Applying Organizational behavior when motivating employees Research Paper

Applying Organizational behavior when motivating employees - Research Paper Example In relation to the rapidly growing global business environment, marketers have been widely witnessed to implement a number of strategic measures in order to keep the workforce more optimistic with regard to their specific roles and responsibilities within the organisation. In this regard, Organisational Behaviour (OB) has long been observed to play an essential role for the entrepreneurs to develop strong workforce in accordance with the vision and postulated business goals (Tishman et al., 2012). Emphasising the notion of OB to play as an essential role in employee motivation, the primary objective of this report is to critically analyse the practice of OB by United Healthcare (UHC) while empowering performance and long-term relationship of the employees within the organisation. In this regard, the report intends to critically assess the key principles and practices of OB that are highly practiced by UHC to keep the employees satisfied within their respective job roles. In order to critically identify the importance of OB in employee motivation, the report would also ascertain key influencing factors that can enable UHC to successfully satisfy its employees along with their expected performance within the organisation. UnitedHealth Care (UHC) is considered as one of the largest and prominent health carriers across the United States. The organisation is a major part of the UnitedHealth Group Inc., one of the largest and diversified healthcare organisations in the global managed health care industry. Founded in the year 1977, UHC tends to involve a wide array of advanced healthcare systems and procedures to provide extensive services to the clients located in different regions across the globe (1UnitedHealth Group, 2013). With respect to the recent financial year, the group has been recognised to ascertain revenue earnings of US$ 111 billion in the financial year 2012,

A Stranger to Marxs Estranged Labor Essay Example | Topics and Well Written Essays - 1750 words

A Stranger to Marxs Estranged Labor - Essay Example Karl Marx's Theory of Alienation gives us an idea about the dehumanizing effects of capitalism that affects the worker in the society. Marx's idea of worker alienation pertains to the worker being deprived of all his fundamental human qualities as a result of the production process.As the society develops, people become alienated and estranged from his work, his being, and his society. In his essay â€Å"Estranged Labor† from the Economic and Philosophical Manuscripts of 1844, Marx saw how the whole society must falls apart into two classes — property owners and propertyless workers. As a writer and journalist struggling to make a living, his observations on Germany’s poor and oppressive condition greatly influenced his writing ideas (Wheen, 2001). Marx saw how rich factory owners have set antagonistic conditions towards workers who are subjected to a mechanized process of production. He argues that in contrast to the pre-capitalist period wherein the worker owns the means and ways of production, the workers in capitalist societies have no control over the entire production process. As a result, Marx observed that â€Å"the object which labor produces confronts as something alien† because the product does not belong to the worker anymore. This paper aims to examine the capitalist society’s alienation of the worker and how our modern society alienates the worker from his product, its labor process, from his fellow workers and eventually from himself. By looking at the four aspects of alienation, I will be able to examine and apply his ideas in relation to my work. In this way, I will be able to verify the truthfulness of his ideas in my own experiences at the workplace. Estranged Labor: The Wordplay The word â€Å"estranged† is peculiar. It’s from a late 15th century old French word estranger which means â€Å"to treat as a stranger† or extraneus in Latin (Barnhart, 1988). Nowadays however, the word has tak en a different form to mean from â€Å"being removed from customary environment or associations† to a more interesting definition â€Å"to arouse especially mutual enmity or indifference in where there had formerly been love, affection, or friendliness† (Mirriam-Webster, 2011). It is this later form that Marx uses in his theories, and what he thinks will eventually lead to the uprising of the workers. From Small Shop Owners to Factory Workers The idea about the worker being alienated from the product, the process, his fellow workers and eventually from himself is understandable. In pre-capitalist society a worker would start his day by producing his own goods at his shop. It could be a weapon, a shoe, a tool or a simple an agricultural commodity. He would set out in his own speed and choice of production process. He would be able to change his production method or style as he communicated with his buyers. He would choose a payment to satisfy his own simple lifestyle an d to make sure that he had enough money to function in society. If he needed more money he might improve his products, perhaps develop new designs or qualities to enhance the function of his product. He would always be in close cooperation with the people around him and the society as he is greatly dependent upon them for the growth and development of his business. The kind of society I just described differs a great deal from the society we live in nowadays. Modern workers are not a part of the development process of the products they make. Usually, people produce things now in factories where they perform repetitive and closely monitored labor tasks by their managers and employers. This makes the entire process of work â€Å"impersonal† or â€Å"alien† to the worker. Worse, they are most often paid a low salary that does not reflect what they produce, but manages the capitalist to make a hefty profit. There would most often be fierce competition among fellow workers to get bonuses or a less meaningless job function. From this comparison over the state of workers in

The Impact of Leadership on Business

The Impact of Leadership on Business This essay will discuss the impact of leadership on businesses. Leadership concepts can be categorised into three main theories. Transactional leadership which is mainly applied in a relatively stable situation, Transformational leadership which can be well used in an atmosphere where big changes have happened and contextual leadership which is used in a constantly changing and chaotic situation. Therefore the main difference is the environment within they function. Good and effective leadership has many details which are going to be described trough appropriate academic theories. Leadership has many aspects such as attitude towards objectives and operations or representation of the company. All of these aspects link together in order to achieve competitive advantage. Probably the most important factor is the influence of leadership on other members of the business, particularly on the followers. The main body of the essay will investigate how leaders behaviour and attitude navigates the company trough controlling employees. There are many opinions about which extent leadership describes a pattern of behaviour, a bundle of personal characteristics or its role fulfilled in a group. This part of the essay will give a better understanding of these criteria, however it must be pointed out that there is not a perfect answer for that, because of the waste number of academic arguments on this topic. In its essence, leadership in an organizational role involves (1) establishing a clear vision, (2) sharing (communicating) that vision with others so that they will follow willingly, (3) providing the information, knowledge, and methods to realize that vision, and (4) coordinating and balancing the conflicting interests of all members or stakeholders. A leader comes to the forefront in case of crisis, and is able to think and act in creative ways in difficult situations. Unlike management, leadership flows from the core of a personality and cannot be taught, although it may be learnt and may be enhanced through coac hing or mentoring. (www.businessdictionary.com) The popular view is that it does matter who is in charge, leadership quality determines the performance of the group and poor group performance can be overcome by leadership. A group of people is capable of working on their on, but only in a limited extent. Sooner or later one or more individuals will arise from the team because they think differently or imagine the solution in other ways. External factors will also cause the team to change in structure, for example someone has to represent the group and it is also necessary to monitor the tasks, consequently a member has to take responsibility. Without an appointed leader the management would be extremely difficult in an organisation. Living examples are all around us, the parliament, educational institutions, and successful businesses all with appointed leaders. There are some; however who believe in contrary view and argue that it does not matter who is in charge because there is n o real power (Chester Bernard) and that there are few differences between leaders and followers. (Skogdill 1949, Mann 1961) The contingency theory explains that the effectiveness of leadership depends on situation and Pfeffer (1978) argues that the group performance is determined by factors beyond the power of the leader. However the belief in the importance of leadership gives us comforting illusion of control. The theory further explains that there is not a best way to lead and in certain new situations the well developed leadership style may not be successful. This may result in certain very successful leaders become ineffective when they are transplanted into another situation or when the factors around them change. (www.snc.edu) This statement refers to how great leaders who were very successful made wrong decision when the business changed. A good example is Jurgen Schrempp and Robert Eaton, the CEOs of the Daimler-Chrysler merger. Both of them were very effective leaders in t heir own companies. These organisations are famous worldwide so naturally the leaders enjoy a prestigious position which assumes that they are people who really are the best and do not make mistakes. However, when the merger began and the cultural differences occurred, the lack of adaptation of leaders led to failure. Contingency theory does not differ much from situational theory because both assume that there are more options about the right way to do things. Situational leadership assumes that the best action of the leader depends on a range of situational factors. Contingency theory involves a wider view which includes contingent factors about the individuals capability and situational theory focuses on the behaviour of the leader in different situations. (www.changingminds.org) For example in a given situation the good leader will not act in a single style i.e. transactional method but will be able to adjust his behavioural pattern so he makes the most out of the situation. A c lear example is the army where leadership is highly situational complemented by transformational effects. Soldiers without motivation are performing totally differently and just a little lack of performance can lead to total failure, meanwhile the general or whoever is in command needs to adapt to the current situation quickly and reasonably as possible. There are many aspects which will influence the decisions such as the capability and motivation of followers and their relationship with the leader. External factors such as stress and mood will also affect the leaders behaviour. Yukl (1989) distinguishes between six main variables: Subordinate effort: the motivation and actual effort expended. Subordinate ability and role clarity: followers knowing what to do and how to do it. Organization of the work: the structure of the work and utilization of resources. Cooperation and cohesiveness: of the group in working together. Resources and support: the availability of tools, materials, p eople, etc. External coordination: the need to collaborate with other groups. (www.changingmins.org) According to Tannenbaum and Schmidt (1958) there are three main forces which influence the leaders decisions and actions. These forces are present in both the leader, followers and in the situations which causes the leaders behaviour variable. Liputt and Whites (1943) research on after school club shows that leaders adopted one of three leadership styles which affects the performance of the members of the group. These are: Autocratic, whereas followers are just told what to do and good performance is only achieved when the leader is present. This style involves low morale. Laissez faire style can be described with the phrase just let people get on with it, meaning there are no strict instructions. In this case there is a moderate moral and the performance is generally low and only rises when the leader is absent. The Democratic style provides the best results -high morale and perform ance and it is achieved by involving people in the decisions and encouraging discussions. There are radical examples for these styles out there. One of the simplest is politics. Parliaments in most of the countries operate in a democratic style. People work together and they are equal but a formal leader is present. Whereas in autocratic societies it is inevitable to notice low moral in certain groups and opposition towards autocratic parties. Zaccaro, Fotit and Kenny carried out a research questioning what kinds of people occupy leadership positions: (Four Tasks Model) Do the same people emerge as leaders irrespective of the task, or does it depend on the task? (This leads back to contingency theory.) Participants completed Snyders self monitoring scale and the results show that only individuals who are able to be flexible can emerge as leaders across different tasks. Lord and Alligers meta analysis shows, (1986) (A meta analysis treats all evidence as if it came from a single study using statistical techniques) that same people will not always make good leaders and they will not be always preferred in different groups, same kinds of people will not become leaders in real organisations -but it depends on situation and factors influence perception of leadership. (Contingency theory) Leadership is positively associated with quality of speech, quality of ideas and friendliness (Malloy and Ianowsky 1992) Leaders acquire their positions in different ways. It could happen by seizing power by force, which is called usurpation or it can be inherited. Other ways are election/popular acclaim or appointment. It is essential to investigate how leaders emerge and what kinds of people become successful in this position. One of the theories discussing this topic is the Great Man Theory. It assumes that à ¢Ã¢â€š ¬Ã… ¾Leaders are born and not made and great leaders will arise when there is a great need. (www.changingminds.org) Studies on leadership in the past examined individuals who were already great leaders. There were almost always from aristocracy because it was difficult for lower class people to emerge amongst the ranks of society. However there are exceptions such as Robin Hood. He represented a very appealing organisational vision and he gained a waste number of followers via communicating the right policies. He created a very successful organisation by advertising his company values, so successful that even the present formal authority which represents for example a big competitor company had troubles gaining market share. This suggests that the quality of leadership is indeed what wins in business. The notion that great men would arise in the time of need often bare mystical aspects and it was easy to justify by mentioning historical characters such us Churchill or Jesus. Many studies discuss which kind of personalities are the best suited for leadership positions. Leaders are generally good in handling people but this does not necessary mean being friendly over the top. Keeping a bit of distance can keep up the respect and authority. While leaders, especially transformational ones tend to care a lot about the feelings of their followers, it does not mean that they would not be task oriented. They are indeed achievement focused but they realise the importance of filling up followers with enthusiasm in order work together towards the vision. The work of Hua Gu ofeng represents (leader of China for a perioid after of Maos death) real transformational leadership. He himself did not take credit for his work that caused fundamental changes in the governance of the nation but instead aimed to influence many others to work towards his vision. The Trait Theory assumes that People are born with inherited traits. Some traits are particularly suited to leadership. People who make good leaders have the right (or sufficient) combination of traits. (www.12manage.com) There are several researches about these traits, usually studying great and successful leaders. According to McCall and Lombardo (1983), there are four main traits and Stogdill (1974) summarised the typical traits and skills a good leader probably possesses. à ¢Ã¢â€š ¬Ã… ¾Emotional stability and composure People with these characteristics are able to handle stress, they are self confident, organised and cooperative. A leader should be adaptable to situations, learn from their mistakes instead of covering them up. Good interpersonal skills are a requirement; the leaders manner of speech has to be diplomatic, fluent, intelligent and able to persuade others. It is essential to have knowledge about many areas, to be assertive and reactive to social situations and be a ble to take responsibility. It is undeniable that leadership skills can be coached and an individual can learn to become a better leader and some argue that situational factors are much more important then inherited characteristics. An interesting study about twins who were separated at birth however reveals that there are far more genetically inherited traits then previously supposed. Another interesting fact that many historical leaders lived with some handicap that they had to overcome. It could be traumatic childhood or reading problems or just being relatively short compared to others. There are very well known examples such as Hitler or Napoleon. According to Bales (1950) leadership has two key roles and one individual can not occupy both. Task specialist persons offer opinions and give directions in task oriented aspects of group life, and socio emotional persons respond and pay attention to feelings of other group members. According to the Contingency theory leadership effectiveness depends on situation. Fiedler (1965) differentiates between three contingencies: The first is about the quality of leader-member relation, the second is task clarity and the last one speaks about the amount of power the leader has. Combinations of these contingencies determine which side is most effective. According to Tetlock (1979) the behaviour of the leader is critical does the leader encourage open discussion or not? Group decision making involves two main aspects: The risky shift: groups tend to recommend risky alternative rather then the individuals. Polarization: tendency for groups to make decision that are more extreme than the indivi dual members initial decision in the direction favoured by the mean. Polarization has four aspects: social comparison, persuasive arguments, self categorisation and repeated attitude expression. Sanders and Barens Social comparison model: Comparing behaviour and opinions with thoughts of others in order to establish correct (socially approved) way of thinking. People are influenced by information that supports their decision and thus become more extreme in their view. This is called persuasive arguments. (Burnstein and Vinokur) When talking about Transformational leadership, various theories overlap both operationally and conceptually. Bass Transformational Leadership Theory assumes that à ¢Ã¢â€š ¬Ã… ¾Awareness of task importance motivates people and a focus on the team or organization produces better work. Others like Burns argues that à ¢Ã¢â€š ¬Ã… ¾Association with a higher moral position is motivating and will result in people following a leader who promotes this. Working collaboratively is better than working individually. (www.changingminds.org) He describes transformational leadership as à ¢Ã¢â€š ¬Ã… ¾a process where leaders and followers engage in a mutual process of raising one another to higher levels of morality and motivation.' In general transformational leadership assumes that individuals will follow inspiring people. Someone with a vision and passion can reach goals and it is possible to achieve great things with enthusiasm. A good example is Mahatma Gandhi. He satisfied the needs of his fo llowers, while remaining loyal to a higher purpose instead of using his position to seize power. His visions about a greater good and not about himself were passed on to many of his followers. To work under a transformational leader may be a very good experience because such leaders are interested in success of others and they carry out their job utilising a great deal of energy. The first thing transformational leaders begin with is to develop a clear vision and plan the future which will motivate potential followers. Selling the vision is the second most important factor. This takes commitment and some people need more time to join but many individuals follow radical visions quickly. Therefore a transformational leader will use every opportunity to convince others to follow and these aspects all contribute towards winning in business. The leader has to be very careful who he trusts and in creating trust and personal integrity is critical because they are not only representing the vision but selling themselves as well. Looking forward on the way may be differ, some leaders already know the right path and simple needs others to follow, some do not have a developed plan but are willing to explore possibilities towards success. The important fact is to make progress and to accept occasional failures. The transformational leader who has a developed vision knows the direction and will be satisfied as long as progress is being made. Transformational leaders will want to represent their group and are always visible. This is the last stage during the development of the vision. They are acting as a role model by their actions, showing how their followers should behave. They also put constant effort into delegating and motivating their inferiors and listening to their opinions. According to Bass charisma is important but not sufficient. Leaders with such attribute will influence the followers emotions and cause identification with the leader. Bass also notes that authentic transformational leadership has moral aspects. These are Idealized influence, Inspirational motivation, Intellectual stimulation, Individualized consideration, moreover The moral character of the leader, The ethical values embedded in the leaders vision, articulation, and program (which followers either embrace or reject), The morality of the processes of social ethical choice and action that leaders and followers engage in and collectively pursue. Their commitment encourages their followers to go on even when questions arise about the possibility of the fulfilment of the vision. If people are demoralised their efforts will eventually decrease causing the business to loose or to give advantage to its competitors. Methods of sustaining motivation include several techniques such as use of cultural symbolism of the company or ceremonies. According to Burns the usage of these motivational tools (social and spiritual values) is very useful because it gives people the feeling of being connected to the higher purpose giving their work a meaning and identity to themselves. Little changes and acknowledgement of peoples performance give them the feeling of significance and enha nce their progress. The transitional leader has to keep a good balance between his attentions to actions which contribute towards progress and to constantly cultivate the mental state of their followers. They believe that success is being achieved trough commitment and they are naturally people oriented. Burns opinion is that transactional leadership is less effective because it involves selfish concerns. By appealing to social values people are encouraged to work together. Burns also clearly differentiates between transformational and transactional approach. The characteristics of transactional leadership will be explained in the next paragraph in more detail. Transformational leaders aim to constantly transform the organisation and this transformation naturally has an effect on the people in it. They might be transformed in a way as well, maybe to be like the leader himself. Bass emphasizes the way leaders transform their followers: Increases the followers task importance and valu es, influence them that instead of their own interest keep the organisational goal in front of them and activating their higher-order needs. à ¢Ã¢â€š ¬Ã… ¾Transformational Leaders are often charismatic, but are not as narcissistic as pure Charismatic Leaders, who succeed through a belief in themselves rather than a belief in others. (www.changingminds.org) à ¢Ã¢â€š ¬Ã… ¾In contrast to Burns, who sees transformational leadership as being inextricably linked with higher order values, Bass sees it as amoral, and attributed transformational skills to people such as Adolf Hitler and Jim Jones. This paragraph aims to give an insight into transactional Leadership. The transactional style assumes that followers are encouraged by reward and motivated by punishment. It also argues that if clear commands are present then it will enchance the operation on social systems. When speaking about employees doing their job their also have to accept their managers as authority and that they role and purpose is to carry out the tasks their supervisors betrust them. This already starts when the potential employees sign their contracts whereby they are provided salary in return for their subordination. The typical transactional leader gives clear instructions to their subordinates whereas hes expressing what is expected to do in order to to fullfill their role and thus acquiring their rewards. Naturally it leads to disciplinary action in case of unsatisfying performance. These punisment measures are not always mentioned but employees usually know these formal systems. When the subordinate r ecevies his task, he is considered fully responsible of it and expected to be able to do it. In a sitation when things are not going according to plan, it is going to be the subordinates responsibility and fault. This will attract punishment measurements. Transactional leaders often do not pay attention when something operates as defined even if subordinates exceed their normal performance. However these situtations require extra appreciation to keep the moral of the subordinates up, to reward their extra effort in their work, because in the opposite case they will not feel that they should work with extra enthausism in the future. Transactional leadership does have many limitations but, however being a working method it is often used. When differentiating between management and leadership it is undoubtedly closer to management. There are several limitations in this approach as it only takes into account the rational follower who is driven by money and reward with a predictable beha viour. However it is not as simple to describe peoples behaviour because there are emotional and social factors. Behaviourism is what supports this leadership style but it has to be emphasized that in an economic situation where there is a need for skill and demand for employees this leadership styles would be often insufficient. It is essential that we differentiate between Leadership and Management. Often people use these notions interchangeably however there are major differences which need to be adressed. The main difference is how leaders and managers motivate people. Managers become leaders as well if there is a need to follow a path which is different form usual or something new. People who are inferior to a manager are called subordinates and there is a formal authority present. Naturally there are levels of power which is called seniority. On the other hand, leaders have followers who may be subordinates in case they are managers but following is a voluntary behaviour and thus formal authorial control needs to be given up. To win in business there has to be cooperation between management and leadership. It is truth that the aspects are different but both are essential. Leadership vision and strategy becomes the real achievement if it is managed effectively (Mullins) If within an organisation there is good leadership present it still requires an effective management team to carry out the objectives. It servers as a pillar and without it the result will be inefficient. On the other hand a good management team can not get proper feedback and directions without effective leadership. These aspects of the business need to work cooperatively and to achieve competitive gain a combination between skilled leadership and competent management is required. (Kotter 1990) We have discussed transactional and transnational style already and generally we can apply these theories when distinguishing between managers and leaders. As described, managers bear with authority and their subordinates carry out task as ordered and in return expect an agreed reward. Managers work for a company and usually do not make fundamental decisions. They are getting payed to work within à ¢Ã¢â€š ¬Ã… ¾tight constraints of time and money so it is natural that they expect the same working style from their subordinate s. Thus this is a transactional approach. However when leading people something more is needed than financial credit because followers have to want to follow you and perhaps go into certain situations they would not risk otherwise. Leaders have to inspire followers and appeal to them enough to make them believe in the goal. The power of this can be tremendous. A good example is Alexander the Great who was able to convince his warlords to be loyal for decades in his campaigns. This may happen trough a charismatic, transformaional style only when enough appreciation and attention is given. Leaders who have strong charisma often find that people will follow them and their ambitions because it does not only give them financial benefit but also has a positve effect on their lifes and personalities. à ¢Ã¢â€š ¬Ã… ¾They are always good with people, and quiet styles that give credit to others (and take blame on themselves) are very effective at creating the loyalty that great leaders engend er. A different aspect is the attitude towards risky decisions and and new methods. Leaders generally investigate these ways in order to improve the business and constantly look out for opportunities. They consider it part of their job to encounter problems and come up with new and better solutions. In contrast managers are risk aware and they stick to well working procedures and rules. In the always competitive world of businesses organisations need to constantly focus on improvement and change. Given the challenges which occur because of the competing companies over the market, the factor of leadership is very important. To complete the estimated mission and to make out the most of employee abilities trough the companys vision, effective leadership is necessary. Leadership is a force which manages organisational procedures and coordinates the employees to achieve the companys objectives. The actions of the leadership represent the organisation itself, motivate followers and encourage them to work in accordance of various ethics and values. To win in business coordination of the followers is fundamental because they are the core of the operation functions. Therefore a good relationship between leaders and followers is essential to achieve a good performance.

Social Promotion or Retention: The Only choices for failing students? E

Social Promotion or Retention: The Only choices for failing students? How to help students who fail, or students who do not achieve up to a certain academic standard, is an issue that probably goes back to the beginning of levels of school for students to progress through. In the U.S. it goes back to the 1840’s where age-graded schools began. In those times children who did not meet a certain standard were retained, or they repeated that grade. Rates of grade retention are difficult to trace in the past as well as currently. In some of these illustrative examples, a state could reduce retention by half in thirty years. However, different states had different retention rates. In 1909 one Massachusetts school district had a 7.5% retention rate while a Tennessee had a 75.8%. â€Å"In the 1930’s educators recognized that grade repetition might endanger student’s social and emotional development, which gave rise to the practice of social promotion. As a result of this policy, students were passed on to the next grade even if they were not ready for the work.† (Alkin, 1114) Both social promotion and retention intend to rectify the problem of failing students. However, does either of these two methods succeed? If they do not then what does? Retention is the process of keeping students at the grade they fail. However, according to Donald R. Moore, the executive director of Designs for Change, a Chicago non-profit group that strives to improve schools, â€Å"It’s a politically popular initiative, but it harms kids in the long term.† (Gewertz, 1, 13 2002) talking about repeating the same grade. Holding students back a grade without changing the instructional strategies is ineffective. Much evidence suggests that the achievement of retained stud... ... likely to fail and help them before it can happen. (Riley, 1999), (Oakes, 1999). Mr. Franczyk, a principal in Chicago, where social promotion has ceased says, â€Å"Retention itself does not benefit anyone. But early intervention does, I see it every year.† Evidence for early intervention working is overwhelming. As Alexander, Entwisle, and Dauber put it, the answer to social promotion and retention is intervention policies that ensure that resources are brought to bear to promote successful student learning, especially for those children at risk of failure. (Alexander, 1994) This policy should lower failing rates and help students gain the mastery over the studied material it also shows them that they do not have little worth and that much is expected from them. This policy change address why students fail and changes in those areas are necessary for them to succeed.

Wildejade!!!!

In spite f these attributes belonging to an animal, as a human, I consider these attributes significant to my being. I am constantly moving, to move on in my life, hoping to overcome events and face obstacles that are inevitably coming my way. These events that will make me happy, sad and even experience pain; it is something that I expect myself to encounter – Just as a wildebeest would expect as well. What we bring ourselves is pain but it gives us pleasure. My mind and body is as strong as the antlers on the wildebeest, which protect themselves from any dangers.We will always be moving forward no matter the circumstances. One can say, â€Å"l was alone in the crowd,† but that will never be given to express the life of a wildebeest and myself. We are constantly in a crowd or in a wildebeest's case, a heard. We are never alone, or feel alone. We are protective over the ones we love and together as a group, we choose the path that is the best choice. I always have peopl e around me – my friends and especially my family. I am supported and loved all the time. My dad would probably be the leader of the herd.The leader is generally the one that helps dudes his herd into the right direction and give teachings so their child can learn more. In my life, he supports me the most, he is always behind me – helping me obtain my goals and dreams. Furthermore, he will protect me from any dangers because I am his calf. I am standing in the meadows. I could feel the sun beating down on me and the wind rushing past me as it entangles in my hair. The grass is dancing in the wind, the sky is as blue as the ocean and the air is fresh. It smells like freshly born flowers from the early spring.In the distance, a steady beat of a drum an be heard. Overlooking the meadows, I can see dark moving figures come towards me and as they slowly came forward, I could make out the image. There before me, a herd of wildebeests that makes the earth shake and the ground lift up from the crust. In Just seconds, the herd past by me in a quick motion, creating a gust of wind to run by me and I examine them carefully without fear. They were strong, with built bodies, sturdy hooves and determined faces. I look at the baby calves who are trying to catch up to the adults with all their might.They could not run slowly. In a matter of seconds all the hooves of the wild animals are all in sync. The baby calves became strong and fast and matched the rhythm of the adult wildebeests. They have that same look as the adults, fierce and driven. I watch the herd as I see them slowly fading away into the horizon, continuing to move on without hesitation. I am the baby calf. I was Just born and welcomed into this world, a world where I have the ability to learn fast and absorb my surroundings. In other words, I would Jump the gun to do anything to reach my goal.Every day, I constantly pick up information from the people and things around me. I feed on what is happen ing all around my community, Just as a wildebeest would feed on the grass that is their land. Though humans and animals seem like two very different things, they are Just as similar as cats and dogs. To conclude, the attributes of a wildebeest is alike to myself because of we persevere through the challenges, we are protective and we are fast learners. In any situation, I will not give up; I will work hard until I have reached my goal – that is a promise.

12 Animal Stereotypes - And How True They Really Are

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS - Free Essay Example

Sample details Pages: 8 Words: 2541 Downloads: 9 Date added: 2017/06/26 Category Business Essay Type Narrative essay Level High school Did you like this example? ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Executive Summary: The reason of this study is to take in the essential genuine guidelines for which we can use in the sensible parts of business. The study is based on non-lawyers thusly we should give an adequate picture of the plans, for instance, the assent ion, thoughtlessness torts, break of conditions et cetera this is similarly valuable to grasp the taking in the true blue term used inside the business contracts. This study helped me to appreciate the key segments of a business contracts, Torts of Negligence and in like manner the aftereffects of break, and moreover apply the standards and laws for sensible circumstances Table of content: Executive Summary 02 Business contract 04 Types of contracts 04 Contract with references to their meaning and effects 04 Elements of contracts 05 Law on terms 06 Effects of different terms 07 Law of tort 07 Nature of liability in negligence 08 vicariously liable 08 Tort of negligence and defense 08 Elements of vicariously liability 09 Con clusion 10 References 11 Task 1 Don’t waste time! Our writers will create an original "ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS" essay for you Create order A) Business Contract 1) Offer and Acceptance There must be authentic offer and lawful acknowledgement in every generous contract so as to maintain it in the eyes of the law. Offer may be made either by words or conduct. Where an offer is made orally by words or staying in contact with, it is called as an express offer. If the offer is accumulated from the conduct of an individual, this is known as a construed offer. 2) Lawful Consideration Consideration is described by most statutes as the expense paid by one social event for the assurance of the other. (Cane, 1996) Accordingly, in every significant contract, every one social event must get something at the execution of the assent ion. 3) Capacity of get-togethers. Get-togethers to the assenting must be prepared. Consequently, they must be of the time of bigger part and of sound identity when the understanding is entered into. Henceforth, if a social affair to an assent ion does not touch base at to the time of larger part or does encounter the sick impacts of lunacy or ineptitude, such an understanding is not all around enforceable by law. 4) Free Consent Free Consent incorporates character of brains and surrendering to same sense. Consequently, free consent of all social affairs to an understanding is essential segment for every generous contract. However the free consent of social affairs should not any way be subjected to undue effect and moreover should not be misdirected by deception or trickiness. B) Types of contract The diverse bases on which the understanding could be orchestrated is inspected underneath: Contracts on the Basis of Creation, on the reason of creation, the understanding may be named under: Express Contract Express contract is one which is made by words talked or created. Implied Contract: A gathered contract is one which is made in general than by words talked or formed. It is determined from the conduct of an individual or the circumstances of the particular case. Implicit Contract: A suggested contract is one which is understood from the conduct of social events. C) Contracts with reference to their meaning/ effect 1. Structural Similarities By applying the Unified Contract Structure to the three sorts of understandings, all the individual terms may be balanced. For the most part, the acquisitions line up. Then again, diverged from gathering, one true change is paramount to modify the employment agree to the others. The change is by virtue of the end benefits. Customarily, severance benefits are joined with the end obtainments or immediately succeeding the end events. 2. Similarities The key likenesses are found in dominant part of the chronicle succeeding the terms of the arrangement, particularly in the representations, promises and general acquisitions. 3. Differences Clearly, there are true differentiations, basically in the terms of the arrangement, to be particular, in the exchange and thought acquisitions. i. Bargain Specific There are entrancing contrasts in the repayment and security terms. On the off chance that there ought to be an event of the repayment terms, the business consent particle commonly obliges the manager to repay the specialist; however the manufacturer comprehension requires the foreman to reimburse the association. On the off chance that there ought to emerge an event of the insurance, the employment consent particle normally states that the executive gives Director and Officer Insurance as an afterthought of the agent; in spite of the fact that the foreman comprehension will ordinarily require the manufacturer to pass on assurance as an afterthought of the association. ii. Meeting Driven- -Comparative Gaps This condition can similarly be seen when differentiating acquisition concurrences with cash understandings. By virtue of cash statements, they will practically constantly hold a representation counting commitment, despite the fact that a minority of acquirement understandings holds a tan amount obtainment. Task 2 A) Elements of contract Parties: The social events of an understanding are fundamentally the components included in the assent ion. These could be the name of an individual or an alternate business substance. Thought: The thought in an understanding spells out what everyone social event stands to build from the business course of action. (Cane, 1996). Continuing with the autonomous photographic craftsman representation, the thought acknowledged by the utilizing substance is the finished photographs, and the picture takers consideration is the portion picked up for giving the organization. Terms and Conditions: These can move by and large depending upon the method for the strategy for success. (Law, 2004) Customary cases can join the measure of portion, when portion is normal, the specific nature of the work included and to what degree the consent particle will stay essentially. Capable Parties: An understanding may be regarded invalid in case it could be exhibited that one of the social events wa s sanely blundering at the time of entering into the consent particle. An understanding may also be voided if one social affair was influenced by solutions or alcohol and the other get-together was aware of the first get-togethers condition. Genuine Purpose: A business contract must be for a genuine motivation to be seen as significant. In case, for example, one get-together deliberately contracted to pass on stolen stock for a short minute gathering, the second assembling would have no honest to goodness arrangement of activity if the first assembling fail to pass on the items to their normal end of the line B) Law on terms Imperativeness and impact of broken terms The imperativeness of a term may be clearly seen by exhibiting the assent ion. Thusly, if a comprehension is in the long run put into making structure, then the report is more slanted to be a term of the understanding. The general standard is that the social occasion is bound by all the terms set out in a contractual file once they have stamped it. This applies whether they have examined the terms and appreciated them or not. Terms may be Conditions or Warranties As contracts holds differing sorts of terms, some are oral and some are made and some are more crucial than others. The more vital terms are called conditions and the less important terms are called insurances. Conditions are considered so essential that without conditions one social event or the other get-together or both of the get-togethers would not enter into an understanding. (Law, 2004) so likewise, to make a condition mistakenly or to break a condition, it is seen so really that the wrong assembling will be met all requirements for treat the understanding as void or voidable. Where if the term is an assurance then the wronged get-together may have the ability to search for cash related damages for any mishap persevered by the social occasion and the assertions itself will stay tying on both get-togethers. C) Effect of different terms The Modeling Process To center the ordinary disasters one must first recognize the sort of event that can bring about an incident. Such an event can join ECO and wealth of plan breaking focuses (XPL) judgments. It may moreover join such things as pros compensation multictaimant mishaps, multi policy incidents, the stacking of uninsured driver cutoff focuses or runaway relegated disaster change costs. Occasion Definitions To center the typical adversities one must first recognize the sort of event that can bring about a hardship. Such an event can fuse ECO and richness of course of action breaking focuses (XPL) judgments. (Hedley, 1995) it may similarly fuse such things as authorities compensation multictaimant hardships, multi policy adversities, the stacking of uninsured driver cutoff focuses or runaway doled out adversity change costs. An event definition regularly fuses the going hand in hand with segments: harm, harm or hardship rising out of one or more than one game plan; that is the immediate aftereffect of one particular mishap, calamity or misfortune; that happens in its total at a specific time and place; and is traceable to the same single disaster, fiasco Task 3 A) Law of Tort Contract à ¢Ã¢â€š ¬Ã¢â‚¬Å" the relationship between the gatherings An understanding is a legally required comprehension formed by the regular consent of the social occasions. The social events may be known to each other, as with a client and an accountant, or they may be pariahs, as with an item association and a person who downloads and presents the item Contract à ¢Ã¢â€š ¬Ã¢â‚¬Å" the way of the commitment In a contractual relationship, the method for the dedication is controlled by the terms of the understanding. By entering into the assent ion, the get-togethers agree to recognize the resulting responsibilities. That is not to say that there is done chance of understanding, since certain contractual terms may be restricted by statute Contract à ¢Ã¢â€š ¬Ã¢â‚¬Å" causation and remoteness of harm This issue concerns the level of the respondents danger for the chain of events set in development by the break of understanding. (Hedley, 1995) the case is in which the respondent was contracted to transport a broken plant shaft from the inquirer production line. B) Nature of liability in negligence To be at danger for something, under the law, plans to be skilled by one means or another for a determination that achieves a violation of the law (criminal commitment) or in harm to others (basic danger). Danger obliges objective that is, youre not liable for something you didnt propose to do. Then again, the law perceives the thought of heedlessness as a methodology to consider an individual mindful when he fails to settle on legitimate decisions, paying little mind to the way that he didnt hope to cause harm. C) Vicariously liable Unlawful obstacle with another person or property signifies trespass. Vicarious commitment is the commitment of the common for the shows of their subordinate. It is the commitment of an untouchable who has the right, capacity or commitment to control the activities of a violator. Action in trespass lies against one presenting trespass through a substitute, as his/ her element administrator or joint part. At the point when the development is not done by the respondent himself; or not by the individual used, paid or controlled by the prosecutor, s/ he cant be made at danger. Liability streams from the relationship of master and servant. (Roxburgh, 1968) The association joins the capability to guide the servant in the execution of the commitments of his/her employment, and to control the shows that no mischief is completed to third persons Task 4 A) Tort of negligence and defenses Tort Law A collection of wrongful criminal and normal acts may expose a business to commitment. Cases join a specialist swindling the Medi-Cal framework, a dealership offering an auto with an insufficiently arranged fuel tank, and a wholesaler reneging on consent to give a settled measure of memory chips at a preset expense. (Roxburgh, 1968) of these three, tort law covers the second outline basic wrongs, other than a break of assenting, that mischief persons, property, fiscal financing or business associations and are realized by the exhibitions or oversights of others. To refuse debilitating verdicts and no-restriction legal advisor costs, everything associations require a crucial understanding of tort models. This will allow them to recognize and minimize potential dangers and to select the best sign of business. This gives that there should be a taking a gander at of the indiscretion of the irritated gathering and the disputant. This is the standard followed in by and large states. The heedlessness of the irritated gathering would not bar recovery in these states, yet would simply reduce the annoyed gatherings recovery to the degree that the evil was achieved by own particular specific recklessness. Defenses to Negligence A business may make preparations for imprudence affirm by ambushing any of the four recklessness parts. Possible obstructions consolidate (1) testing the status of the affronted gathering (e.g., invitee v. licensee) and the relating commitment of planning, (2) certifying that it acted in consent to the crucial standard of attention, (3) ambushing the causal association between act or oversight and harm or damage, or (4) tending to whether the affronted gathering bear any authentic setback. B) Elements of vicarious liability Vicarious commitment is the technique of considering an individual answerable for the developments of another person. Normally, the thought of vicarious danger applies to boss commitment for the developments of their specialists Vicarious liability à ¢Ã¢â€š ¬Ã…“in the course of employmentà ¢Ã¢â€š ¬Ã‚  For an official to be held at hazard, the wrong must be submitted inside the course of business. (Roxburgh, 1968)this paradigm is a request of reality, and it is superfluous whether the wrong devoted by the agent was sanction or not. An exec will simply stay far from danger in this situation in case it could be exhibited that a delegate acted on a skip of his own, or figuratively speaking, if the specialist acted in a way that was unconnected with his work. Conclusion: Not contemplating these little conditions can have a tremendous impact if and when it comes time to archive a case. It is quick to scrutinize your technique from front to back. Additionally if the association sends you any addendums for a method that is presently in force, keep them with the first approach, make sure to examine them totally. If you are not sure you fathom what the stating will be expressing, then it would be wise to uncover some individual who does. Acknowledge it or not, a protection org as a matter of first imperativeness target is not to pay claims out. References: Cane, Peter. 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RH Sturgess, The à ¢Ã¢â€š ¬Ã…“Loss of Chanceà ¢Ã¢â€š ¬Ã‚  Doctrine of Damages for Breach of Contract (2005) Bar Journal Vol. 79(9) 29. S Deakin, A Johnston and BS Markesinis,Markesinis and Deakins Tort Law(Clarendon 2003)