Common Sense and Compassion in the Workplace Replaced by Litigation

Ordinarily, human resource professionals across the world spend most of their time trying to understand how best to handle employee relationships in order to protect both the employer and the employees (EEOC, n.d.).Advertising We will write a custom essay sample on Common Sense and Compassion in the Workplace Replaced by Litigation specifically for you for only $16.05 $11/page Learn More Considering that there have been numerous incidences at the workplace requiring the intervention of a legal process, I am strongly convinced that common sense and compassion have slowly given way to litigation. Unlike in the past, where employers and employees dealt with each other through common sense and compassion, the present-day work environment is generally characterized by so much conflict and misunderstandings that have compelled organizations to turn to legal action so as to address workplace problems and protect their public image. For most organizations, confl icts are created by poor communication and failure to tolerate differences that are often noticeable when people with varying ideologies work together. Other conflicts may stem from the challenges that are often faced by employees when it comes to balancing between work and social life. This is especially true in organizations where management has not fully embraced the use of technology and consequently, employees are always required to be physically present at their workstations. For many employees, this is very stressful and creates an imbalanced lifestyle. Unfortunately, this stress spills over to the workplace affecting employees output as well as quality of relationships at work. If not handled well, disagreements between management and other staff may lead to legal action. Generally, great business relations are initially created between employers and employees through the operations of the human resource department.Advertising Looking for essay on business corporate la w? Let's see if we can help you! Get your first paper with 15% OFF Learn More In most cases, expectations are very high that individuals who join the organization as staff will do their work diligently guided by common sense and showing compassion to other employees as much as possible. Over the years, however, the use of common sense and compassion at the workplace fails to prevail and employment laws and regulations begin to take center stage. As a result, most organizations in the United States, as well as other places in the world, are today forced to get familiar with legal, safety, and regulatory requirements that are related to employee rights and privileges at the workplace. In doing all these, human resource professionals are always seeking to protect their organizations (DOL, n.d.). To a great extent, legal action is critical in ensuring that the U.S. is able to protect its workers from any form of discrimination or maltreatment. The various regulatory bodies that exist in the U.S. thus have a common agenda of providing guidelines to be followed by employers in order to safeguard the interests of the U.S. workers and to ensure that no worker is treated unfairly by any employer. Among others, regulatory organizations concerning themselves with employment issues include the United States Equal Employment Opportunity Commission (EEOC), the United States Department of Labor, the United States Department of Homeland Security (DHS), and the Americans with Disabilities Act (ADA) of 1990. Generally, EEOC plays a major role in ensuring that laws and regulations meant to protect employees against different forms of discrimination are enforced by human resource professionals (EEOC, n.d.). According to EEOC, it is inappropriate to discriminate employees based on their religious backgrounds.Advertising We will write a custom essay sample on Common Sense and Compassion in the Workplace Replaced by Litigation specifically for you for only $1 6.05 $11/page Learn More All employers in the United States are therefore expected to accommodate employees without paying attention to religious affiliations. To comply with the requirement outlined by EEOC, all human resource professionals must do everything possible to ensure that no single employee in the United States is subjected to discrimination at any level. It is, therefore, obvious that all individuals tasked with the responsibility of looking into the needs of other employees in organizations must be fully aware of all the laws and regulations in the United States that concern the treatment of workers (EEOC, n.d.). Above all else, human resource professionals must follow keenly, rules and regulations as set by the government of the United States. The U.S. Department of Law, on the other hand, provides guidelines to be followed by employers when making decisions regarding wages and working hours, safety and health matters, and employee compensation among ot hers (DOL, n.d.). The Americans with Disabilities Act effectively requires employers to justify job requirements and criteria for every employee regardless of their physical ability or disability (Perritt, 2003). For most organizations, once a contract between an employer and an employee is signed, they both have an obligation towards each other. The onus, therefore, is on the human resource department to ensure that everyone in the organization faithfully follows existing laws and regulations so as to ensure that the organization does not get sucked into lawsuits in the future.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More In case of any laxity in implementing rules and regulations as set by the government and other regulatory bodies, an organization may end up with a very unhealthy work environment coupled with costly legal processes that may plunge the organization into huge loses (Perritt, 2003). In view of the arguments presented in this paper, it is quite obvious that common sense and compassion in the work place has been replaced by litigation. References Department of Labor (DOL). Summary of the Major Laws of the Department of Labor. Web. Equal Employment Opportunity Commission (EEOC). (n.d). Religious Discrimination. Web. Perritt, H. H. (2003). Americans with Disabilities Act Handbook, Volume 1. New York, NY: Aspen Publishers Online. This essay on Common Sense and Compassion in the Workplace Replaced by Litigation was written and submitted by user Jace Baldwin to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Human services agencies

Human services agencies Introduction Human services agencies can be defined as institutions formed with an aim of providing services that improve the well being of their clients. They are basically involved in providing or assisting in provision of support to people who are in needs in a particular community.Advertising We will write a custom essay sample on Human services agencies specifically for you for only $16.05 $11/page Learn More The support may be in terms of basic requirements such as food, housing, clothing as well as health; physical or mental. Members of a community usually turn to Human Services Agencies for help especially when the situation is beyond their capability. In this case the agency is responsible for bringing back the situation into its normal state. In other word, Human Services Agencies provide physical and emotional needs to people. In order to achieve this, the agency uses the best strategies to address the situation. The most common being mediation an d advocating which in most cases they are used together (Umbreit, 2000). Mediation can be defined as a method of resolving disputes between people by introducing a third party to intervene between them. In this case, the two conflicting parties are assisted in finding a common ground. The third party does not take sides and is required to hear from both parties. Advocacy on the other hand involves a third party who speaks for this/her client. Existing Integration of Mediation and Advocacy within a Human Services Agency U. S. department of Air Force is one agency that integrates mediation and advocacy in conflict resolution. They use their web site to offer information for the human services through Alternative Dispute Resolution Program. Their target population includes researchers, government and members of the Air Force. Through this program, the agency meets the needs of the people using the Air Force resources. In addition, it provides training and professionals who provide supp ort to other people and the government.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More National center for state courts is a Human Service Agency that operates on court basis in relation to alternative dispute resolution. It seeks to address issues from a wide area of contexts including schools, government and members of the public. The core method used in conflict resolution by this agency is mediation. Since it deals with courts, advocacy and mediation are employed especially in civil and criminal cases. U. S. department of justice office of dispute resolution is another human service agency that uses both mediation and advocacy. Their target population is the entire community. It seeks to provide justice for people who have been oppressed. Moreover, it emphasizes on using the best methods in solving the conflicts among people as well as those involving government states (United St ates Department of Justice Office of Dispute Resolution, 2010). Merits of Mediation as a Method of Conflict Resolution Mediation is the best method of offering human services to the parties discussed in the agencies above. This is because mediation employs dialogue in which a given population is given an opportunity to present his/her argument. In this case both parties come up with a solution that favors both sides. It is the best because parties involved are given the power to make decisions unlike other methods in which a third party make decision for them. Mediation provides a win-win situation (Haley and Jacqueline, 1998). Conclusion Methods employed in providing human services should be effective and efficient. Since at the time of employing them the situation is usually worse, they should thrive to better the situation.Advertising We will write a custom essay sample on Human services agencies specifically for you for only $16.05 $11/page Learn More T hey should therefore improve the situation without creating a win-lose situation. Mediation and advocacy method of providing human services ensure that the lives of affected people are made better without exploiting the other party. References Haley, N. Jacqueline, M. (1998). Lawyers, Clients and Mediation: Center for Analysis of Alternative Dispute Resolution Systems. NY: University of Notre Dame. Umbreit, M. (2000). The Handbook of Victim Offender Mediation: An Essential Guide to Practice and Research. San Francisco: Jossey-Bass Publishers. United States Department of Justice Office of Dispute Resolution. (2010). United States Department of Justice Office of Dispute Resolution: Documents. Web.

Ethical dilemma Essay Example | Topics and Well Written Essays - 500 words - 3

Ethical dilemma - Essay Example agreement by society as to whether the decision to have an abortion should completely be on a medical basis without considering the rights of the unborn child. Many religions condemn the ending of life, especially of a defenseless unborn child. The Muslim faith sees life as sacred. The same applies to other religions and hence abortion is strongly condemned. In Kuwait, having an abortion is considered killing the unborn child mercilessly. However, when the life of the person carrying the pregnancy is in danger, the real moral issue as to whether to consider the unborn child as a real human being arises (Lindahl, 1999). Many Muslim faithful in Kuwait view the pregnancy as a person with a soul and hence should be respected as any other human being. In cases where the pregnancy was not planned, or birth control methods did not work, many potential mothers are left with the dilemma of deciding whether to carry the pregnancy to full term or to have an abortion. Reasons for such thoughts could be financial inability to care for the child or the shame of getting pregnant outside marriage. Many such women would opt to have an abortion to avoid the consequences of having to deal with such a pregnancy. Nevertheless, the thought of killing an innocent "child" with the potential of growing into a complete human being does not stop ringing in their minds thus such women are really troubled as to what is the best action to take. Society is bound to shame or completely reject them associating with other people because of such pregnancies, hence such women are forced to avoid such occurrences by having an abortion. On the other hand, their relationship with Allah never leaves them, placing them in very unsure situations as to what is the best way out of such a situation Nurses and doctors are not also left out in this never ending debate on abortion. A religious nurse or doctor might find himself or herself faced with a situation whereby chances of both the mother and unborn

Envo Essay Example | Topics and Well Written Essays - 1000 words - 1

Envo - Essay Example It was however not easy to reduce energy consumption further as I used many appliance as a student in order to carry out my responsibilities effectively. By maintaining my commuter adventures to a minimum by taking public transport only when necessary, my carbon footprint reduced significantly. This implies that if everyone would choose to use environmentally friendly means of transport like use of bicycles and carpooling, the country’s ecological footprint would experience an appreciable drop over a short period. The results obtained from the online exercise make me feel a little bit nervous as they depict an ecological deficiency. This calls for complete overhaul of everyone’s lifestyle if sustainability on earth is to prevail. Actually, the results surprised me the first time I ran my lifestyle through the program but subsequent tests only confirmed my fear. In acknowledging the prowess and detailed calculation by the program, I confidently believe the results are accurate, as it must be using some standard peer reviewed formula to run the online calculation. Besides, the website hosting the program belongs to a renowned environmental body. The footprints of an individual residing in a less developed country will probably project a lower ecological footprint than mine because the person mostly uses natural processes to go about his day for example, consumes more of organic foodstuff and uses motor vehicles less often. They also keep their electricity and water bills to a minimum due to financial constraint. This of course changes my perception of responsible and sustainable living because less developed countries leave behind less ecological footprint, a course worth emulating. On a daily basis, I had been throwing many items some of which were still valuable or needed only recycling of reusing in order to save the effort and cost of obtaining a new one. Some of the

Success Factors in Merger and Acquisition Projects

Success Factors in Merger and Acquisition Projects The introduction of this Proposal as well the dissertation will explain the concept of critical success factors in mergers and acquisition and will investigate how an advisory firm can help in mergers and acquisition and its perspective. A short case organization State Bank of India will be made. The aim is to enlighten the reader about the problem formulation, the brief review of literature, aims and objectives and finally will the research methodology, data collection method, data analysis and conclusion will shown in this proposal. Literature review The essay aims at seeing the in and out sights of what the research will be on the related issues around the thesis of the topic. The literature review aims at exploring the topic Critical Success Factors for Mergers and Acquisition Projects in the View of Merger and Acquisition Advisory Firms. This proposal will be divided into two parts. Mergers and Acquisitions and Mergers and Acquisition advisory firms Critical success factors for the projects The upshot of the review is the intention to develop the knowledge based on the gap which will be recognized through this review. The upshot is concerned with the critical success factors for Mergers and Acquisition projects in the view of Mergers and Acquisition advisory firms. The filed of mergers and acquisition continues to experience dramatic growth. Record breaking mega mergers have become common place. Indeed, while mega mergers used to be mainly an American phenomenon; the current fifth merger wave became truly international merger period. Starting in the 1990s and continuing into next decade, some of the largest mergers and acquisition took place in Europe. This was underscored by the fact that the largest deal of all time was hostile acquisition of a German company by British firm. Economic growth was not only the reason for the large volume of deals throughout the world. Deregulation in Europe and the development of a common European economy also played a role. Nation such as Canada and Australia also exhibited a pronounced higher volume of deals. The picture in Asia is however was different. Here, restructuring and downsizing were more common place as the Asian economy remained week. Companies in Japan and Korea, long protected by their highly re gulated economic structures, now had consider bankruptcy and others forms of restructuring as the means of working out their economic difficulties.(Gaughan, 2002). Moreover, it has been highlighted that mergers and acquisition fail due to negligence at different levels during pre, post and due diligence period of the process. Thus this project would provide the development of mergers framework to facilitate the merger and acquisition process in the banking industry. (Cartwright Cooper, 1993). There are several reasons for those firms might engage in mergers and acquisition. One of the most common motives in expansion. Acquiring a company in a line of business or geographic area into which the company may want to expand can be quicker than internal expansion. An acquisition of a particular company may provide certain synergistic benefits for the acquirer, such as when two lines of business complement one another. A financial factor motivates some mergers and acquisition. For example, an acquirer financial analysis may reveal that the target is undervalued. That is, the value of the buyer may be significantly in excess of the market value of the target, even the premium that is normally associated with changes in control is added to the acquisition price. Other motive, such as tax motives, also plays a role in an acquisition Decision (Gaughan, 2007). Mergers and acquisition, by which two companies are combined to achieve certain strategic and business objectives, are transactions of great significance, not only to the workers, managers competitors, communities and the economy. Their success or failure has enormous consequences for shareholders and lenders as well as the above constituencies. (Sudarsanam, 2003). Mergers Acquisition and Mergers Acquisition Advisory Firms This proposal as well as the Dissertation of Mergers and Acquisition (MA) has brought into being in the literature since last two decades. (Appelbaum et al; 2007). As we hear Mergers and Acquisition in day-to-day basis I investigated that the rise in Mergers and Acquisition is due that fact that its increasing complexity of such transactions taking place day-to-day and time-to-time (Gaughan, 2002). According to (Gaughan and Jagersma, 2005) Merger is the combination of two or more companies in creation of a new entity or formation of a holding company.( European Central Bank , 2000) Acquisition is the purchase of shares or assets on another company to achieve a managerial influence, not necessarily by mutual agreement (Jagersma, 2005). Mergers and Acquisition can be categorized into horizontal, vertical or conglomerate and the transactions will be viewed from the outlook of the value chain. (Ghaughan, 2002) According to (Picot, 2002) Mergers and Acquisition process undergoes three processes: planning, implementation and integration. Planning covers the operational, managerial and legal techniques and optimization. The implementation covers a range of activities starting from the issuance of confidentiality or non-disclosure agreements, letter of intent and ending with conclusion on Mergers and Acquisition contract and deal closure. The last phase is concerned with post-deal integration. This model will be described by Watson Wyatt Model which has also five flows and this model undergoes stages such as Formulate, Locate, Investigate, Negotiate and Integrate. (Glaphin and Herndon, 2000). Mergers and Acquisitions have positioned their efforts on giving the bigger picture of the motives of firms engaging in Mergers and Acquisition transactions. According to (Gaughan,2002) it takes a practical view to firm level he identifies the motives by referring to the theories. His motives are Mergers and Acquisition is a way and means to be considered for the firms to grow on the faster rate Mergers and Acquisition firms have a scope of economic gains as a result of economies on the larger scale Larger the organization can result on Mergers and Acquisition and have a better access to capital market, which can show the way later to a lower cost of capital that is regarding financial benefits etc. Mergers and Acquisition aims at imagined gains which a firm may experience when putting its higher authority skills into target business and practice. According to (Trautwein, 1990) also provides us with a summary of motives and also Trautewein 1990 makes a statement that Mergers and Acquisition marks on Net Present Value. According to (Jansen, 2002) in Picot 2002 Mergers and Acquisition is not a new invention. In 19th century the first time Mergers and Acquisition appeared in the picture. Five mergers and acquisition waves 1880-Y2K will give the timeline of Mergers and Acquisition development. Mergers and Acquisition Advisory firms According to (Piscot,2002) the question arises that which mergers and acquisition advisors a company will need to consult in order to develop joint creative strategies and financing schemes and to look for suitable transaction partners this will be raised during the planning stage of mergers and acquisition process. External advice is sorted out going through different areas like investment corporate finance, commercial law, environment audit etc. (Sundarsanam, 1995) Definition of Merger and Acquisition Advisory Firms In this definition of mergers and acquisition (Sundarsanam,1995) explains that Mergers and Acquisition advisors as investment banks, corporate lawyers, accountants, stockbrokers, strategy consultants, investor relations and public relations consultants and environment consultants. He states that among these entire advisors investment bank plays an important in advisory in mergers and acquisition transactions. Mergers and Acquisition advisory firms role in mergers acquisition transaction According to (PEI Services Ltd, 2006) mergers and acquisition acts as match makers. Mergers and Acquisition follows following services: A valuation of business Marketing in business Assisting with diligence Resolving transaction issues throughout the process Conducting interviews and discussion with acquirers Providing strategic insights and negotiation skills on behalf of the client Creation of the marketing material Handling confidential documents on behalf of the client Solving transaction issues According to (Daniel and Phillip, 2007) mergers and acquisition advisory firms perform the task to increase the market efficiency by cutting down the information asymmetries between the acquiring and target firms. Factors affecting merger and acquisition advisory choice Its clear that mergers and acquisition advisory firms are important but investments banks also play an important role in the key advisors in mergers and acquisition transactions. It looks on the closer outlook at what benefits mergers and acquisition bring to clients and in which situation firms get involve in mergers and acquisition firms in mergers and acquisition process. Critical Success Factors for Projects The proposal as the dissertation literature review will be divided into two sections. Critical success factors are the set of circumstances, facts, or influences which contribute to the project outcomes ( Lim and Mohamed, 1999) Project success criteria are the set of principles or standards by which project can be judged (Lim and Mohamed, 1999). This will explained in detail in the dissertation. Research Aims and Objectives To investigate the main roles of merger acquisition advisory firms associated with merger acquisition projects. To examine the process of conducting a merger acquisition project. To find out the project success criteria for merger acquisition projects To explore from the perspective of merger acquisition advisory firms. RESEARCH METHODOLOGY AND RESEARCH DESIGN The research is the plan of action undertaken by people in order to find our things in a systematic and make it realistic thereby increasing their knowledge. The research can be qualitative and quantitative. (Saunders et al. 2007). My aim of carrying out this research is analyse the relevant information which will be gathered by me. My research could be qualitative, quantitative or it is both based on the situation and the mood of the interviewee. The research will be done based on the interview or filling up questionnaires by a manager of State Bank of India. A research design provides the frame work for the collection and analysis of data. A choice of research design reflects about the priority being to range of dimensions of the research process. (Bryman et al. 2007). Qualitative and Quantitative study will help in which my secondary and primary data will be collected in order to increase the strength of my findings. The research is based o the manager and some of the employees pertaining to critical success factors in mergers and acquisition projects of state bank of India which plays a role of an advisory firm. (Bryman et al. 2007). Sample is the segment of the population that is selected for investigation. It is a subset of the population. (Bryman et al.2007,p182). My way of sampling will be random sampling. Non Probability refers to a sample that has not been selected using a random selection method. Essentially this implies that some units in the population are more likely to be selected than others.( Bryman et al. 2007,p 182) DATA COLLECTION METHOD The purpose of the Data Collection Method is a type of method which has to be conducted; the data is collected more specifically to make this proposal as well as the assignment to make it more realistic (Saunders et al.2007, p131). A semi-structured and in depth (unstructured interviews) are non- standardized. This is often seen in qualitative research interviews (King, 2004). Unstructured interviews are more informal. (Saunders et al. 2007, p312). Structured interview use questionnaires based on prÃÆ'Â ªt ermined and standardized or identical set of questions it is more often related to quantitative research. (Saunders et al. 2007, p312). A semi- structured interviews method is related to qualitative research or quantitative or it can be both. This research is conducted in order to develop the deep understanding about the current issues happening in the organisation regarding the critical success factors of State Bank Of India which plays a role of advisory firms in mergers and acquisition. I will be using any one of them or any two of them for example structured unstructured, or only structured depends on the situation. The interview chosen by me is taken to support the primary data collection from where major findings emerge. The research will be done based on interviewing and filling up questionnaires by a manager and his employees. It is to make the key evaluation on the list of the critical success factors. I will also conduct a questionnaire associated with qualitative or quantitative or it can be both of them in research. This will give the idea and will also cross check with theory and practical. (Saunders et al. 2007, p101). Graphs and charts will be used if necessary to support the primary research. My data collection will be explanatory or it can be descriptive depending on happening situation. Explanatory study is based on a search literature, interview experts in the subject and conducting focus group interviews. Descriptive study is based on to portray an accurate profile of persons, events or situations. (Robson, 2002, p59). Description in management and business research has a clear place. However it should be thought of as a means to an end rather than an end itself. (Saunders et al. 2007, pp 133 -134) DATA ANALYSIS According to (Saunders et al. 2007, pg 473) quantitative data is based on meanings derived from numbers, the collection results in numerical and standardized data and analysis conducted through the use of diagrams. However, Qualitative data is based on meanings expressed through words, collection of results in non- standardized data requiring classification into categories and analysing conducted through the use of conceptualization. The following data will be analyzed as per the discussion that will be organized based on the findings from the both primary and the secondary data. The interviews will play a key role in doing the data analysis. Interviews and questionnaire will result in checking the general and valid analysis. The research will be done based on interviewing and filling up questionnaires by two managers. The analysis is also focus on overview in critical success factors of State Bank of India as an advisory firm in mergers and acquisition projects. Above all will support which will present the detailed discussion with the questionnaire supported. To give the right way of the analysis the data will be presented along with my evaluation and judgments of findings. FORM OF PRESENTATION The concepts will be specific and related with the project. The research document will be in the written form. Black and White colours will be used for this research. Research will be printed. It will be in binded form. Various diagrams and graphs will be used for this research. Flow of the data will be coherent. All the related data will be presented which can help to grasp the ideas and the ideal conclusion can be drawn based on the reliability of the data. Research will start in the simple form of the introduction with the industry and related issues. It will further discuss about the problem issues and different facts will be presented in a proper order. CONCLUSION: After gathering all the information and data the researcher must spend lot of time thoroughly reviewing and evaluating the findings. Once the study is evaluated conclusions must be drawn. With the help of interviews proper theories should be formed which should give an idea about the situations of mergers and acquisitions in banking and financial sector. References: Richardson, P., Denton, D.K. (1996), Communication Change, Human Resource Management, Vol. 35 No.2. Catwright, S., Cooper, Cary, L. (1993) The Psychological Impact of Mergers and Acquisition on the Individual: A Study of Building Society Managers, Human Relation Mar 93, Vol 46. Daniels, K. and Phillips, R.A. (2007) The Valuation Impact of Financial Advisors: An empirical Analysis of REIT Mergers and Acquisition. Journal of Real Estate Research, January- March, 29(1), pp 57-74. European Central Bank, 2000. Mergers and Acquisitions involving the EU Banking Industry- Facts and Implications [online]. Available at www.ecb.int/pub/pdf/other/eubkmergersen.pdf [Accessed 1 July 2007] Gaughan, P.A., (2002) Mergers, Acquisition and Corporate restructuring (3rd edition), John Wiley Sons, Inc, New York. Galpin,T.J. and Herndon, M. (2000) The complete guide to Mergers and Acquisitions, Jossey- Bass Publishers, San Francisco. Jagersma,P.K. (2005) Cross- Border Acquisitions of European Multinationals Journal of General Management 30(3), pp13-34. Picot,G. (2002) Handbook of International Mergers and Acquisitions: Preparation, Implementation and Integration, Palgrave Macmillan, New York. PEI(Private Equity Info) Services Ltd., (2006) Mergers and Acquisition, advisory firms [online] Available at http://www.advisoryfirms.com/?type=1firmtype%5B%5d=Middle+Marketstate%5B%5D=anysearch.x=11search.y=12 [Accessed 04 July 2008] Sunders,M., Lewis, P., and Thornhill,A. (2003) Research Methods for Business Students, Pearson Education Limited, England. Sudarsanam, P.S., (1995) The Essence of Merger and Acquisitions, Prentice Hall, Great Britain. Trautwein, F. (1990) Mergers Motives and Prescriptions: Strategic Management Journal, 11(4), pp 283-295. Lim, C.S., and Mohamed, M.Z. (1999) Criteria of project success: an exploratory re- examination, International Journal of Project Management, 17(4), pp 243-248.

Agricultural Genetic Engineering Essay -- Genes Farming Science Agricu

Agricultural Genetic Engineering The ability to directly modify living organisms is a novel human technology. Since the discovery of the DNA molecule the field of genetics has grown at an astounding rate. We now have the ability to alter organisms to fit our needs. This prospect offers the possibility of solving problems that have plagued humanity for thousands of years. In recent years genetically modified organisms have found many practical applications, particularly in the agricultural sector. Genetically modified organisms in this area, called transgenic crops (TC) are already being implemented on a considerably large scale. The possible benefits of utilizing TC has caused us avoid addressing important moral and ethical issues; commercialization of genetic technology is allowing premature mainstream adoption. It is imperative that we ask ourselves, is it ethical to implement TCs? Background: Some foundational understanding of the technology underlying TC production is necessary to adequately consider the issues at hand. To modify crops biologist use recombinant DNA (rDNA). This consists of extracting a gene producing a desirable trait from one organism and inserting it into the organism to be modified. Taking a gene for a desirable trait from a plant and amplifying its effect is also a method of genetic engineering using rDNA. The sources of genetic material to insert are almost boundless, crossing bounds between species and even forms of life. (1) Production of TC is similar to the practice of hybridization by selective breeding. This method of selecting desirable crop traits has been practiced since the domestication of plants to improve yields. (15p62) TC is a significantly more efficient way to achieve a s... .... Accepts Labeling Rules" Wall Street Journal 10/8/2001 <http://www.biotech-info.net/lift_moratorium.html> (12) "FDA'S Policy for Foods Developed by Biotechnology ", U. S. Food and Drug Administration, 1995 <http://vm.cfsan.fda.gov/~lrd/biopolcy.html#label> (13a) " Monsant vs Schmeiser" 5/22/2002 <http://www.percyschmeiser.com/> (13b) Court Transcript , "Monsanto Canada inc. and Monsanto Company vs Percy schmeiser and Schmeiser enterprises Ltd." 2001 <http://www.percyschmeiser.com/T1593-98-%20Decision.pdf> (14) Lambrecht, Bill , Dinner At the New Gene Cafe St. Martins Press, 2001 (15) McHughen, Alean, Pandora's Picnic Basket Ocford University Press, 2000 (p1)<http://www.colostate.edu/programs/lifesciences/TransgenicCrops/animation.html> (p2)<http://www.colostate.edu/programs/lifesciences/TransgenicCrops/images/cotton.jpg>

Legal and Regulatory Framework

Legal and Regulatory Framework I. The basis of the contract From the coupon attached, we can see the specialist terms as follows: 1. Each person should use only one ticket and not use the ticket in conjunction with other coupons 2. The Minimum consumption should be controlled over 100 yuan. 3. The coupon can’t be used in the holidays. 4. The final interpretation is owned by our company. The standard form contract is a standard document prepared by many large organizations and setting out the terms on which they contract with their customers.The individual must usually take it or leave it: he does not really ‘agree’ to it. For example, a customer has to accept his supply of electricity on the electricity board’s terms; individuals cannot negotiate discounts. I chose a restaurant coupons. An offer is a restaurant A, while offered is the person consumed in the restaurant. An offer is a definite promise to be bound on specific terms . Acceptance is the unqualif ied agreement to the terms of the offer.If the consumer use the coupon, he’ll obey all the terms in the contract, especially the specialist terms. The parties must have reached some sort of agreement. In this case, there are two parties, the restaurant and consumer, who are mentally capable of understanding the nature and effect of the contract. And all of us are not legally restricted protected against making a contract due to absence of capacity or limited capacity. II. The significance of specialist terms in the contractExample: â€Å"Final interpretation of the business† â€Å"Holidays can’t be used† The significance of the specialist term: â€Å"Final interpretation† owned by the business belongs to a typical no-trade clause. The so-called â€Å"company reserves the final interpretation† is obviously beneficial to the the interests of one side who made the contract, but deprives the interests of one party who accepted standard form cont ract. Though a lot of prepaid coupons restrict on ‘holiday' use, but there is no clear ‘holidays' a specific date, it should be understood as legal holidays.But some businesses confuse the concept of â€Å"holidays† and â€Å"legal holidays†. â€Å"Women's Day†, â€Å"Youth Day†, â€Å"Tanabata Festival and other festivals, as well as foreign† Christmas â€Å",† Valentine â€Å",† Splash† should not be included. Business use restrictions on legal holidays other than the festival, they should be on coupons coupon surface indicate, it is best to also clearly indicate the date of the â€Å"foreign holiday. To summarize, these specialist terms will bring the business more profit, so they would like to write this term in the format contract.On the other hand ,the benefit of consumers is badly hurt by these terms, which means that the consumers may pay much more money than they wills and waste the opportunity of using the Coupon indefinitely. III. The validity of two contractual terms in the contract Example1: â€Å"minimum consumption† The validity of the term: The specialist term â€Å"minimum consumption† is unreasonable. Consumers have the rights to choose where to consume or how much to consume.In this sense, the establishment of â€Å"minimum consumption† is illegal, it violates freedom choice of consumers and fair trading rights. Consumers have the right to choose who provides goods or services operators, to choose the types of products or services, to decide independently to buy or not buy any kind of goods, to accept or not accept any other service, but also the right to refuse compulsory transaction of the operators . Example2: † Final interpretation is owned by the business† The validity of the term: This specialist term belongs to a typical no-trade clause.This is to the understanding of a clause of the format of dispute, the businessman easily misleads c onsumers, puts forward the interpretation of the unfavorable to consumers. Task B Legal position: The seller of barrels: Mr. Jackson The consumer: Ms. Charman II. In accordance with Act12. Implied terms about title, etc. (1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied condition on the part of the seller that in the case of a sale he has the right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass. 2) In a contract of sale, other than one to which subsection (3) below applies, there is also an implied warranty that- (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and (b) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. 3) This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have. (4) In a contract to which subsection (3) above applies there is an implied warranty that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made. 5) In a contract to which subsection (3) above applies there is also an implied warranty that none of the following will disturb the buyer’s quiet possession of the goods, namely- (a) the seller (b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person (c) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made. (6) [Omitted].From the implied terms, we can see that Mr Jackson should take the major responsibility, because he did not make barrels from oak. The usage of other materials is a jerry-building behavior, a serious violation of liquorthe barrel of the principle of manufacture of oak. In accordance with Act 34. Buyer’s right of examining the goods (1) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the ontract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. From the case, we can find that Ms. Charman did’ examine the barrels until the win e was fermented. So the consumer should carefully check the barrel before chunks. The consumer should take the legal responsibility, because he had not fulfilled the obligations of a buyer's inspection.In this scenario, Ms Charman told the seller to use oak to do the barrels of wine, because other materials such as wood will affect the taste of wine . But Mr. Jackson guaranteed that the components he used did’ have any questions, so the buyer also acquiesced in his method of making compensation proposed to require the seller, until the wine out of a problem, the buyer did not do what she should do. She also take some responsibility to the inspection of the obligations. III.Implied terms may override express terms in certain circumstances such as where they are implied by statues. Also, this law cares more consumer than the seller. So, Ms Charman can use SALE OF GOODS ACT 1979 [England] to protect her rights. In accordance with Act29. Rules about delivery (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. 2) Apart from any such contract, express or implied, the place of delivery is the seller’s place of business if he has one, and if not, his residence; except that, if the contract is for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery. (3) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. 4) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges to the buyer that he holds the goods on his behalf; but nothing in this section affects the operation of the issue or transfer of any document of title to goods. (5) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour; and what is a reasonable hour is a question of fact. 6) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. So the seller should deliver goods in time, the seller should take full responsibility. Mr. Jackson should take all responsibility on Ms charman, including the wine barrel of money and the loss of money. Ms. Charman compensation must be granted on the basis of the above three pieces of legislation, money should be compensation for the barrel, wine in the barrel, and the loss of part of the fee.