Three pieces of legislation Essay Example | Topics and Well Written Essays - 500 words

Three pieces of legislation - Essay Example The safety here does not only include physical safety but it also includes protection and fortification against hostility and mistreatment. This act sets up certain responsibilities for the management (employers) as well as workers. The management is responsible for producing and executing a harassment and violence policy, for providing proper guidance and training opportunities to the workers, for recruiting people of proper age group, for making availability of emergency products and programs. Moreover the management should also have the health and safety program in black and white. The workers on the other hand are also assigned with certain responsibilities which are; they should take appropriate care of themselves and they should be careful that behavior and attitude should not affect others workers in a negative way, they are bound to pursue the protection measures in the organization, they should take part in the training and guidance programs, they should be very precautious and careful while using the machines they should also put on all the safety measures that are required, they should collaborate with the management and health committee in order to solve health and safety problems.

Statistics for Management Essay Example for Free

Statistics for Management Essay Q1. Define â€Å"Statistics†. What are the functions of Statistics? Distinguish between Primary data and Secondary data. Answer: Statistics: Statistics as a discipline is considered indispensable in almost all spheres of human knowledge. There is hardly any branch of study which does not use statistics. Scientific, social and economic studies use statistics in one form or another. These disciplines make-use of observations, facts and figures, enquiries and experiments etc. using statistics and statistical methods. Statistics studies almost all aspects in an enquiry. It mainly aims at simplifying the complexity of information collected in an enquiry. It presents data in asimplified form as to make them intelligible. It analyses data and facilitates drawal of conclusions. Important functions of statistics: Presents facts in simple form: Statistics presents facts and figures in a definite form. That makes the statement logical andconvincing than mere description. It condenses the whole mass of figures into a singlefigure. This makes the problem intelligible. Reduces the Complexity of data: Statistics simplifies the complexity of data. The raw data are unintelligible. We make themsimple and intelligible by using different statistical measures. Some such commonly usedmeasures are graphs, averages, dispersions, skewness, kurtosis, correlation and regressionetc. These measures help in interpretation and drawing inferences. Therefore, statisticsenables to enlarge the horizon of ones knowledge. Facilitates comparison: Comparison between different sets of observation is an important function of statistics. Comparison is necessary to draw conclusions as Professor Boddington rightly points out.† the object of statistics is to enable comparison between past and present results to ascertaint he reasons for changes, which have taken place and the effect of such changes in future. Soto determine the efficiency of any measure comparison is necessary. Statistical devices likeaverages, ratios, coefficients etc. are used for the purpose of comparison. Testing hypothesis: Formulating and testing of hypothesis is an important function of statistics. This helps indeveloping new theories. So statistics examines the truth and helps in innovating new ideas. Formulation of Policies: Statistics helps in formulating plans and policies in different fields. Statistical analysis of data forms the beginning of policy formulations. Hence, statistics is essential for planners,economists, scientists and administrators to prepare different plans and programmes. Forecasting: The future is uncertain. Statistics helps in forecasting the trend and tendencies. Statisticaltechniques are used for predicting the future values of a variable. For example a producerforecasts his future production on the basis of the present demand conditions and his pastexperiences. Similarly, the planners can forecast the future population etc. considering thepresent population trends. Derives valid inferences: Statistical methods mainly aim at deriving inferences from an e nquiry. Statistical techniques are often used by scholars’ planners and scientists to evaluate different projects. These techniques are also used to draw inferences regarding population parameters on the basis of sample information. Statistics is very helpful in the field of business, research, Education etc., some of the uses of Statistics are: Statistics helps in providing a better understanding and exact description of aphenomenon of nature. Statistics helps in proper and efficient planning of a statistical inquiry in any field of study. Statistical helps in collecting an appropriate quantitative data. Statistics helps in presenting complex data in a suitable tabular, diagrammatic andgraphic form for any easy and comprehension of the data. Statistics helps in understanding the nature and pattern of variability of aphenomenon through quantitative observations. Statistics helps in drawing valid inference, along with a measure of their reliability about the population parameters from the sample data. Any statistical data can be classified under two categories depending upon the sources utilized. These categories are, 1. Primary data 2. Secondary data Primary Data: Primary data is the one, which is collected by the investigator himself for the purpose of aspecific inquiry or study. Such data is original in character and is generated by surveyconducted by individuals or research institution or any organisation. 1.The collection of data by the method of personal survey is possible only if thearea covered by the investigator is small. Collection of data by sending theenumerator is bound to be expensive. Care should be taken twice that theenumerator record correct information provided by the informants. 2.Collection of primary data by framing a schedules or distributing and collecting questionnaires by post is less expensive and can be completed in shorter time. 3.Suppose the questions are embarrassing or of complicated nature or the questionsprobe into personnel affairs of individuals, then the schedules may not be filledwith accurate and correct information and hence this method is unsuitable 4.The information collected for primary data is mere reliable than those collectedfrom the secondary data.Importance of Primary data cannot be neglected. A research can be conducted withoutsecondary data but a research based on only secondary data is least reliable and may have biasesbecause secondary data has already been manipulated by human beings. In statistical surveys it isnecessary to get information from primary sources and work on primary data: for example, thestatistical records of female population in a country cannot be based on newspaper, magazine and other printed sources. One such sources are old and secondly they contain limitedinformation as well as they can be misleading and biased. Secondary Data: Secondary data are those data which have been already collected and analysed bysome earlier agency for its own use; and later the same data are used by a different agency. According to W.A.Neiswanger, ‘ A primary source is a publication in which the data are published by the same authority which gathered and analysed them. A secondary source is apublication, reporting the data which have been gathered by other authorities and for which others are responsible’. 1.Secondary data is cheap to obtain. Many government publications are relatively cheapand libraries stock quantities of secondary data produced by the government, bycompanies and other organizations. 2.Large quantities of secondary data can be got through internet. 3.Much of the secondary data available has been collected for many years and therefore itcan be used to plot trends. 4.Secondary data is of value to: The government help in making decisions and planning future policy. Business and industry in areas such as marketing, and sales in order to appreciate the general economic and social conditions and to provide information on competitors. Research organizations by providing social, economical and industrial information. Secondary data can be less valid but its importance is still there. Sometimes it is difficult toobtain primary data; in these cases getting information from secondary sources is easier andpossible. Sometimes primary data does not exist in such situation one has to confine the researchon secondary data. Sometimes primary data is present but the respondents are not willing toreveal it in such case too secondary data can suffice: for example, if the research is on thepsychology of transsexuals first it is difficult to find out transsexuals and second they may not bewilling to give information you want for your research, so you can collect data from books orother published sources.

Outsourcing in the Automotive Industry

Outsourcing in the Automotive Industry The global automotive industry continues to grow worldwide at about 2.5% annually, driven by increasing car ownership in the developing economies. In the mature economies, including the UK, growth is much lower or even absent (NGAIT, 2008). Because of market proximity and local content restrictions imposed by the Governments of many developing nations who wish to encourage the establishment of local automotive sectors, the vast majority of new manufacturing capacity in the last 6 years to support this growth has been in the BRIC countries and within the EU, in Eastern Europe. Lower labour costs in these developing automotive economies have also stimulated a shift of production eastwards, but this has to date mainly affected the automotive supply base and less so vehicle assembly sites. The UK automotive industry has transformed itself in the last decade from a sector with turbulent labour relations and a poor reputation for quality and productivity to one that is fully competitive. Independent external reliability surveys put UK built cars at the top of the rankings, and productivity and labour relations are among the best in the world. Until the impact of the global financial crisis, the industry was profitable and self-sustaining in Europe and in the UK. Technology and modern management practices have transformed the shop floor environment, and product technology embraces lightweight materials, cutting edge design analysis and visualisation tools and the extensive use of integrated electronic systems to extend digital control to most functions of the car. The climate change agenda is accelerating technological change at an unprecedented rate, and the industry in Europe and the UK has embraced the CO2 challenge and is investing heavily in people and technology to provide innovative solutions while continuing to offer exciting, safe and satisfying products that people want to buy. In 2008, 1.65 million vehicles and 3 million engines were built in the UK, by a diverse range of manufacturers in car, commercial vehicle, off-road and premium vehicle sectors. The vehicle production levels (until the present recession beg an) were relatively stable for some years, but employment has been declining as productivity improved and there has been severe hollowing out of the supply chain. This is important because about 75% of the value of material in a new vehicle is added by the supply chain (NGAIT, 2008). Literature review: Manufacturing outsourcing continuum: There is much debate in the management literature on defining outsourcing (Gilley and Rasheed, 2000; Harland et al., 2005). The definitions of outsourcing relevant to supply chain management emerge from these elements: Outsourcing implies a business relationship between two parties: the outsourcing subject (also called the principal or the client) who makes the decision of whether to outsource or not; and an external outsourcing firm (Arnold, 2000). The objects of outsourcing are general business processes or processes results which might be outsourced (Arnold, 2000; Kimura, 2002). This can include core (e.g. manufacturing, marketing, RD) as well as support (e.g. maintenance, accounting, IT, logistics) processes (Gilley et al., 2004). Outsourcing is not simply a purchasing decision. While all firms purchase elements of their operations, outsourcing is less common and represents the fundamental decision to reject the internalization of an activity (Gilley and Rasheed, 2000). Thus, outsourcing occurs in two situations. First, is when the client outsources objects that were originally sourced internally, resulting from a vertical disintegration decision (Gilley and Rasheed, 2000). Second, when the client sources objects that, although they have not been completed in-house in the past, are within the clients capabilities and hence could have been sourced internally notwithstanding the decision to go outside (Gilley and Rasheed, 2000; Van Mieghem, 1999). The outsourced objects are specific to the client. That is, the outsourced activities are performed according to a plan, specification, form, or design, of varying detail, provided by the client (Kimura, 2002; Van Mieghem, 1999; Webster et al., 1997). Hence, a firm buying an off-the-shelf, standardized component or a suppliers proprietary part is not considered outsourcing, because no customization is performed for the buyer. The client may outsource all or part of a process or process result (Gilley et al., 2004). For example, the outsourcing of manufacturing processes may take the form of a part, component, or a finished product (Harland et al., 2005). Manufacturing outsourcing: Throughout the 1990s a remarkable increase of outsourcing activities by firms has been observed. It has been hypothesized that this increase results from the decline in transaction costs in connection with the intensified use of information technology (Abraham and Taylor, 1996). Today, activities that used to be performed in-house (e.g. auditing, maintenance, repair, transportation, janitorial and legal services) are usually outsourced to firms in the business service sector. Consequently, outsourcing has contributed significantly to the growth of business-related services during the last decade (Fixler and Siegel, 1999). Moreover, manufacturing firms are outsourcing not only services but also internal production. One prominent example is the automotive industry, where some large car manufacturers only perform the final assemblage of major parts whose production is outsourced to external suppliers. Since this type of outsourcing quite often occurs at an international level, it is als o closely entwined with the globalization process (Feenstra and Hanson, 1996). Various aspects of the trend to outsource have been discussed in the academic literature. A large literature starting with the seminal paper by Coase (1937) and papers by Grossman and Hart (1986), Bolton and Whinston (1993) and Grossman and Helpman (2002) examines theoretically a firms decision of whether to produce in-house or to outsource. At the heart of this literature are issues concerned with transaction costs and, in particular, incomplete contracts leading to either vertical integration or specialisation. Lyons (1995) provides an empirical application to evaluate the importance of transaction costs theory for firms outsourcing decisions. The trade related aspects of outsourcing have also attracted increasing attention in the literature. Trade theoretic models such as Deardorff (2001), Jones and Kierzkowski (2001) and Kohler (2001) examine the effects of trade in fragmented products on countries patterns of specialisation and resulting implications for factor prices. On the empirical side recent papers by Feenstra and Hanson (1996, 1999) and Gorg et al. (2001) have analysed the effect of international outsourcing (or fragmentation) on relative wages and labour demand using industry level data for the US and UK respectively. In line with traditional HOS trade theory these papers find that international outsourcing (moving low skill intensive production to low skill abundant countries) leads to increased demand and increases in the wage premium for high skilled workers in the US and UK. Egger and Egger (2001) investigate the effect of outsourcing on the productivity of low skilled labour in the EU using industry level d ata. They find that increases in outsourcing have a negative effect on low skilled labour productivity in the short run, but a positive effect in the long run. Drivers of manufacturing outsourcing: There have been several studies that have examined the motivations for and benefits of outsourcing. Abraham and Taylor (1996) identified three reasons for outsourcing: Savings on wage and benefit payments, Transfer of demand uncertainty to the outside contractor Access to specialized skills and inputs that the organization cannot itself possess. Kakabadse and Kakabadse (2000) report that the main reasons for outsourcing are: Economic: greater specialization in the provision of services, as outsourcing allows economies of scale and the longevity of demand for the activity; Quality: access to skills, the competency and focus of potential suppliers and geographical coverage is increased; and Innovation: improvements in quality through innovation, and the development of new service products, can lead to new demands. Bendor-Samuel (1998) also asserts that outsourcing provides certain power that is not available within an organizations internal departments. This power can have many dimensions: economies of scale, process expertise, access to capital, access to expensive technology, etc. The combination of these dimensions creates the cost savings inherent in outsourcing, because the outsourcing supplier (the organization specializing in a particular business function) has the economy of scale, the expertise and the capital investments in leading technology to perform the same tasks more efficiently and effectively than the internal departments of the outsourcing buyer . Another possible benefit is that outsourcing provides companies with greater capacity for flexibility, especially in the purchase of rapidly developing new technologies, fashion goods, or the myriad components of complex systems (Carlson, 1989; Harrison, 1994). Companies can buy technology from a supplier that would be too expensive to replicate internally. A network of suppliers could provide an organization with the ability to adjust the scale and scope of their production capability upward or downward, at a lower cost, in response to changing demand conditions and at a rapid rate. As such, outsourcing claims to provide greater flexibility than the vertically integrated organization (Carlson, 1989; Harrison, 1994; Domberger, 1998). Furthermore, outsourcing can decrease the product/process design cycle time, if the client uses multiple best-in-class suppliers, who work simultaneously on individual components of the process (Quinn and Hilmer, 1994). Issues in manufacturing outsourcing: The case against outsourcing is based on arguments such as loss of management control, reduction in flexibility and increased costs. For instance, competitive outsourcing requires a high standard of supplier management to avoid the pitfalls of transferring critical functionality, or becoming too dependent on a supplier for day-today performance of vital business functions. In addition, outsourcing can generate new risks, such as the loss of critical skills, developing the wrong skills, the loss of cross-functional skills, and the loss of control over suppliers (Domberger, 1998; Quinn and Hilmer, 1994). The possible loss of flexibility is connected to the typical long-term contractual relationship that is formed as part of an outsourcing agreement, and that during the contract term, the customers business, the available technology, and the competitive and regulatory environment may change dramatically. Thus, this inflexibility is mostly linked to an unyielding and inappropriate contra ct. Although outsourcing is undertaken by many organizations to control or reduce costs, there is some evidence that it does not decrease costs as expected, and in some cases, costs increase. For instance, when an item is outsourced, the assumption is that the suppliers costs and required contribution is less and will continue to be less than the cost of internal provision. A survey based on 1000 managers worldwide by the PA Consulting Group (PACG) revealed that only 5% of organizations gained high levels of economic benefit from outsourcing (PA ConsultingGroup (PACG), 1996) and that 39% of organizations admitted mediocre economic benefit. Also, as outsourcing leads to a re-definition of organizational boundaries and, by implication, structural adjustments involving human resources, these changes incur social as well as financial costs. Although the social costs are transitory and can be mitigated by facilitating the adjustments through the re-training and redeployment of staff with in the organization, their transfer to the supplier organization and ensuing redundancy payouts can still be considerable (Domberger, 1998; Hall and Domberger, 1995). Also, outsourcing can lead to industrial disputes between employers and employees, which in turn can damage morale, trust and productivity. Experts maintain that global supply chains are more difficult to manage than domestic supply chains (Dornier et al., 1998; Wood et al., 2002; MacCarthy and Atthirawong, 2003). Substantial geographical distances in these global situations not only increase transportation costs, but complicate decisions because of inventory cost tradeoffs due to increased lead-time in the supply chain. Different local cultures, languages, and practices diminish the effectiveness of business processes such as demand forecasting and material planning. Similarly, infrastructural deficiencies in developing countries in transportation and telecommunications, as well as inadequate worker skills, supplier availability, supplier quality, equipment and technology provide challenges normally not experienced in developed countries. These difficulties inhibit the degree to which a global supply chain provides a competitive advantage. Cost benefits of manufacturing outsourcing: In the absence of transaction costs, a firm will decide to outsource when the market price for an outsourced activity is lower than internal marginal cost for that activity (Fixler and Siegel, 1999). It is an unresolved empirical issue whether outsourcing actually has a positive influence on a firms performance as is expected a priori. Some case studies have reported that firms tend to underestimate the transaction costs associated with outsourcing. For instance, it has been documented that some firm have again in-sourced activities that were previously performed by external firms, because they were dissatisfied with the quality or because they have underestimated the amount of asset specific investments (Benson, 1999; Gornig and Ring, 2000; Young and Macneil, 2000). A few studies have analysed the impact of outsourcing on firm efficiency (Heshmati, 2002). Although efficiency is certainly an important aspect of firm performance, it neglects the product market performance of firms. Fo r instance, even if efficiency of firms remains unchanged after outsourcing of internal production, higher quality of intermediate inputs might result in higher quality of final products and hence higher sales and higher margins. The lack of empirical studies on the link between outsourcing and firm performance might be also due to a limited availability of suitable micro data for analysing this subject. Theoretical considerations for manufacturing outsourcing: In theory, efficient firms will allocate their resources within the value chain to those activities that give them a comparative advantage (Shank and Govindarajan, 1992). Other activities that do not offer such advantages will be outsourced to external suppliers. When firms engage in outsourcing, they assess the productivity of their in-house service functions and decide to outsource if others can provide comparable services cheaper. Basically, when firms outsource activities and functions related to producing their products and services, they move towards a business strategy based on core competencies, a set of skills and knowledge that helps maintain their competitive advantage in serving customers (Porter, 1985; Sharpe, 1997). Thus outsourcing is expected to imply cost savings relative to internal production or internal service functions. This will be the case if outside suppliers benefit from specialized knowledge and/or economies of scale (Heshmati, 2002). However, recent work by Grossman and Helpman (2002) shows that the choice between continued internal production or an outsourcing decision means taking into consideration more than just production cost differences. According to transaction cost economics, outsourcing is desirable only when transaction costs incurring from asset specificity, incomplete contracting and search efforts are lower than the production cost advantage (Williamson, 1971). In addition, the attractiveness of outsourcing to a certain producer may well depend on how many firms can potentially provide the inputs it needs. As mentioned above, some case studies have also reported that benefits from outsourcing are quite often not derived immediately and that managers tend to overestimate the resulting benefits and underestimate the involved transaction costs (Benson, 1999; Gornig and Ring, 2000; Young and Macneil, 2000). Earlier works: Wasner (1999) presents a state-of-the-art view on the outsourcing process by combining a thorough literature review with two independent case studies of the Swedish aircraft industry (Saab AB) and the electronics industry (Ericsson Radio Systems AB and one key supplier Swedform Metall AB). The first case concentrates on outsourcing of aircraft sub-systems and subsequent in-sourcing of related software activities, whereas the second case deals with outsourcing of radio base station production. However, he argues that the process of carrying out the transfer of an activity from being internally controlled to becoming externally managed is equally difficult because of interdependencies at the operational level. The effects of outsourcing are far reaching in terms of physical, temporal and organisational reach. Physically, because there is an inherent complication of losing control as an activity is turned over to an external supplier. Temporally, because it is difficult to estimate how conditions will change over time. Organisationally, because outsourcing involves converting decisions at the strategic level into actions at the operational level and transferring functions from one organisation to another.

Cure for Axillary Hyperhydrosis Essay -- Sweat Sweating Botox Treatmen

Cure for Axillary Hyperhydrosis Sweating is a natural process for all animals. Broadly speaking, we sweat so that our brains do not overheat. The brain can easily overheat if the temperature rises too high because it consumes a very large amount (twenty percent) of our metabolic energy. The brain and temperature relationship is extremely sensitive because it has been studied that brain damage is apparent if the brain temperature is raised to 106 degrees Fahrenheit. Therefore, in order for the brain to not reach this temperature, there must be a system that moderates the temperature—this cooling system is commonly referred to as sweating. When humans sweat, the surface of their skin is cooled, and the skin is then able to cool the blood headed to the brain. The sweat glands are in charge of carrying out this important system. There are two components to the sweat glands: the apocrine glands and the eccrine glands. The apocrine glands contribute the odor component to sweat and are associated with hair follicles, and the eccrine glands are the actual glands responsible for the secretion of sweat on the skin to lower the body temperature. (http://home.flash.net/~mortongr/sweat.htm) Dr. Richard G. Glogau explained that: â€Å"Eccrine sweat evaporates on the surface of the skin and effects a transfer of heat, primarily by direct conduction from the vascular supply to the skin. Sweating can reach volumes measured in liters per hour,† (1998, p.817). Between two and four million of these glands are found deep in the skin of the palms of hands, in the soles of feet and under the axillary skin. (Glogau, 1998) These glands secrete a very dilute solution of urea and lactic acid (Odderson, 1998). http://www.hyperhidrosi... ...perhidrosis with Botulinum Toxin. Aesthetic Plastic Surgery, 24, 280-2. Heckmann, M., Breit, S., Ceballos-Baumann, A., Schaller, M., & Plewig, G. (1999). Side-controlled Intradermal Injection of Botulinum Toxin A in Recalcitrant Axillary Hyperhidrosis. J Am Acad Dermatol, 41, 987-90. Naumann, M. et al. (1998). Focal Hyperhidrosis: Effective Treatment With Intracutaneous Botulinum Toxin. Archives of Dermatology, 134, 301-4. Odderson, Ib R. (1998). Axillary Hyperhidrosis: Treatment With Botulinum Toxin A. Arch Phys Med Rehabil, 79, 350-2. Odderson, I.R. (1998). Hyperhidrosis Treated by Botulinum A Exotoxin. Dermatol Surg, 24, 1237-41. Schnider, P. et al. (1999). A Randomized, Double-blind, Placebo-Controlled trial of Botulinum A Toxin for Severe Axillary Hyperhidrosis. British Journal of Dermatology, 140, 677-80.

Leading Edge :: essays research papers fc

The Leading Edge Management in organizations today are trying to capture both quality and productivity (bottom line results) from their employees, and are spending millions of dollars in time, capital, and human resources. However, without the proper paradigm shift in leadership roles, which must include a new appreciation on the importance of principled centered leadership that recognizes that people are the highest value in any organization, the investment no matter how great will not accomplish their goals. Managers today have to become more effective in leading and managing their employees. They have to start with a new mind set, change their frame of reference, change how they see the world, how they think about people, and how they view management and leadership. This will bring about quantum improvements in their organization. (Covey) Today's authoritarian style puts managers at a higher level of importance than that of his employees, he makes the decision, gives the commands, and workers conf orm and cooperate, perform and contribute as requested to receive the rewards of pay and other benefits. When managers accept that the "old way" of doing things is not fundamentally the right way, and they shift to a new style that puts principle-centered leadership first, a unique relationship will develop. They will see that people have more creative energy, resourcefulness, and initiative to contribute when they feel valued and their accomplishments are valued. When managers begin to work with the whole person and embrace principles of fairness and kindness and make better use of their talents, than people have a sense of doing something that matters, something with meaning. (Covey) In my organization we are fast paced and deadline driven, each of us has to train and depend on our employees decision making process. I know which of my employees can handle which tasks and set goals for each according to their abilities. I usually get them together in a group to discuss wh at our immediate objectives are. I encourage input from every level, including our part time employees, so everyone feels included and when we achieve goals, everyone wins. We monitor our progress, and meet frequently if a problem arises, and are very quick to praise each other when we have moved closer to our goals. I feel including everyone in this process gives everyone a sense of ownership in the organization. My employees want to contribute, they take great pride in helping in the decision making process, their sense of meaning and worth are just as great a reward as any paycheck could be.

Cattle Ranching and It’s Increasing Affect on Deforestation Essay

One may not look at the hamburger in their hands and automatically think, â€Å"What was done to our environment in order to make this delicious piece of meat?† but it really is a question that any meat consumer should consider. Believe it or not, eating that one hamburger indirectly causes the rate of deforestation to increase every single day! It actually is quite simple how this hamburger affects both our environment and agriculture. In order for meat industries to be able to distribute their products to consumers, they need the cattle to be raised, fed, and grown and of course, cattle ranchers need a place to raise their cattle. In order for these ranchers to have space for the cattle to do so, trees are actually being cut down to make room for these pastures. In turn, one of the largest impacts that the meat industry has on our environment is its contribution to the ever-increasing rise of deforestation all over the world. The thing that most people do not realize is that the land being used to raise the meat that they consume, was once a flourishing forest. This process of deforestation starts when the land inside a forest is cut through to make a reasonable enough size path for a road to reside. Once the area for the road is cleared, commercial farmers will move in and start to grow crops. The problem with this is that rainforest soil is not efficient enough to handle crops that need sustainable soil. Needless to say, the crops do not endure for more than two to three years. More often than not, ranchers use the remnants of these now beaten down crops and grassy fields for their cattle to graze. There are many negative impacts caused by this deforestation and pasture conversion. With every tree cut down and cleared away, carbon dioxide and other greenhouse gases are emitted into our atmosphere and pollute the air. The trees act as a sort of â€Å"canopy† and absorb much of the carbon to convert into woody tissue. Without having trees as tools of absorption, the carbon instead invades the air in which we breathe. Along with deforestation, the actual production of the aforementioned farming and meat industry emits many harmful chemicals into our world. According to Environmental Defense, if every American skipped one meal of chicken per week and substituted vegeta rian foods instead, the carbon dioxide savings would be the same as taking more than a half-million cars off U.S. roads. (Goveg.com). This goes hand in hand with deforestation because the production, from the cutting down of the trees and the processing that must occur, there are many harmful gases, like carbon dioxide, being emitted into the air. Soil degradation is also an outcome of this deforestation caused by the need for grazing land. The soil in the rainforests is very fragile. The different nutrients that the soil gains come from fallen leaves and branches from the trees. The trees also help to protect the soil from the radiating sun and any torrential rain. Native grasses provide few nutrients and little protection for the soil and the overgrazing actually accelerates the nutrient loss and erosion. The worst part is that livestock production compounds this damage, making it irreversible. To put things even more into perspective, here is another frightening fact: it only takes between five to ten years for the overgrazing and nutrient loss caused by cattle and deforestation to turn the rainforest land into an eroded wasteland. An area of rainforest the size of seven football fields is destroyed every minute to make room for grazing cattle (Goveg.com). In contrast to those who eat meat, vegetarians save one acre of trees every year by eating a meat-free diet, thereby saving the need to cut down the trees for grazing purposes (Goveg.com). This is the true because if there is a decrease in the demand for meat, then there is a decrease in the amount trees being cut down since fewer cattle will need room to graze. The next time someone picks up a burger, I suggest you say to them, â€Å"I bet you didn’t know by eating that burger you are also killing acres of trees†¦.† Works Cited Achor, Amy Blount. Animal Rights: A Beginner’s Guide. Ohio: WriteWare, Inc., 1996. Brown, Michael L. â€Å"Limiting Corrupt Incentives in a Global REDD Regime.† Ecology Law Quarterly (2010): 237-267. â€Å"Cattle Ranching and Deforestation.† Live Stock Policy Brief. Food and Agriculture Organization of the United Nations. 13 Sept. 2010 â€Å"Eating For Life.†GoVeg.com: Vegetarian and Vegan Information. PETA. Web. 8 Apr. 2010. . Fox, Michael Allen. â€Å"Vegetarianism and Planetary Health.† Ethics and Environment (2000):163-174.

Force Majeure In Construction Contracts Essay

In handling a project, one of the most important is looking at the project plan. In the project plan, it almost includes all the necessary information from the high level up to not so much low level or details of the project. It is also the starting point of any project which is being initiated mostly by over-all project manager, Project manager must not only look at the financial or what we call budget or the resources that will be needed or even the schedules or time frame of the project. What are most important actually are the main obligations and what do we expect for the contractor, if wee are talking about construction project. Its main obligation and what are not part of their obligation. The most interesting part is what is not their part of work and what are the liabilities that they may have while doing the project as well as after the project. Questions like, what if†¦this happen, are they liable to it? All of the things that would possibly happen must be clearly stated in the contract, because if the building collapses due to an earthquake, what are the liabilities, if there is how it can be measured or be said that they have such liability to the building they have constructed. That is the main purpose of this paper, to discuss clearly what force majeure is, what are the effects to the parties involved and how it can be applied well. What is Force Majeure? Its Scope and Existence Force Majeure comes from French term meaning â€Å"great force† it is a common clause which primarily frees obligation of one or both of the parties from certain liability that are usually unexpected and commonly called as Act of God. These are such as: flood, earthquake, war, snowstorm, etc. Force majeure is not intended for the obligating parties to be excused to certain obligation, this is just intended to have it clearly stated in the contract in order for the parties to be none liable to certain occurrence which are obvious to be not within their responsibility. But, there are some cases wherein force majeure is customized in some projects where liability may also occur and not just claiming all into as force majeure clause which in any case the ruling will all depend on the gravity of the situation and looking again at the written and agreed contract. In other words force majeure is also stated as exceptional matters or events that are beyond the control of either party or overwhelming superhuman events. Like in the case of military, force majeure may be represented by a different meaning. It pertains to an event either it is internal or external, for instance a military vessel that allows to enter normally in another area without restriction or penalty, a very recent example is in the US Navy aircraft that landed at the Chinese territory after a collision with a Chinese fighter, where the aircraft is allowed to land without any restriction, as it was stated under the principle of force majeure. (Force Majeure, 2007). Effects to the Parties As earlier stated the effects of force majeure have provided great effect for both parties. The force majeure clause since it can be drafted differently, it may assume differently. That is why it should be well enlightened with clear use of precise words and must take into consideration the effect of nature and most especially it must include the general terms of the contract. Take for instance in the case of C. Czarnikow Ltd. v. Centralla Handlu Zagranicznego Rolimpex (1977) the English Court of Appeal held the defendants could in the circumstances of the case rely upon a force majeure clause which provided that if delivery was prevented, inter alia, by ‘government intervention beyond the seller’s control’ the contract would be void without penalty. But in some cases, employers or contractors may be relieve from their main responsibility like another example is when the union of the company set a strike. Another good example is when the contractors may ask for extension of the project, due to devastation of typhoon in the construction site, which is most likely very logical. But the over-all effect of these situations will be tremendous since it would impact the plan of the company. But, the company and contractors, must still need to double check clearly if what was agreed upon in the contract, is the situation really covers and part of the force majeure clause or not. Because, there are certain instances that it would still be part of the liability of the party or parties. (Hussin, Abdul Aziz, n. d. ). Force Majeure in Contracts It is very clear based from it sets of meaning and rules that there is no damages that are recoverable from a party who has been prevented from performing their contract by force majeure. That is why an event that will not be force majeure except: (1) it makes performance of the contract impossible; (2) it was unforeseeable; and (3) it was irresistible, both in its occurrence and its effects. Importance of Force Majeure The main importance of force majeure clause in a contract, most especially in a construction project is that it does not only provide a clear cut obligation for both of the parties. It also gives a deeper understanding by both parties, what are must to be included in the force majeure clause and what are not. Because, not all must be included or else there are times wherein contractors may also be just relieving themselves to certain obligation which might come and with that it will be an unfair treatment for the requesting company. Like for example, a coal supply agreement, the mining company may seek to have â€Å"geological risk† included as a Force Majeure event, however the mining company should be doing extensive exploration and analysis of its geological reserves and should not even be negotiating a coal supply agreement if it cannot take the risk that there may be a geological limit to its coal supply from time to time. The outcome of that negotiation, of course, depends on the relative bargaining power of the parties and there will be cases where Force Majeure clauses can be used by a party effectively to escape liability for horrific performance. The General Effect of Force Majeure To further understand force majeure concept, these are the many general effects of force majeure: (1) neither party will be liable if it is prevented from performing its operation by a force majeure event; (2) a force majeure event is something external to the parties (such as an â€Å"act of God†, or disruption to their equipment or machinery); (3) the event should be both beyond their control and such that they could not have prevented the event, or the consequent failure in performance, by the exercise of due diligence; (4) an obligation to pay money will not be suspended by a force majeure event; (5) the party affected by the force majeure must notify the other party and use due diligence to remove the disruption and resume performance of its obligations. In other words, the effect must be beyond the control of both parties and the other party must know the situation in order to also make some adjustment on the issues. (Adlam, JG, 2007). Maui Gas Contract In the company’s contract, it clearly defined and enlisted the following situations or events that will be part of the force majeure clause, and these are: acts of God, strikes, lockouts or other industrial disturbances, acts of the Queen’s enemies, sabotage, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, floods, storms, fires, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage of or accident to machinery or lines of pipe, freezing of wells or delivery facilities, well blowouts, craterings, the order of any court or governmental authority, the necessity for making repairs to or reconditioning wells, machinery, equipment or pipelines (not resulting from the fault or negligence of such party), or any other act or omission occasioned by any cause beyond the control of the party invoking this Article. But it has to be well observed and studied if both parties did not perform negligence towa rds its duty. Because if there will be cases proven that there are failure in the duties made by either parties and at the same time reasonable. There will also be no such condition or occasion affecting the performance of this Agreement by any party shall continue to relieve the party affected thereby from liability or to hold in abeyance a cause of action, after the expiration of a reasonable period of time within which by the use of due diligence such party could have remedied the situation preventing its performance, nor shall any such circumstance or occurrence relieve any party from its obligation to make payment of amounts then due hereunder nor shall any such circumstance or occurrence affected thereby from liability or hold in abeyance a cause of action unless such party shall give notice of such circumstance or occurrence in writing with reasonable promptness; and like notice shall be given upon termination of such circumstance or occurrence. (Adlam, JG, 2007). Atlantic Paper Stock Ltd. v. St. Anne-Nackawic Pulp & Paper Co. , decided by the Supreme Court of Canada in 1975. In this case the mill company had a force m ajeure clause in a contract with the company that supplied waste paper. The force majeure clause excused the mill from purchasing its required amount of waste paper as a result of an act of God, the Queen’s or public enemies, war, the authority of law, strikes, the destruction or damage to production facilities, or the nonavailability of markets for pulp or corrugating medium. The latter condition became important when the markets failed. It was necessary for the court to determine the meaning of this event. The Chief Justice comments on interpretation of force majeure clauses have shaped all subsequent cases. An act of God clause or force majeure clause, and it is within such a clause that the words â€Å"non-availability of markets† are found, generally operates to discharge a contracting party when a supervening, sometimes supernatural, event, beyond control of either party, makes performance impossible. (Construction Contracts: Defining & Shifting the Risk, 2004). Application of the Interstate: and Sales Full Disclosure Act to Condominium Projects and Single Family Homes This is with regards to contract provision and circumstances of non-performance as well as the focus on force majeure clause. That it must be carefully stated in order to ensure that they will not be interpreted by courts as undercutting the obligation to complete construction within two years. As with limitation of damages sought by purchasers, state law controls in determining whether or not a specific provision undercuts the seller’s obligation to complete construction within two years. In this project the possibility of impossibility of performance due to unexpected and uncontrolled event is limited. Because this can only happen if one of the party completely discharged its obligation under the contract. The only recognize part of force majeure in this case may come from â€Å"bad whether† which may also cover some instances or events that may affect the implementation of the projects, such as earthquake, flood, strikes, fires, etc. In other words, it was clearly stated that non-performance may not be possible to be part of the force majeure clause since it can only happen if one of the partner completely abandoned or removed its obligation while the list of events that will be covered under force majeure was clearly to avoid confusion. (Chasnow, Robert, 2007). Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074 This case was actually between Yugoslavian company and Hungarian Company. The Yugoslavian company sold and delivered caviar to a Hungarian company. Based on their agreed contract â€Å"the buyer has to pick up the fish eggs at the seller’s address and take the goods to his facilities in Hungary†. Payment was due two weeks after the delivery of the goods, at which time the UN embargo against Yugoslavia took effect in Hungary. The seller assigned the claim for the price of the goods to a company located in Cyprus. The buyer acknowledged the assignment, but could not pay on the basis that the UN embargo was a force majeure. The arbitral court found that the damage caused by force majeure had to be borne by the party to whom the risk had passed the buyer. In this connection, the arbitral court found it necessary to point out that the risk of freight had to be borne by the buyer, unless the contract of the parties or the applicable law provided otherwise as stated in article 67 of CISG. The [buyer] could not be exculpated by proving that the damage was owing to an act or omission of the seller based from the article 66 of CISG. The result was that the court held that the buyer was obliged to pay the price of the delivered goods with interest. (Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074, 1996). Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447 In this case the Antillean Rice Mills exports rice from the Dutch Antilles to the EC Council Regulation No. 304/97 which has introduced a safeguard measure in the form of a tariff quota for the period of 1 January to 30 April 1997. The safeguard measure was justified because of the instability of the Community market of a certain type of milled rice, Indica, which was being sold at a price considerably lower than the intervention price. Antillean Rice Mills brought an action for annulment of the aforesaid Regulation before the Court of First Instance and asked the Court to suspend its application during the course of the action. The applicant argued that if interim measures were not granted, the company risked suffering serious and irreparable harm; first because it would have to dismiss 80 out of a total of 117 employees, with consequent loss of know-how and, second, because it risked losing its business relationships and market shares due to the impossibility of satisfying the orders of its clients. The Court dismissed the application on the basis that the applicant failed to prove the irreparable nature of the damage caused by the immediate implementation of the measure. According to settled case law, `damage of financial nature is not in principle considered to be serious and irreparable’, unless the alleged damage threatens the existence of the company concerned or it cannot be quantified. The alleged temporary loss of productivity with the consequent restructuring of the company and loss of market shares were not found to be irreparable damage that could not be rectified by appropriate compensation if the Regulation was annulled. Second, the suspension would deprive the Regulation of its effectiveness in the event that the main plea was dismissed and the Regulation upheld. If low-price rice imported from the OCTs continued to overflow the market, the Community rice producers would have no incentive to change over to Indica rice, which was the purpose of the safeguard measure. In this situation, since permanent damage was not proved, the Court upheld the Community interest in the direct application of the actions. (Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447, n. d. ). Conclusion In this paper it shows that force majeur does not immediately means that it can derived from an event that are beyond the control of the parties or act of God, like earthquake, flood, etc. It can also include certain damage to production, like machine breakdowns and strikes by employees. It also stated here that force majeur must be carefully studied and validated before any project may be started. Obligations of both parties must also be specified in the contract in order not to encounter confusion on what is really part of the force majeure clause and those that are purely obligatory to both parties. References Adlam, JG. â€Å"Force Majeure Events Commercial and Legal Consequences. † Ministry of Economic Development – Crown Minerals. 28 August 2007 â€Å"Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447. † International Trade Developments, Including Commercial Defence Actions XIII. n. d. Chasnow, Robert. â€Å"Application of the Interstate :and Sales Full Disclosure Act to Condominium Projects and Single Family Homes. † Holland+Knight. 2007 â€Å"Construction Contracts: Defining & Shifting the Risk. † Stewart McKelvey. 7 July 2004 â€Å"Firma Milch-, Fett- und Eierkontor GmbH v Bundesanstalt fur landwirtschaftliche Marktordnung, Reference for a preliminary ruling: Verwaltungsgericht Frankfurt am Main – Germany, Butter from stock – Force majeure. † European Court reports 1979. 1979 â€Å"Force Majeure. † Wikipedia: The Free Encyclopedia. 18 October 2007 < http://en. wikipedia. org/wiki/Force_majeure> â€Å"Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074. † CISG Case Presentation. 1996 Hussin, Abdul Aziz. â€Å"Force Majeure Clause. † University Sains Malaysia. n. d. Eriksen, Eivind. â€Å"Terrorism and Force Majeure in International Contracts. † Bond Law Review. 2004