Saturday, March 14, 2020
GRADUATE SCHOOL OF MANAGEMENT Essays - Emotion, Brain, Psychology
GRADUATE SCHOOL OF MANAGEMENT Essays - Emotion, Brain, Psychology GRADUATE SCHOOL OF MANAGEMENT Master in Business Administration Research Proposal The Impact of Emotional Intelligence on Leadership s' Effectiveness Course: MGT 6998 - Business Research Methods Prepared For : Prof. Dr. Gary N. Mclean Prepared By: Laila Humaira Binti Md Khalil G1318532 Submission Date: 18 July 2014 Table of Contents TOC \o "1-3" \h \z \u \* MERGEFORMAT ABSTRACT PAGEREF _Toc393488976 \h 2 CHAPTER ONE PAGEREF _Toc393488977 \h 3 INTRODUCTION PAGEREF _Toc393488978 \h 3 1.1 Background of the Study PAGEREF _Toc393488979 \h 3 1.2 Problem Statement PAGEREF _Toc393488980 \h 5 1.3 Research Questions PAGEREF _Toc393488981 \h 6 1.4 Research Objectives PAGEREF _Toc393488982 \h 6 CHAPTER TWO PAGEREF _Toc393488983 \h 7 LITERATURE REVIEW PAGEREF _Toc393488984 \h 7 2.1 Leadership PAGEREF _Toc393488985 \h 7 2.2 Emotional Intelligence PAGEREF _Toc393488986 \h 8 2.3 Emotional Intelligence In Leadership PAGEREF _Toc393488987 \h 10 2.4 Self Awareness PAGEREF _Toc393488988 \h 11 2.5 Self-Management PAGEREF _Toc393488989 \h 13 2.6 Social Awareness PAGEREF _Toc393488990 \h 14 2.7 Relationship Management PAGEREF _Toc393488991 \h 14 CHAPTER THREE PAGEREF _Toc393488992 \h 16 RESEARCH METHODOLOGY PAGEREF _Toc393488993 \h 16 3.1 Introduction PAGEREF _Toc393488994 \h 16 3.2 Method, Sample Design and Sample Selection PAGEREF _Toc393488995 \h 16 3.3 Theoretical Framework PAGEREF _Toc393488996 \h 17 REFERENCES PAGEREF _Toc393488997 \h 18 ABSTRACT In the current market that is fierce and competitive, organisations are more focused on developing and enhancing the performance of their organisations. Human resources became very important in the organisations, whereby their roles are to select and recruit the best choice of employees. This matter is due to increase the quality and efficiency of the employees which consist of leaders and followers. However, in order to select the best leaders, the criteria that should be considered is partly the emotional intelligence traits. This study will examine the impact of emotional intelligence on leadership effectiveness. This paper will also focus on the components of emotional intelligence and its impact towards on leadership effectiveness. A sample of 100 working employees will be selected ra ndomly from those who are wo rking in Kuala Lumpur . Data will be g athered from these employees through the a questionnaire wh ereby the questionnaire that will consist of questions that are related to the relationship between emotional intelligence and leadership effectiveness . Hence, the main objective of this study is to de termin e the relationship between the components of emotional intelligence which are the ( self-awareness, self-management, social awareness ) , and the relationship management with the effectiveness of the leaders . Based on some previous studies, they stated that it is difficult to measure emotional intelligence which is to why there are still some unclear findings on the relationship between emotional intelligence and the leadership effectiveness. Keywords: CHAPTER ONE INTRODUCTION 1.1 Background of the Study In every organisation, there are so many different types of leaders. Their style of leading their subordinates are undeniably different. The concept of leadership is definitely one of the most discussed issues in the organisations because it is one of the most important factors to achieve the organisations' goals and objectives. Generally, the concept of leadership involves the ability and power to lead and influence others in order to achieve the objectives of the organisation ( Suciu et al . , 2010). In addition, not everyone has the leadership traits. Some people are naturally born with the leadership characteristics, but some of them need to learn to have the leadership abilities . According to Bawany (2010), leadership can be related to one's ability and self-confidence to motivate others and gain ing their respect. Thus, only those are selected ones that actually really have the ability to lead others to achieve their g oals. Many researchers and also the public have different perceptions and opinions in the concepts of leadership. In this current environment where there are so many changes and issues in the economy, as well as very fierce competitions between the organisations and industries, leaders play an important role in sustaining and maintaining the stability of the organisation in order to maximise their accomplishments as well as for survival in the industry. In order to enhance the performance of the organisation, leaders' effectiveness are one of the main factors to achieve that goal. The traits claiming that a leader should possess includes intelligence, power, drive, extroverted, as well as charismatic (Bawany, 2010). Based on
Thursday, February 27, 2020
The commercial invoice; the pro forma invoice Assignment
The commercial invoice; the pro forma invoice - Assignment Example Question 2 The amount of risk that a business will bear will depend on whether the business is the importer or the exporter, as well as the particular incoterms that are involved on a particular transaction. For instance, if the business is an importer, the business will incur the least risk if the incoterm being used is CIF, because this will have the least risk (William, 2009). This is because the seller (exporter) will have to take care of the goods on their way not only to the destination port but all the way to the inland destination of the buyer. This includes buying the insurance for the goods as they are on transit. As a result, this means two important things to the buyer, who is the importer. First, is that there is no risk of the goods on transit that the importer will have to bear incase the risk materializes. Second is that even if the risk was to materialize, the importer would be protected because the insurance will pay off the losses. The importance of Cost, Insurance and Freight (named port of destination) is that incase the goods are lost or damaged and the seller was not in a position to compensate the buyer, the buyer doesnââ¬â¢t have to incur the loss because the insurance will pay for the goods. ... The fact that the process by which the US government uses to create money and value for the same money is faulty and needs to be changed is not debatable. However, as Maxwell (2009) says, it can only be hoped that the new technology that is eliminating the issuance of printed money will solve part of this problem. However, this is a problem that will need to be solved and a better mechanism be put in place to avoid the problem that fiat currency is causing. This as McGregory (2009) says, is going to be one of the main things that will have to be solved in the twenty-first millennium for the world economy to succeed. Question 4 Part i FOB ââ¬â Free on Board to a named port of shipment This incoterm makes sure that the risk of the goods is shared between the two sides of the deal. The buyer assumes the risk after the goods have been loaded for shipping, while the seller assumes the risk of the goods only until the goods have been loaded for shipping. Part ii CIF ââ¬â Cost, Insu rance and Freight to a named port of destination This incoterm puts all obligation, both transport and insurance of the goods in transit to the seller and makes sure that the buyer is fully protected from any risk or obligation. Part iii CIF ââ¬â Cost, Insurance and Freight to a named port of destination Same as above, the exporter assumes all risks and costs for shipping the goods. Part IV EXW ââ¬â Ex Works to a named place of delivery. This incoterm minimizes the obligation of the exporter so that the exporter only has insurance and freight costs only up to the point where the goods are loaded at the port of export. The buyer has to know how to get the goods from the sellerââ¬â¢s premises and decide on whether they want to
Tuesday, February 11, 2020
Economics of Energy and Environment Essay Example | Topics and Well Written Essays - 3750 words
Economics of Energy and Environment - Essay Example The remaining amount of fuel had been utilised for energy motives. It has been observed that the consumption of energy in the UK fell to its lowest level in the years2010 and 2011 compared to the year 1984. This decrease in energy has been conceived due to the reduction of 18% in the utilisation of gas. From the year 1970, there has been a change in the consumption of fuel from solid fuels to fuel mix from 46,120 million tonnes to 2,437 million tonnes of oil in the year 2011. The consumption of fuel has been substituted by gas which increased from 14,408 million tonnes to 42,378 million tonnes of oil equivalent from the year 1970 to 2011. The consumption of electricity is also observed to have increased by a considerable extent i.e. by 65% which is equivalent to 27,334 million tonnes of oil (Crown, ââ¬Å"Energy Consumption in the United Kingdom: 2012â⬠). The industrial sector is responsible for consuming around 40% of energy which amounted to around 62,333 thousand tonnes of oi l equivalent. On the other hand, the domestic sector and transport are perceived to be utilising nearly 24% and 18% respectively. Other users including public administration, agriculture and commerce are observed to be using 12% of energy. Furthermore, 7% of the energy was consumed for non-energy motives (Crown, ââ¬Å"Energy Consumption in the United Kingdom: 2012â⬠). Domestic Energy Consumption From The Year 1970 To 2011 Source: [1] (Crown, ââ¬Å"Energy Consumption in the United Kingdom: 2012â⬠) In the year 1990, it has been perceived that the industrial sector consumed around 24% of energy which signifies that there was fall in energy consumption in the industrial sector as compared to the period of 1970.... This essay stresses that the households are also required to adopt innovative and certified household electrical appliances and products with the intention of better utilisation of energy. Moreover, households are required to adopt latest products which are energy efficient with the motive of ascertaining that energy is consumed at a minimum level. The households are required to acquire technologies which emit carbon in a minimised manner. Furthermore, these innovative and low carbon emitting technologies will facilitate households with better power as well as money saving opportunities. The increased price of energy will initiate households to acquire more innovative technologies for producing renewable sources of energy. This paper makes a conclusion that it can be comprehended that the prices of energy is likely to increase for households, as the current market prices only pay for returns to existing energy production. By raising the regulation and costs of existing energy production, and providing grants and subsidies to encourage the adoption of new technology, the government is rebalancing the costs of energy consumption more in favour of low carbon technologies. In the long run, combined with technological developments making such technologies more affordable, and regulations requiring that they are used, there will be a shift toother non-renewable sources of energy in order to improve energy efficiency, preserve energy for future consumption, as well as reducing carbon emission.
Friday, January 31, 2020
Cults Essay Example for Free
Cults Essay The word cult is often thrown around in todays society as a derogatory term towards religions that are not well known or have aspects that are contrary to mainstream religions. According to mainstream media, cults have been responsible for massive pact suicides, and their followers are incestual and polygamous. The mass media shows the leader as a manipulative person who controls his/her believers as they blindly follow, not knowing the trouble that will certainly find them . cult has become little more than a convenient, if largely inaccurate and always pejorative, horthand for a religious group that must be presented as odd or dangerous for the purpose of an emerging news story. (3) Douglas Cowan and David Bromley show the harsh reality of the way the majority of the media likes to portray cults, probably for better ratings. There are several main cults that are often referenced when researching the topic. The first being The Peoples Temple, the founder Jim Jones had a following of 912, that all died (including him) by cyanide laced drinks in 1978. This was known as the Jonestown Massacre, controversy surrounds it as it is debated hether or not it was a mass suicide or murder. Another commonly referenced cult is Heavens Gate, a UFO doomsday religion that ended in a 39 member suicide in 1997 when the group was attempting to leave earth because they believed it was about to be recycled. To learn and understand what a cult is, I will be define a cult, what features make a cult and who the people are that Join them, as well as discuss the founders of these religions. What is the definition of a cult? Depending on the intent of the author defining the word cult proves a difficult task. The scholars on the ubject of cults seem to have two different approaches when studying this topic. There are those who are a part of the anticult movement and often use the word cult in a negative fashion towards any religion that has formed in recent history. Those apart of the anticult seem to skirt around the subject of defining a cult or explaining what a cult exactly consists of. We are given the feeling as though they do not want to define it as they may cast an umbrella over other mainstream religions that have a similar form. It is even often used to describe popular trends that will upposedly not last, veganism is a term that has been described as a cult fad. You can see how it is almost always used negatively, or as something that has no real substance and will not stand the test of time like other religions have. In contrast, there are those who do not use the word cult but prefer the term New Religious Movements. These scholars have a more objective opinion, and use New Religious Movements to represent fascinating glimpses into the way human beings construct religious meaning and organize their lives to give shape to religious experience. (Cowan, Bromley, 3). It is important to be subjective when using the word cult and for purposes of this paper I will define cult in my own words and state that there is a difference between cults and New Religious Movements. A cult is a form of religion that is deceitful towards its own members with the leader abusing their powers. Although there have been many mainstream religions that have had a leader abuse their powers, it is necessary to point out the ditterence, which is that in a cult the head of the religion is the source of all their religious knowledge and do not have other ways of getting to know the religion without them. In comparison, mass religions have many leaders, many forms of knowledge and you can attain religious beliefs through many forms, not only the one source. Keeping in mind that using the word cult subjectively is imperative to this process, it is still easy to find movements that can be categorized under my own definition of the word cult. These would include the previously mentioned religions of The Peoples Temple and Heavens Gate. When looking at these and other cults there are often many characteristics that they do have in common. It is typical for the cult to have only one leader, .. ho claims divinity or a special mission entrusted to him from Above. (Harrison, 19) A lot of cult leaders use the money from the followers for personal profit. There is a major sense of belonging that comes along with being a part of a cult. There are many religions that also share this but cults often want their members to have this feeling with them alone, and discourage involvement with others who are not in their religion. One author that I found that was willing to at least describe a cult relationship for the purposes of her book was Singer. SHe says there are three actors to cultic relationships, using that term better describes his viewings of interactions that go on in cults. The three factors are as follows: 1. The origin of the group and role of the leader 2. The power structure, or relationship between the leader (or leaders) and the followers 3. The use of coordinated program of persuasion (which is called thought reform, or, more commonly, brainwashing) (7) You can see from the quote that this cultic relationship isnt Just solely related to religion alone, Singer includes cults that are formed around doctrines, theories and pr actices, but states that other esearchers may not identify this exactly as she does. According to the scholars of new religious movements, .. roups that are labeled cults often closely resemble a variety of conventional organizations in which these same characteristics are accepted as legitimate or necessary: communes and intentional communities, convents, monasteries, and other high-commitment religious societies, multilevel marketing organizations and armed forces training and combat units (Bromley, Cowan, 5). There could be many reasons why a person would Join a cult, they could e the same reasons one Joins any faith based group; a person is looking to belong, or meet others with similar morals. A prime reason why a person would Join a cult is that they are not doing this knowing that what they are becoming apart of is in fact a cult. Cults often are established off of a Christian based structure with similar values, and practices. A person may attend a cult thinking it is another sect of Christianity. Members of a cult learn ways to recruit new members, a typical form of recruiting is called love-bombing, where members seek out non-members and shower them ith many forms of attention and affection. Basically, being extremely nice to others with the intent on conversion. Anticult members are quick to let the public know that recruiting for cults can happen anywhere, on campus, on buses and trains, or on the street, letting us know that we can be recruited literally everywhere. In actuality it looks as though most recruitment for cults is done through family members or close friends. When seeing that it is family and friends who do the majority of converting it is easy to see now people would Join. It is not as though the trusted group are trying o harm others by recruiting, they are trying to help and see that others are also going to find the truth in a sense. It is similar to the common practice of missions trips that many Christian religions take part in where they travel to underdeveloped parts of the world, converting people to Christianity and also helping the community in some way. The difference being, hopefully no abuse of power or deceitfulness by the religion. It isnt always understood why one does Join a cult but it is probable to say each individual has their own personal reasons why, and somehow in a way that eligion is giving them whatever it is they may be looking for. Friends? Belonging? Maybe they dont agree with morals of other religions and this cult matches up with the lifestyle that they lead. There is a lot of information pertaining to the large numbers of youth attending cults and New Religious Movements, particularly between the ages of 18 and 22. Lorne L. Dawson describes the demographic of youth as the typical All American boy or girl. A profile of the typical cult member reveals that he or she is white, middle or upper class, with at least some college education and nominally religious upbringing. 85) It might seem surprising that a lot of followers come from this kind of back round, but when looked at a little more in depth you see that often these young adults have either parental issues or have had some sort of middleclass failures. Those with problems in communicating with their parents often look to the leader of the cult for guidance and use them as a parental fgure. Those have failed according to middle class norms seem to be searching fo r validation. A lot of followers Join the cults in times of vulnerability and much needed support from others. While you can say that almost everyone has come from back ounds where they have felt vulnerable at points and needed the support of others, it seems imperative that cults cling on to those who have these types of issues going on as well as the added factor of age to convert potential members. The time of young adulthood is when most people are beginning the process of learning who they are and to have a supportive, flattering, group surround them can be very influential to their life. For most cults there is only one leader although this is not always true, using the examples from earlier, Heavens Gate had two leaders; Marshall Applewhite nd Bettie who liked to be called Ti and Do. Often the leader(s) starts this religion after some form of miraculous religious conversion where they may have had a near death experience or a vision, there are many different stories of leaders getting the call to prophecy. The leaders of cults are always charismatic, and seem to have all the answers. In a time in peoples lives when they are looking for affirmation it is easy to be drawn to someone who knows it all, and can give the yes and no answers. The leader forms very personal relationships with his followers, which sometimes turns sexual. As cults grow the leader is not always able to be so intimate with each member, and this can become problematic for the cult. In response when cults members become larger, the leader will start to segregate himself from the following, only allowing access to certain members who have earned that right. The leader becomes a sort of local celebrity in the eyes of the followers, and like celebrities, their fans stand by them even when arguments against their religious beliefs become even more valid. It is hard to say why a person may start a cult, money could be a huge contributing factor. Or the idea of a group of followers hanging onto every word d by the tounder may be exactly what a true narcissist is looking tor. Out ot all the New Age Religions it is hard to exactly pin point out which ones can be classified as a cult, in history, different Christian denominations have been labelled as cults and paid a price for it. In the nineteenth century The Salvation Army was labelled as a cult and its members were stoned, now it is viewed as a respected and legitimate faith base. So to stamp a religion that hasnt been researched to its full extent can be harmful, and not fair to its members. To be close minded to the idea of new religious movements could erase the idea of religion altogether, as many religions are stuck in the past and not embracing the progressiveness of the times. If a religion is not abusing their powers or being harmful to its members who is to say that it cannot be fulfilling for someone who is looking for more in their life and doesnt connect to mass religions? It is important to teach people to be able to question ideas and to critically think on new and old perspectives, hopefully by doing so people will not so easily be a part of such self-destructive religious groups. I work in the field of homeless and mental health and have met many clients who see themselves as closer to God than the rest of humankind so it is very plausible to me for cult leaders to truly believe that what they are doing is the right way to live, and the only way to live. All religions have outsiders who will say anything to bring that religion into a bad light, it is with great importance that we carefully and kindly dissect the true intent on all religions, not Just new age religions.
Wednesday, January 22, 2020
Economics :: essays research papers
à à à à à The economic problem is simply the process of providing for the material well- being of society.(Heilbroner) In my own words, I feel that the economic problem is simply that there are to many jobs and to many people that are not qualified for the ââ¬Å"rightâ⬠job that they can perform. This then leads to people who do not have the ââ¬Å"rightâ⬠job for them to not work, because they feel that that is not the job for them. This could be a huge problem that eventually leads to unemployment. Also as technology improves we will no longer need people to do the job but machinery. à à à à à Tradition is particular rules that have been adapted to society. This is simply being handed down the family business. There are advantages and disadvantages to this. One advantage is that you are set in a business and really do not have to worry what you are going to do when you get older. But on the other hand there is a disadvantage, being handed down the family business, you are set in that business for basically life and and there is a lack of progress. And progress is the origin of new goods and services. à à à à à When dealing with command there is always going to be someone who is in charge, the one with all the power, the one who says you do this. Command and slavery are tied together. Central authority can help economic progress. Markets are systems that allows individuals to make their own decisions. à à à à à There are two dimensions of production and distribution. One being, to organize a system to assure the production of enough goods and services for its own survival. According to Robinson Cruso this means to be able to live are your own. By doing everything by yourself as opposed to a society working together. And the second dimension being, to arrange the distribution of the fruits of its production so that more production can take place. I think that this basically means to spread the wealth so that
Tuesday, January 14, 2020
The Consumer Guarantees
The Consumer Guarantees Act is a cornerstone piece of legislation. Its role is to protect consumers. Under the Act, your consumer rights are expressed as a series of ââ¬Å"guaranteesâ⬠that a seller automatically makes to you when you buy any goods or services ordinarily purchased for personal use.In this guide, we explain what those rights are, and what to do if you think your rights have been breached. The Consumer Guarantees Act 1993 A Summary Introduction: The Act came into force on 1 April 1994 and does not apply to any contract for the supply of goods or services made before this date (Section 56). It is a significant piece of legislation and is aimed at imposing guarantees in contracts for the supply of goods and the performance of services for the consumers benefit. It provides a right of redress against suppliers and manufacturers in respect of any failure of the goods or services to comply with the guarantees. Definitions: Certain terms are defined in the Act itself (Section 2). These definitions are important in determining in what circumstances the Act will or will not apply. The Act defines ââ¬Å"Goodsâ⬠, ââ¬Å"Serviceâ⬠, ââ¬Å"Supplierâ⬠, ââ¬Å"Manufacturerâ⬠, ââ¬Å"tradeâ⬠, and other terms. The key definition in the Act is ââ¬Å"Consumerâ⬠. This is defined to mean a person who:- (a) Acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption; and (b) Does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of: (i) Re-supplying them in trade; orà (ii) Consuming them in the course of a process of production or manufacture; or (iii) In the case of goods, repairing or treating in trade other goods or fixtures on land.â⬠The definition of ââ¬Å"Consumerâ⬠is unusual and difficult. The focus is the ordinary use for which goods or services are acquired rather than the use intended by the acquiring purchaser. By way of example a contract for the supply of crockery to a company that owns a restaurant will be a contract of supply of goods subject to the Act because although intended for commercial use, crockery is ordinarily acquired for personal, domestic or household use and consumption. As far as the services supplied by travel agents are concerned it would be best to proceed on the basis that virtually all of the services will be viewed as a kind ordinarily acquired for personal or domestic use or consumption with the consequence that the Act will apply to those services. Guarantees: The Act establishes one set of guarantees which apply in relation to the supply of goods and a different set of guarantees which apply in relation to the supply of services. This summary deals only with the guarantees which the Act imposes in relation to the supply of services. TAANZ also has a summary of the guarantees which are imposed by the Act in relation to the supply of goods and if a member has a problem involving the guarantees applicable to supply of goods the member can obtain a copy of that summary by contacting the TAANZ office. Guarantees in Respect of the Supply of Services Where services are supplied to a consumer there are four guarantees provided by Part IV of the Act. These are:- (i) Guarantee as to Reasonable Care and Skill (Section 28). A guarantee that services will be carried out with reasonable skill and care. This guarantee restates in statutory form the existing common law obligations on Travel Agents to exercise the skill and care of a reasonable competent professional travel agent in performing their services. The guarantee does not extend the existing legal obligations of a travel agent to act with reasonable skill and care in the performance of their function on behalf of their customers. Travel Agents had these obligations before the Act was passed. (ii) Guarantee as to Fitness for Particular Purpose (Section 29) A guarantee that the service, and any product resulting from the service, will be reasonably fit for any particular purpose, and of such a nature and quality that it can reasonably be expected to achieve any particular result that the consumer made known to the supplier. This, the second guarantee, is significant and establishes a new liability on travel agents in relation to the performance of services for customers. The Section (Section 29) requires the consumer to have made known his or her purpose to the travel agent at or before the time of making the contract for supply of services for the customer. The difficulty with this particular guarantee is that it is possible that travel agents may be liable for the actions or defaults of other suppliers of product where the other suppliers fail to perform at the levels expected of them. By way of example, if a customer makes known particular needs in terms of a holiday, for example, a resort which contains a golf course and tennis courts, and the travel agent recommends a particular resort as being able to provide those services and facilities, if the resort (for whatever reason) fails to provide those facilities then the travel agent may be liable. Accordingly, this particular guarantee has the capacity to extend the liability of the travel agent to include failures on the part of the suppliers of the actual facilities of travel accommodation. This particular guarantee is modified in part by Section 33 of the Act which states that there shall be no right of redress against a supplier under the Act in respect of a service or any product resulting from a service which fails to comply with that guarantee only as to fitness for particular purpose if it fails to comply with that guarantee only because of any act, or default, or omission of, or any representation made by any person other than the supplier or an agent or servant of the supplier. TAANZ members should nevertheless take special care when they are dealing with a customer who has specified a particular purpose or that the arrangements which are made for him are to have a particular nature or quality or to achieve a particular result. In such cases the travel agent should be aware that if the customer complains that the programme or plan prepared by the travel agent did not satisfy the particular purpose or provide the facilities of the nature and quality specified by the customer then there is considerable potential for the customer to take action against the travel agent pursuant to this particular guarantee. This guarantee will not apply where the circumstances show that the consumer does not rely on the suppliersââ¬â¢ skill or judgment, or, it is unreasonable for the consumer to rely on the suppliersââ¬â¢ skill or judgment. TAANZ members should also ensure that their professional indemnity policy will cover them for breaches of this guarantee in circumstances when they have not been negligent. A more detailed analysis of this section is contained in the case studies which appear at the end of this summary. (iii) Guarantee as to Time of Completion (Section 30) A guarantee that the service will be completed within a reasonable time in any case where the time is not fixed by the contract nor a method for calculating the time provided in the contract. This guarantee is not likely at a practical level to create problems for travel agents. Travel agents do not have problems completing their tasks with a reasonable time frame. Modern technology enables travel agents to carry out reservation and booking work virtually instantaneously and the consumer is frequently advised at the time of enquiry as to whether seats or accommodation are available at the relevant time. (iii) Guarantee as to Price (Section 31) A guarantee that the consumer is not liable to pay to the supplier more than a reasonable price for the service in any case where the price is not fixed in the contract nor a method for calculating the price provided in the contract. When there is failure to comply with this guarantee the consumers right of redress is to refuse to pay more than a reasonable price. Here again the nature of the services provided by travel agents and the basis on which they are remunerated mean that from a practical point of view this guarantee is not likely to be one which affects travel agents in any significant way. Rights of Redress Against Suppliers In Respect of Supply of Services Where the supplier of a service fails to comply with the guarantees a consumer may exercise certain remedies depending on whether the failure can be remedied or not (Section 32). Where a failure can be remedied the consumer may require the supplier to remedy it within a reasonable time. If the supplier neglects or refuses to do so within a reasonable time a consumer may have the failure remedied elsewhere at the suppliersââ¬â¢ cost, or, cancel the contract for the supply of service in accordance with the requirements of the Act. Where a failure cannot be remedied or is of a substantial character the consumer may cancel the contract in accordance with the requirements of the Act or obtain damages in compensation of any reduction in value of the product of a service below the charge paid or payable by the consumer. ââ¬Å"substantial characterâ⬠is defined in the Act (Section 36). In either situation (can be remedied; cannot be remedied) the consumer can claim damages for any loss reasonably foreseeable as liable to result from the failure. The exception is that no right of redress is available against a supplier in respect of a service or any product resulting from a service which fails to comply with the guarantee as to fitness for a particular purpose (Section 29) or the guarantee as to time for completion (Section 30) if the cause is independent of human control or caused by an act or default or representation made by any person other than the supplier or servant or agent of the supplier (Section 33). Right to Cancellation: Once the right of cancellation has arisen Section 37 of the Act sets out the rules applying to cancellation. Cancellation does not take effect until made known to the supplier, or where it is not reasonably practicable to communicate with the supplier, by means which are reasonable in the circumstances. Cancellation may be made known by words or conduct (Section 37). However, where there is a provision in the contract of supply requiring notice of cancellation in writing this provision will apply (Section 37(3)). Where a consumer cancels a contract for the supply of services the consumer is entitled to a refund of money or other consideration paid less any amount the Court or a Disputes Tribunal orders that the supplier may retain (Section 38). Contracting Out: Section 43 deals expressly with contracting out of the Act. The Act is to have effect notwithstanding any provision to the contrary in any agreement (Section 43). To purport to contract out of the Act is deemed to be an offence under the Fair Trading Act 1986 (a false representation) and fines of up to $200,000 for corporations and $60,000 for individuals may be imposed. The principal exception to the prohibition against contracting out is where the supply of goods or services is to a consumer who acquires the goods or services for business purposes. Where this criteria is satisfied an agreement to contract out of the provisions of the Act must be in writing and record that the supply is for ââ¬Å"business purposesââ¬â¢
Monday, January 6, 2020
Sarbanes Oxley Act , And The Portion Of Domestic Antitrust
Sarbanes Oxley Act Lastly, for the portion of domestic antitrust, we will examine the Sarbanes Oxley Act. Enacted in 2002 it increases transparency in accounting. It was designed to prevent accounting errors and fraud in financial disclosures. The SOX act stipulates that the periodic financial reports be carried out in a certain way. The signing officers must review and certify the report prior to release. They are required to make sure all information is clear, true, not misleading and does not omit any important details. The signing officers are also required to evaluate the internal controls and their effectiveness within ninety days of the report. If there are any areas of internal control that are not working or may have issues they must also report this, along with any responsible employees. Finally, they must make sure the financial picture is being fairly portrayed through all of this. Intro to foreign Antitrust It is of upmost importance that as you enter into each foreign market every representative of the company has been well informed of the foreign antitrust legislation as well. This will limit the potential exposures the company undertakes, so we will also be examining laws that govern the Canadian, British and Chinese markets you will be entering. Making sure that all these guidelines are followed will allow for smooth transactions and business in the host country without any cause for repercussions. Canadian Antitrust We will begin by discussingShow MoreRelatedEnron Case Study5921 Words à |à 24 Pageswas convicted on 19 of 28 counts. He was sentenced to 24 years, 4 months in a federal prison. In addition he was ordered to pay $26 million out of pocket to restore the Enron pension fund. The result of Enronââ¬â¢s downfall contributed to the Sarbanes-Oxley Act (SOX) in 2002. 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