. Brontà « lets us know through Catherines aspirations to marry Edgar Linton that Thrushcross Grange is a far superior manor to the sprawling farmhouse at Wuthering Heights. Now, the Lintons and the Earnshaws are both members of the middle class – between the working class and the elite – as they have servants running the house. But marriage to Edgar Linton is still the means through which Catherine becomes the greatest woman of the neighbourhood (9.59) while, as she tells Nelly, Did it never strike you that if Heathcliff and I married, we should be beggars? whereas if I marry Linton, I can aid Heathcliff to rise and place him out of my brothers power (9.99). Being an orphan with no family ties and no land, Heathcliff is the lowest on the totem pole. That Hindley denies Heathcliff an education implies that he is trying to force him to become a servant (which is how he, in fact, refers to him several times). So it makes sense that Heathcliffs revenge is tied directly to the novels class issues, because property ownership is one of the privileges of the middle class and above. :† He drove him from their company to the servants, deprived him of the instructions of the curate, and insisted that he should labour out of doors instead; compelling him to do so as hard as any other lad on the farm. (6.9)† †¢Heathcliff is brought up in a middle class environment with the earnshaws and then into a working class when Hindley takes over custody of Heathcliff. Heathcliff originally was of low working class, being a gypsy (a poor nomadic race of people) and had dark skin. His ethnic disposition worked against him when being judged by the Earnshaws and Linton’s. This leads to the constant belittling of Heathcliff by Hindley and the Lintons ultimately resulted in his loss of Catherine and his motivation in bring about the downfalls of the Earnshaws and Lintons. †¢Heathcliff is an orphan; therefore, his station is below everyone else in Wuthering Heights. It was unheard of to raise someone from the working class as a member of the middle-to-upper middle class. Even Nelly, who was raised with the Earnshaw children, understood her place below her childhood friends. When Mr. Earnshaw elevates the status of Heathcliff, eventually favoring him to his own son, this goes against societal norms. This combination of elevation and usurpation is why Hindley returns Heathcliff to his previous low station after the death of Mr. Earnshaw, and that is why Heathcliff relishes in the fact that Hindleys son Hareton is reduced to the level of a common, uneducated labourer. †¢Due to the fact that Heathcliff is uneducated Catherine begins to prefer Edgar Linton’s society simply because Edgar is able to discuss more intellectual topics than Heathcliff, thus due to his lack of education and class distinct he lost the love of his life, Catherine. †¢Only after he becomes educated and more genteel does he garner more respect in the novel. †¢When Heathcliff returns, having money is not enough for Edgar to consider him a part of acceptable society, as he is not educated. Heathcliff uses his role as the outcast to encourage Isabellas infatuation. The feelings that both Catherine and Isabella have for Heathcliff, the common laborer, cause them to lose favor with their brothers. Hindley and Edgar cannot accept the choices their sisters make and therefore, withdraw their love. When a woman betrays her class, she is betraying her family and her class — both unacceptable actions. †¢It should be noted that Heathcliff uses the Victorian’s obsession with class distinct and education against his enemies. They are tools of his revenge. CATHERINE: †¢Social class and education must be the reason Catherine marries Edgar; she is attracted to the social comforts he can supply her. No other plausible explanation exists. Catherine naively thinks she can marry Edgar and then use her position and his money to assist Heathcliff, but that would never happen. †¢The fact that her own brother Hindley deprives her true love, Heathcliff of an education makes Catherine realize the fact that Heathcliff would never be of any consequence to society as in Victorian times education and class distinct ran hand in hand. This is what broadens the chasm between Catherine and her childhood companion Heathcliff as she comes back from her stay at the Lintons. †¢It is Heathcliff’s lack of education that drives her into the society of the Lintons. †¢The fact that Hindley deprives Heathcliff of an education cements Cathy’s view of Heathcliff as a tyrant and causes a chasm between brother and sister. †¢The fact that education is such an important part of Victorian society is emphasized by Catherine’s choice to marry Linton rather than Heathcliff. Catherines decision to marry Edgar Linton rather than Heathcliff, and this decision widens the gap between social classes. Edgar Linton is a wealthy man of high status and education, and Heathcliff is poor and possesses no assets. Catherine does not consider personal feelings, but instead, she focuses on her outward appearance to society. Edgar Linton will be rich and I shall like to be the greatest woman of the neighborhood whereas if Heathcliff and I married, we should be beggars (81).† It is obvious that wealth justifies social class, and Catherine strives to achieve high status. HINDLEY: †¢Out of all the characters in the novel, Hindley seems to be the most worldly, from a young age he is sent off to college, mainly due to his father’s deference to Heathcliff. This causes us to believe that he is more exposed to Victorian class distinction, more than the other characters of the novel as he is sagacious enough that he discovers that by depriving Heathcliff of an education he ultimately separates him from Catherine as he is then ranked among a servant. †¢Due to Heathcliff, in a cyclical turn of events, Hindley’s own son due a combination of his own neglect and Heathcliff’s cruelty is deprived of education. The fact that he is deprived of education deprives him of any social consequence and his own birthright, emphasizing Emily Bronte’s theme that class and social standing can’t exist without education. EDGAR LINTON: †¢Edgar Linton is a wealthy and well-educated with a noticeably higher ranking than the tenants of Wuthering Heights. †¢Although his rank has made him rather weak- willed and effeminate in character. (Emily Bronte seems to associate the genteel class with slightly effeminate characteristics) he is well educated and this leads him to win the heart of Catherine. †¢His high social status and education make him dislike Heathcliff whom he regards as a ‘gypsy’, his wife and sister’s regard for a man with such low education is a cause for his extreme dislike towards Heathcliff †¢Edgar embodies Victorian society’s idea of a well- educated. Cultured gentleman. Emily Bronte uses Edgar to depict the value of education in such a society, he is a complete contrast to the character of Heathcliff. HARETON: †¢while Hareton’s outward behaviour might suggest a lack of character, he responds to Cathys beauty and love by striving to improve his mind. Hareton realizes the importance of education in Victorian society. †¢Heathcliff’s revenge on him is to make Hareton a double of a younger Heathcliff, by denying Hareton his right to an education he makes Hareton less than a servant in Victorian society. This is emphasized by Linton Heathcliff and Catherine Linton’s treatment of him. CATHERINE LINTON: †¢Wuthering heights is famous due to Emily Bronte’s use of doubles or ‘shadowing’ both mother (Catherine Earnshaw) and daughter (Catherine Linton) share a distate for those characters with a lack of education, emphasizing the Victorian era’s obsession with education and the important role it played in class distinction. †¢Catherine Linton shows distaste and even disgust towards her uneducated cousin Hareton, she is shocked that they are related and mocks him with her more cultured cousin Linton Heathcliff †¢It is Catherine’s distaste at Hareton’s lack of education that prevents her from seeing the aid Hareton was attempting to provide when she is forcibly taken to Wuthering Heights by Heathcliff. Isabella: †¢Isabella’s regard for the ‘gypsy’, Heathcliff who she pays no mind to as a child only grows when he returns from his expeditions as an educated man. †¢When Isabella marries Heathcliff she betrays her cultured and educated upbringing leading to estrangement from her brother this emphasizes the chasm that Heathcliff’s lack of education creates throughout the book, separating characters and damaging relationships. It also shows the social unacceptability of being uneducated in England in the Victorian era. QUOTATIONS REPRESENTING THE SIGNIFICANCE OF EDUCATION IN THE NOVEL: (the quotes are cited chapter.paragraph) †¢He drove him from their company to the servants, deprived him of the instructions of the curate, and insisted that he should labour out of doors instead; compelling him to do so as hard as any other lad on the farm. (6.9) ïÆ'ËœHindleys project to punish his fathers favorite begins as soon as the old man dies. To make Heathcliff a farmhand, bereft of education (instructions), is to put him in the lowest possible position. The gentry never work with their hands. †¢[Hindley] wished earnestly to see her bring honour to the family by an alliance with the Lintons, and as long as she let him alone she might trample on us like slaves, for aught he cared! (9.152) Hindley has designs on the Lintons social status. Nelly resents the treatment she receives from Catherine. Nelly (who is speaking here) may not be a slave, but she is a servant – yet more often than not she acts like a family member. †¢Ã¢â‚¬Å"but he yielded completely and there was no prevailing on him to take a step in the way of moving upward, when he found he must necessarily sink beneath his former level† chapter 8 †¢:†what good do I get- what do you talk about†¦Ã¢â‚¬ ¦or for anything you fo either!† chapter 8 †¢:†and he will be rich and i†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..husband† chapter 9 †¢:†and the curate doesn’t teach you to read and write,†¦Ã¢â‚¬ ¦..Heathcliff had promised that† chapter 10 †¢:†papa is gone to fetch†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.relationship with such a clown† chapter 4 volume 2 †¢:†he has satisfied my expectations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.he takes pride in his brutishness† chapter 7 volume 2. †¢:†he does not know his letters†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.dunce?† †¢:†Mr H areton is not envious†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..in a few years† chapter 16 volume 2 †¢:†and tell him if he’ll take it†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..never tease him again.† Chapter 18 volume 2 EDUCATION IN THE COLOR PURPLE: Walker also makes it evident to readers the level of education many of the blacks in the novel had received, which is representative of the black community in the South as a whole in those days. As Walker shows, many females did not finish school, and were instead married away at early ages. Also, many young males were not able to attend school long, considering they were needed to help farm the land. Because of this, most of dialogue in the book is written as if an uneducated person was trying to speak English. For example, many sentences appear to have not only spelling, but grammatical errors as well, such as â€Å"Where us going? ast the oldest girl.† In one of the main character’s, Celie, letters to her sister Nettie, she comments on how two women are trying to teach her how to â€Å"talk†. She states, â€Å"She say us not so hot. A dead country give-away. You say US where most people say WE, she say, and peoples think you dumb. Colored peoples think you a hick and white folks be amuse.† However, in Nettie’s letters to Celie, Walker uses correct grammar and spelling. This is because Nettie was more educated than most of the black people in the South, going to school for many years. Therefore, Walker is using the two sister’s English to show a direct contradiction in the way most blacks in the South at that time spoke, and the way a few that were schooled well spoke. Thus, the reader is able to gauge the education level of the characters in the book by their dialogue. This level is in direct correlation with the level of education of the blacks that really did exist in the South after the Civil War, due to lack of school funding and time for learning. Celie’s point of view is particularly interested. Unlike Nettie, Celie is an uneducated woman, having been forced to drop out of school around the age of fourteen when she became pregnant by her Pa. Her lack of education is apparent from her poor spelling and grammar. Nettie, however, is educated. Her spelling and grammar are correct, and her letters discuss more complex topics, such as women’s rights, civil rights, religion, politics, and more. However, it isn’t only Nettie that has an interesting story to tell. Despite Celie’s poor educational background, Celie tells a powerful story. In this sense, Walker’s chosen narrator shows that all people, including poor, uneducated, victimized black women have an important story to tell. QUOTES ABOUT EDUCATION IN THE COLOR PURPLE: †¢Ã¢â‚¬Å"The Olinka girls do not believe girls should be educated. When I asked a mother why she thought this, she said: A girl is nothing to herself; only to her husband can she become something. What can she become? I asked. Why, she said, the mother of his children But I am not the mother of anybodys children, I said, and I am something.† †¢Ã¢â‚¬Å"She say us not so hot. A dead country give-away. You say US where most people say WE, she say, and peoples think you dumb. Colored peoples think you a hick and white folks be amuse.† †¢Why do they say I will be a wife of the chief? asks Olivia. That is as high as they can think, I tell her. He is fat and shiny with huge perfect teeth. She thinks she has nightmares about him. You will grow up to be a strong Christian woman, I tell her. Someone who helps her people to advance. You will be a teacher or a nurse. You will travel. You will know many people greater than the chief. Will Tashi? she wants to know. Yes, I tell her, Tashi too. (62.13-18) †¢Tashi is very intelligent, I said. She could be a teacher. A nurse. She could help the people in the village. There is no place here for a woman to do those things, he said. Then we should leave, I said. Sister Corrine and I. No, no, he said. Teach only the boys? I asked. Yes, he said, as if my question was agreement. There is a way that the men speak to women that reminds me too much of Pa. (63.14-20)

Employment-At-Will Case Essay Example for Free

Employment-At-Will Case Essay Case Example A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months.The job offer letter that Jerry had sent her mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The company is an employment†at†will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. There are legal issues in case example A. These issues will need to be brought up and answered before any decision can be made over this case. A letter was sent to Elaine. Could this be considered a contract? If not, was there a contract involved? If there was a contract involved, is it an executory contract or is it not valid at all? This is an employment-at-will employer, does the employer really need to give a reason for the termination? Ethics in business play a big role in today’s society. Could ethics have been violated by the employer? Is this discrimination against Elaine? Did the employer lower Elaine in to this business with lies to gain something from her? Is this an intentional misrepresentation or fraud? Did Elaine have a certain skill that the employer needed and after the employer got what he needed he fired her? These are short legal questions that will need to be further studied. Elaine’s argument contains legal rules to support her claim. There is printed evidence that can definitely help out Elaine. The job offer letter states that there are great CAREER opportunities at the company. A career is defined as more than a simple job. It is a major part of a person’s life. A job usually last a couple of months. A career is thought of lasting for more than a couple of years. The fact that the term â€Å"career† was used in the letter, it is assumed that this is going to be something more than just a â€Å"job† Another word that was used is annual. The annual salary was said to be $30,000. The term â€Å"annual† also implies that the career that the employer is offering is something that is  long term and not just a two month job. The plaintiff can argue that these were the conditions that were used when she was hired. She sought out this job because she was offered great career opportunities but was never given the â€Å"career† or the opportunity to make $30,000 annually. This could be classified under intentional misrepresentation or fraud because the plaintiff was brought into the business with false statements. Something else that Elaine can argue is that she was discriminated. After she was fired, she was replaced by a man that had less job experience and a lower education than Elaine. Elaine might have been let go because of her sex. This could be a violation of Title VII of the Civil Rights Act of 1964. The defendant also has a valid argument that he can dispute. This business is an employment at will employer. This means that the employee can be let go at any time for any reason. Elaine knew that this was an employment at will. When she read the letter and accepted the job, she also accepted all the conditions that came along with it. The plaintiff knew that she could be fired any time. This is the defendant’s argument. Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will doctrine. In this case, the tort exception and statutory exception can be applied in favor of the plaintiff. The tort exception states that the employee can sue an employer for fraud. Based on the letter Elaine received, she never was given what she was promised. The employer gave the future employee false statements regarding receiving $30,000 annually. The employer also made the employee believe that this was a career when it clearly lasted no more than two months. This is classified under fraud. The statutory exception will be the main exception in this case. The statutory exception states that â€Å"Title VII and other federal state antidiscrimination laws prohibit employers from engaging in race, sex, religious, age, handicap, or other forms of discrimination†. Right after Elaine was fired, a man was hired for that same position with less work experience and a lower education. This is evidence that Elaine was discriminated based on her sex. An employee who was wrongfully discharged can sue the employer for damages. Therefore the plaintiff will win the case. The legal rules that currently apply are fair and reasonable.  Employment-at-will employers exist because in some jobs, the employer needs that flexibility in order to respond to any changes or needs. Sometimes it is necessary to let employees go but the employer should never forget the laws of business and also ethics. Also, adding exceptions like statutory exception and tort exception to this doctrine helps protect employees in case they are ever treated unfair or are ever taken advantage by their employer. The rules that are currently set for now are fair and reasonable and should not be violated. Work Cited Cheeseman, H. R. The legal environment of business and online commerce. (Custom ed.).

Factors in Health Services Management

Factors in Health Services Management Members Joanne Tolentino Rosarie Ann Nicole Trespeces Karenne Melo Daisy Kumari Shrestha The ever changing health system poses challenges that require capacity and capability in attaining success. Managing a health care industry requires extensive knowledge, skills and positive attitude in order to run the organization effectively and efficiently. To have an in-depth understanding on operations management and organizational performance, in this paper equal rights in public health care, demographic data, epidemiological characteristics, public health, culture, sources of power, and political aspects of the organization will be discussed. Demographic, Epidemiological and social environment In the health care arena, the primary focus of the health professionals is to provide care for the sick and promote health and well-being to people. The constant challenge, however, is to give equal rights for them to have access to public health. Equal rights for people is almost the goal not of just a single organization, but of every nation for their locals. Thus, equality in the delivery of health services must be observed at all times that no one shall be deprived of access to public health, regardless of age, color, ethnicity, gender, or socioeconomic background. The surge of the influenza incidence in Auckland, New Zealand alarms Kiwi-Asian Persuasion Medical Center (KPMC) to take necessary actions. To prevent transmission or halt the health problem, KPMC not only prepares the skilled staff to provide but also reaches out to organizations to address the health problem. Although income or money plays a crucial part in determining the type of service a person affected with influenza or any health problem could afford, the (KPMC) aspires to provide holistic care with high consideration to health equality and Treaty of Waitangi. This means that the hospital practices free financial access to health services that each individual is entitled to receive holistic care. The health budget is generated from the New Zealand government or fund from the ministry of health. To ensure that equality is addressed, the hospital will conduct research works on how to bridge or close gaps in health and social inequalities. Hence, health policies and laws shall be formulated. Other alliances, non-profit organizations, and national and international organizations related to health will be requested to provide support to attain KPMC’s aspiration in providing equality in health through financial free services to all. According to Bonita and Kjellstrom (2006), epidemiology is that the study of the distribution and determinants of health related states or events in specified populations and the application of this study to the prevention and control of the health problems. The epidemiological data are employed to arrange and measure methods to prevent disease and as a guide to the management of the patients in whom illness has already developed. For the epidemiologic study various demographic data such as population, gender, age group, ethnicity categories are required. The main features of epidemiology is the assessment of the disease outcome in a risk of the population. The risk of population is the group of people, healthy or sick, population from different ethnic group, different age group, and a different gender. Hence, statistical data for epidemiological study and the primary source of demographic data can take from the census is much needed. New Zealand is derived from the national census, which is carried out every five years. Census encompasses information about variables, including age, gender, ethnicity, birthplace, occupation, accommodation, education, socioeconomic status, divorce, employment, long term illness etc. The analytical techniques applied to epidemiological data consist of general statistical approaches as well as special techniques that have been developed to fit the needs of particular epidemiologi cal study designs. While mathematical formula which may be used for statistical data, such as live birth, deaths, fetal deaths, marriages, migrates, health and disease etc, (Koch, 2015). According to World Health Organization (2015), conditions in which individual bears, nurture, live and work that impact an extensive variety of health, operating and life quality results are the social determinants of health. These conditions are formed by the delivery of financial, authority and properties at national and global levels. Resources that improve quality of life can have an important inspiration on population health outcomes such as safe and reasonable housing, education access, safety in public, healthy food availability, local and health emergency and environments free of life- threatening. Breakthrough reports on movements to expand health and reduce inequalities has been created by the World Health Organization (WHO). Social health inequalities that have impact on the spread of influenza in Auckland are health behaviors such as unhealthy diet and inactive lifestyle, social environment or social characteristic like low income, physical environment wherein where the individual lives and the living conditions and health services such as access to low quality health care or having no insurance coverage. These determinants of health also interact with and influence person behaviors too, and these also contributes in the development of social patterning of health, illness and disease. One and all has the right to achieve holistic health that is the reason why government and non- government organizations are combating and addressing those determinants of health. Cultural and Political Environment According to Root (2015), external environment of an organization is those factors which affect the outside of an organization’s ability to function smoothly. Among the five external general environment factors which affect the organization directly one of the most critical external factors is economic environment. According to Jorge (2014), this factor talks about the comprehensive of the nature of economic system of the country, business cycle, the socio economic infrastructure etc. Other external factors, including legal or ethical, political, technological and international factors that relate to the values, attitudes and concerns of the target people and their economic capabilities to afford the services. The political, ethical and legal environment related to the organizational laws and to meet the ethical or social responsibility standards to the communities Gupta (2009). Organizational Culture The Kiwi-Asian Persuasion Medical Center is a Christian, government-run institution committed to deliver high quality holistic care to the poor, sick and the dying. This institution strongly believe that every client, regardless of their ethnicity and culture, should feel comfortable, safe and secured just like home. Thus, Kiwi-Asian Persuasion Medical Center became known for its â€Å"feel-at-home† ambiance (Study, 2003). The hospital is painted with soft, vibrant colors to promote calmness. For a more relaxing place, lazy boy chairs are provided for both the visitors and the clients. All employees must greet every client coming in and out of the hospital with a warm smile. Though they are in a hospital, patients should feel the comfort of their own home. Also, the success of this organization is because of the core values that this institution upholds (Riley, 2014. Cultural diversity is one of the core values of the culture of this institution. The workforce want all clients to be treated like family despite cultural differences. Diversity should be respected and embrace within the workplace. Another core value of this institution is team spirit, working hand in hand in providing care to the clients. Thus, creating a positive relationship with colleagues and clients. Accountability for the actions, decisions and policies made when providing care for the patient. It is also very important to practice balance. Every employee shall maintain a healthy work-life balance to avoid poor performance. Lastly, excellence in providing the best quality health care service shall be upheld at all times. This is by inspiring moments of optimism in giving care in order to create value and make a difference in the lives of every client that is admitted in this institution (Wendy, 2013). By aligning the significance of these values with the employees, Kiwi-Asian Persuasion Medical Center has successfully created a strong organizational culture. Task external environment The task environment is closer to the organization and includes the sectors that conduct day-to-day transactions with the organization and directly influence its basic operations and performance (Daft, 2012). External task environment includes competitors, competitors, suppliers, and labour market. Customers are the people and organizations in the environment that acquire goods or services from the organizations. In the health care, patients are the customers of the hospital. The success of the organization largely depends on them since they are the recipient of care. The satisfaction of the patients mirror the performance of the employees and how the managers run the organization. Competitors are the organization in the same industry. They present challenges as they vie for customers in a marketplace with similar products or services (Houghton Mifflin Harcourt., 2014). In the health care, competitors are public health organizations like hospitals that provide similar health services. According to Gupta (2009), it is important to know all the competitors, their organizational size and skills pool, their competitive advantages, their marketing strategies, off shore development. The main point here is to maintain standards by observing quality assurance and keep customers despite the existence of similar organizations. Suppliers provide the raw materials the organizations produce its output (Daft, 2012). In health care, the needed resources are the hospital supplies and equipment used in the delivery of care. They affect the organization because of the dependency of the organization on the raw materials to provide adequate care. Thus, a good team up is necessary to receive high quality supplies at lower prices in order to save money while maintaining quality (Daft, 2012). Labor market as stated by Johnson (n.d.) refers to the people a company hires to fill its position. Employees in the hospital should be more than competent and with certain characteristics in order to maintain quality services and uphold global competitiveness. Those who are involved in direct patient care should be highly qualified, skilled or trained otherwise poor health services will be afforded to patients. This in turn would cause harm and danger to both the organization and the population of people being cared for. Sources of power According to Raven (2015), leadership management and power are relatively connected. Individuals have the tendency to obey people who are powerful. Leaders have different power for different reason. Power is the capability to influence the behavior of other individual with or without enforcing force by means of diverse strategies to make a necessary action. It is an instrument that can end up to either optimistic or pessimistic results in an institution. Power is a fundamental and unpreventable part in any institution. No leaders can be effective and competent starved of understanding and use of suitable power. There are two (2) types of power, the position power and the personal power. Under position power, includes legitimate power, reward power and coercive power. On the other hand, expert power and referent power falls under personal power (French, 2012). Legitimate power is often called positional power. This power originates from the position, role and status of an individual in an institution. It typically consist of formal authority. Reward power emanates from the capacity of an individual to deliberate treasured material rewards or produce added positive incentives. Incentives take account of increase salary, role promotion and positive commendations and appraisal. Coercive power is the capacity to impact individual by means of threat and giving of sanctions and negative penalties which encompasses of direct reprimand or suppression of anticipated rewards. Knowledge is a power. Expert power comes from an individual’s superior skills and knowledge in a certain area. Individuals who exert expert power is usually valued by the institution for their problem solving skills as they can accomplish critical responsibilities. Referent power comes from the capacity of a person to appeal individuals and form their reliability and fidelity. This power comes from appeal and charisma. According to B. Meadows (2011), all sources of power can be used in combination and people often have access to more than one power for the benefit and advancement of the institutions. Leaders use diverse power tactics to force other individual into desired actions and movements. For the KPMC, reward power will be highly employed as it tends to have an influence, impression and impact on the actions, behaviors and attitudes of the employees. Consequently, it will greatly motivate and inspire employees to be an effective and efficient part of the team and to work better as there will be a reward waiting. Rewards can be either tangible or intangible. Even simply openly or secretly admiring an employee for a task well done is deliberated as reward power and can be a valuable administration tool. By employing reward power in the institution, leaders can make an alteration from controlling and leading to modelling and impelling the growth and development of the employees by using reinforcing reward power. Opinions, ideas, decisions of leaders who exercise expert power are held in high regard by the employees; hence, greatly impact and affects their actions and behaviors. Good and Bad Political Aspects In all organizations, conflict and problems may arise due to competition or rival interests between groups and individuals (Mitchell, 2005). The tension brought about by diversity should be resolved through political means. However, politics has also its downside that can sometimes lead to the total destruction of the organization. Negative politics include the use of unethical tactics to regain power. One negative approach they use is backstabbing wherein a person pretends to be a friend but all the while talking about you in detrimental ways behind your back. An example of these is saying something bad about your friend to your other colleagues to destroy her reputation. Another approach is to embrace or demolish rivals in your organization who has suffered past hurts. It is when you fire people who do not favor the takeover. Next is stealing credit to people whom credit is due. Also, territorial games exist which involve competing for resources that gives power such as relationshi ps, authority and information. Good mouthing an employee to make them transferrable is also an unethical tactic. It usually happens when an unwanted employee is suddenly given an outstanding performance which makes her more marketable and more prone for a transfer. Another negative approach is putting a weak manager in place to help secure your position. It usually happens when a manager hires an incompetent assistant manager who is more unlikely to get a promotion. Continuous use of these unethical tactics may undermine organizational goals. However, by promoting good politics it channels away employees from using negative tactics. Some influential tactics use is leading by example. A manager must be a role model to her employees by being consistent with her words and actions. Next is using consultation to encourage employees for their ideas and opinions. Assertiveness as a positive tactic is also practiced. This refers to being straightforward with the person without violating their rights. Managers often use reasoning and logic as an influential tactic to get employees to follow their orders. Another is ingratiation wherein a person acts friendly when asking others for a favor. Lastly, exchange is also an approach for influencing employees by offering a barter with others. When these political tactics are used appropriately it can promote positive resolution to the tension rising in the organization (Mitchell, 2005). References Article Library. (2015). Types of Power in Leadership. Retrieved on March 28, 2015, from http://www.yourarticlelibrary.com/business-management/6-important-types-of-power-in-leadership/2560/ Bonita, R., Beaglehole,R., Kjellstrom, T. (2006). Basic epidemiology. Retrieved on March 26, 20015 from http://whqlibdoc.who.int/publications/2006/9241547073_eng.pdf Creative Vision Foundation. (n.d.). What is epidemiology? Retrieved on March 26, 2015 from http://www.bmj.com/about-bmj/resources-readers/publications/epidemiology-uninitiated/1-what-epidemiology Daft, R. (2012). Management 10th ed. USA: South-Western, Cengage Learning. Houghton Mifflin Harcourt. (2014). The External Environment. Retrieved on March 27, 2015 from http://www.cliffsnotes.com/more-subjects/principles-of-management/managerial-environments/the-external-environment Johnson, S. (n.d.). Five Components of an Organization’s External Environment. Retrieved March 29 from http://yourbusiness.azcentral.com/five-components-organizations-external-environment-8944.html Mind Tools. (2015). Five Forms of Power. Retrieved on March 28, 2015, from http://www.mindtools.com/pages/article/newLDR_56.htm Mitchell, R. (2005). Introduction to Organizational Politics. Retrieved on March 23, 2015, from www.csun.edu/~hfmgt001/politics.doc Riley, J. (2014). Organizational Culture- The Crucial Importance of Core Values. Retrieved on March 22, 2015, from http://beta.tutor2u.net/business/blog/organisational-culture-the-crucial-importance-of-core-values Root, G. (2015). Five Components of an Organization’s External Environment. Retrieved on March 28. 2015 from http://smallbusiness.chron.com/five-components-organizations-external-environment-17634.html Study. (2003). What is Organizational culture? Definition Characteristics. Retrieved on March 22, 2015, from http://study.com/academy/lesson/what-is-organizational-culture-definition-characteristics.html The Fast Track. (2011). Five Types of Power in Leadership. Retrieved on March 28, 2015, from http://quickbase.intuit.com/blog/2011/08/26/the-5-types-of-power-in-leadership/ Wendy. (2013). Company Core Values: Why to have them and How to define them. Retrieved on March 22, 2013, from http://blog.7geese.com/2013/03/12/benefits-of-having-core-values-and-how-to-set-them-in-your-organization/