Thursday, June 18, 2020
The Doctrine of Successor Liability and the Drift Towards the Assumption of Liability - Free Essay Example
Doctrine of Successor Liability: Tracing the drift from the `Traditional non-liability rule to `assumption of liability through judicial precedents AbstractTraditional corporate law has been applied over the years to deal with the liabilities arisen after one companys acquires another company The general rule says that an acquiring corporation doesnt assume any liabilities of the predecessor corporation. The courts over the years have evolved this traditional stance and laid down exceptions, making the successor corporations assume such liabilities. This paper has tried to trace and outline the diversion from the traditional rule of non-liability to the assumption of liabilities by the successor corporations. There are four exceptions to this general non-liability rule which shall be explained in detail with progressing contentions in the research paper. The non liability principle creates hurdles in seeking remedy for the injured. The claimant might lose any right to damages if he fails to recover from the successor corporation. The liability can even be fixed in environmental issues, where companies will be fixed with `superfund liability and made to cleanup the environment. This principle of fixing liability on the successor corporation in various areas is known as `Doctrine of Successor Liability. This doctrine attempts to bridge the gap between general rule of no-liability and tortious liability. However, the doctrine also safeguards the interest of the successor corporation from assuming any liability for tort committed by the predecessor. This paper evaluates this doctrine through numerous case laws of multiple jurisdictions, with an insight from different governing statutes as well. IntroductionDoctrine of successor liability is a relatively new and evolving field of Jurisprudence. Legal systems around the world largely rely on common law in the area of application this doctrine. A `successor is defined as 1. A person who succee ds to the office, rights, responsibilities, or place of another; who replaces or follows a predecessor.2. A corporation that, through amalgamation, consolidation, or other assumption of interests, is vested the rights and duties of an earlier corporation.The Restatement of Tort (3rd.) (2000) Chapter 3 outlines the Libaility of Successor Manufacturers Whether a successor can be liable for defective product sold the predecessor is decided generally by traditional corporate law emphasizes on the type of corporate acquisition between the two corporations. A cash purchase of the predecessors assets, instead of a merger or a stock purchase will attract traditional corporate laws, which holds that the successor will not be liable.There are three ways through which a transfer can be done: (a) by statutory merger or consolidation; (b) through the purchase of the stock of a target corporation; and (c) through the purchase of assets of the target corporation. The traditionally, law of c orporations governing the liability of a successor corporation is affirmed in many cases. Ifone corporation sells its assets to another corporation,then the later isnt tortiously liable for the formers conduct. This principle is contended by many courts. Its purpose is to prevent the successor corporations of any liability that arises. It can be traced to the notion that the law does not force the purchaser to assume such liability. American jurisdictions also weave around the general notion that a successorcorporation, which acquires the assets of another company,wont be legally responsible for the actions of its predecessor. Successor liability rule in New York holds that a purchaser is not liable for its sellers liabilities except where there is an express agreement between them governing otherwise. The New York Supreme Court also affirmed the already existing general rule. The logic seems equally applicable as the general rule regarding successor liability is well settled that a corporation does not assume its predecessors liabilities automatically.ExceptionsThere are four recognized exceptions to the general rule. First is applicable where the buyer agrees to assume, expressly or implicitly, the debts and liabilities. The second applies to the transaction where there isconsolidation or merger of the seller and purchaser. Thethird exception is attracted when the successor corporation is merely a continuation of the predecessor corporation. The fourth exception applies to a colorable transaction which is entered in order to defraud the creditors or the shareholders of the seller corporation. The courts over the years have developed thesefour exceptions to the general rule of non-liability forassetpurchasers. Theseexceptions are made with a purpose to ensure that corporations dont evade their liabilities through the use of transactional technicalities.Under the traditional approach, asset purchasers will be considered corporate successors if on e of the following applies: Assumption- The purchaser expressly or impliedly agrees to assume the liabilities of the seller. The court has noted that an asset sale agreement amounts to a simple transfer, which establishes that the successor didnt attain any liabilities because the identity of the predecessor was not used, nor was any of supervisors hired by the successor. The Court thus held that the buyer did not assume any liabilities of the predecessor, neither expressly nor impliedly. Under the asset purchase agreement, the purchaser did not assume any of the liabilities of the seller, because of a similar reason. In addition, Minnesota Business Corporations Act mandates the presence of a provision in a contract or an agreement to hold the transferee liable. Now in case a situation arises where the language of such a provision in the agreement or a contract is found to be unclear or ambiguous, the courts assume that there is an implied liability on the buyer the for defect ive products, if any. Thus to avoid such discrepancies involving assumption of liabilities, it is best if such an agreement unequivocally states that there is no assumption of future products liability.De Facto Merger- The transaction amounts toa de factomerger or consolidation if the corporation assumes the liability of its predecessor. The important concept in this exception is not the continuation of the business operation but the continuation of the corporate entity. The New York Supreme Court, Appellate Division, First Department, in Van Nocker v. A.W. Chesteron, Co discussed the second successor liability exception. The court notes that asset purchases can be said to be a de-facto mergers if it includes the following four factors:(i) continuation of ownership arising from the use of the successors stock as payment rather than the use of cash(ii) after the transaction the predecessor dissolves as soon as possible,(iii) the buyer assumes liabilities necessary to continue the business of the seller and;(iv) the buyer continues the using predecessors enterprise.The Court in Van Nocker v. A.W. Chesteron, Co. further explained that all of these factors may not be necessarily needed to prove a de-facto merger but presence of the first two is required. It also said that continuity of ownership exists ifthe shareholders of the predecessor corporation become direct or indirect shareholders of thebuyer. Continuity of ownership is a situation where the parties to the transaction become owners together of what formerly belonged to each.b The Van Nocker Court, failing to find either of the first two elements refused to evaluate the other factors. The Fourth Department of the New York Supreme Court, Appellate Division, while determining whether a transaction satisfied the prerequisites of a de-facto merger, held that [w]hile factors such as shareholder and management continuity will be evidence that a de facto merger has occurred, those factors aloneshall not be determinative. The U.S. District Court for the Southern District of New York examined the continuity of ownership element of de facto merger stated, [T]he de-facto merger doctrine creates successor liability when the transaction between the purchasing and selling companies is in substance, if not in form, a merger. The court further stated that the factors should be considered in a flexible manner and question the crux that whether it was the intent of the successor to absorb and continue the operation of the predecessor. It maintained `continuity of ownership as one of the pivotal requirements for a de facto merger. About the fourth factor the court stated that sheer hiring of employees of the seller was insufficient to conclude that there was continuity of management. In Kretzmer v. Firesafe Prods. Corp. the attorney had switched employers and brought along a secretary, an associate, and some cases, the Court held that such an instance didnt amount to a merger or c onsolidation and thus there wasnt a de facto merger. Hence, while dealing with the de facto merger exception, continuity of enterprise or ownership is considered prior to the tree other factors. Mere Continuation: If the corporation has the same shareholders, directors and officers, it will be eligible for this exception. In the Seventh Jud. Dist. the Court said that mere continuation is a type of restructure in which one entity gets dissolved and another survives. The dissolution should take place as soon as possible, but in this case the seller was not dissolved for more than a year, so the Court held it to be out of the ambit of mere continuation exception. In other jurisdictions this exception requires continuity of owners and/or directors. This exception is problematic of application because it has never been quite clear just in what sense a corporation must continue in order to trigger the exception.4. Fraudulent- The transaction was fraudulently entered into to escape liability. The New York courts have laid their emphasis on many fraudulent transactions but have not provided any exceptions for the same. If the creditors of the seller are being defrauded by the transaction, then also it will fall under this exception, Few of the instance can be; if the predecessor corporation holds the possession of the property but doesnt actually own it, making its creditors believe that it still owns the property, if the proceeds of the sale are sent away, and if the property is sold for an insufficient amount to an acquaintance. The malafied intention to defraud has to be proven including those jurisdictions that have adopted the Uniform Fraudulent Conveyance Act.While as other jurisdictions presume such an intention. In situations like these, both the seller as well as the buyer can be held liable.The Continuity of Enterprise Exception.In 1983 Salvativ. Blaw-Knox Food Chemical Equipment, Inc., NewYorks Court of Appeals recognized Continuity of Enterp rise exception, it defined it as a part of corporate reorganization, The Supreme Court of Queens County later explained that the this theory was originally introduced by the Supreme Court of Michigan in Turner v. Bituminous Cas. Co. Salvati noted the Michigan Courts rationale, that it to be unjust to allow the successor to avoid liability Salvati set forth the Michigan courts three criteria test, such continuity would be there if: there wasa continuation of the enterprise of the seller;the predecessor dissolved promptly after the transaction, and the buyer assumed liabilities and obligations of the seller. Salvati accepted the logic put forward in the case of Turner. So the tests laid down by Turner and later reiterated in Salvati are similar to the factors laid down in Van Nocker. The Michigan Supreme Court extended the de facto merger doctrine by eliminating the continuity of shareholder requirement and applying that exception to cash transactions. Product Line Exception.In 1977, the California Supreme Court created the product line exception. The Court said: We therefore, conclude that a party which acquires a manufacturing business and continues the output of its line of products under the circumstances here presented assumes strict tort liability for defects in units of the same product line previously manufactured and distributed by the entity from which the business was acquired. Anything to the contrary in Ortiz v. South Bend Lathe, supra, 46 Cal.App.3d 842, or Schwartz v. McGraw-Edison Co., supra, 14 Cal.App.3d 767 (see fn. 6, ante) is disapproved Different jurisdictions have different stands on the product liability exception. In Hickman v. Thomas C. Thompson both the buyer and the seller corporations were of Illinois, the buyer had bought the assets of the seller corporation. Later a resident of Colorado was injured by a product manufactured by this Illinois corporation. There was an arms length agreement, for the purchase of assets, si gned and executed in Illinois. In Illinois the product line exception doesnt hold good. The district court opined that: 1) successor liability is a tort claim, and not a contract claim; 2) As the injury occurred in Colorado so the Colorado law applies; and 3) The Product line exception would be accepted by the Courts. Hickman courts view was dissented in the Tenth Circuit in Florom v. Elliott Mfg., and held that Colorado would reject the product line exception. Comprehensive Environmental Response, Compensation Liability Act and Successor LiabilityCERCLASuccessor corporations are liable the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Thesubstantial continuity test under CERCLA is a continuation successor liability under any other asset purchase. The same general rule of non-liability and the exceptions to it are also applicable in case of successor liability under CERCLA. Many courts have included corporate successors liability while int erpreting the act. In United States v Bestfoods, the Supreme Court did not make this aspect of superfund liability redundant and kept the substantial continuity test alive in CERLA as well. The Court has laid down CERCLAs purpose as: CERCLAs primary purpose is remedial: to clean up hazardous waste sites. . . . Because it is remedial statute, CERCLA must be construed liberally to effectuate its two primary goals: (1) enabling the EPA to respond efficiently expeditiously to toxic spills, and (2) holding those parties responsible for the release liable for the costs of the cleanup. In that way, envisioned the EPAs costs would be recouped, the Superfund preserved, and the taxpayers not required to shoulder the financial burden of nationwide cleanup. There are various factors which the courts apply while deciding whether a successor corporation should assume any liability Courts applying the substantial continuity test consider a range of factors to determine whether the buyer ha s substantially continued the predecessors enterprise these include; if any successor corporation continues retaining the following:same employees;same supervisors;same name;same production or service line;same production facilities;continuation of same assets;general business; andwhether the buyer continues the predecessors enterprise. It isnt necessary that a corporation should fulfill all these criteria for it to assume liability of the predecessor. In New York v. Westwood-Squibb Pharm Co. the court held liable the asset purchaser corporation when it satisfied six of the eight factors. CERCLAs purposes and principles of corporate successor liability are both in harmony with the substantial continuity test. However, there are discrepancies that may arise; e.g., sec. 113(f of CERLAprovides PRPs with a statutory right of contribution. 42 U.S.C. 9613(f)(1). Sec.113(f)(2) says that if PRPs enter into settlements with the federal government, it resolves its liability.ConclusionT he general rule of non-liability says that a successor corporation will not assume the liabilities of the predecessor corporation for defective products sold by the predecessor. But the courts over the years have developed principles holding the successor liable. The rift between the liability law and general non-liability corporate law has led to the evolution of such rules by the courts. Mere continuation, de facto merger and the product line doctrines broaden and specify the areas for fixing of liability. These rules have also firmed protection against colourable intent of corporations to avoid liability.
Monday, May 18, 2020
Contradictory to what many people believe, fossil fuels are not dead dinosaur remains. Ã¢â¬Å"In fact, most of the fossil fuels we find today were formed millions of years before the first dinosaursÃ¢â¬ (Ã¢â¬Å"Fossil Energy: How Fossil Fuels Were Formed,Ã¢â¬ n.d.). They were formed from prehistoric plants and animals that lived many millions of years ago and are considered non-renewable because they are not sustainable and cannot be easily replaced due to their formation taking billions of years. Ã¢â¬Å"When these ancient living things died, they decomposed and became buried under layers and layers of mud, rock, and sand. Eventually, hundreds and sometimes thousands of feet of earth covered themÃ¢â¬ (Ã¢â¬Å"Fossil Energy: How Fossil Fuels Were Formed,Ã¢â¬ n.d.). In someÃ¢â¬ ¦show more contentÃ¢â¬ ¦The oil is extracted by simply being forced through a rock, which the droplets can actually do on their own, as they are pushed by large amounts of pressure that exist beneat h the surface. This pressure comes from a build-up of rock lying on the oil and from heat from the earth that builds up in a reservoir and expands any gases from the inside of the rock. When an oil well strikes a reservoir, the pressure is released and forces the oil through the rock and up to the surface. The oil may squeeze into any fractures in the reservoir, and if these fractures run in the direction of an oil well, they can act as pipelines in which the oil will flow. After scientists have tested the oil and the rocks, oil companies will begin drilling in the wells and rock samples will be brought to the surface. After the scientists have studied the rock samples from above ground and are convinced that they have found the right type of rock, companies begin drilling production wells. Ã¢â¬Å"When the wells first hit the reservoir, some of the oil begins coming to the surface immediatelyÃ¢â¬ (Ã¢â¬Å"Fossil Energy: How Fossil Fuels Were Formed,Ã¢â¬ n.d.). However, with todayÃ¢â¬â¢s technology, oil companies are able to install special equipment to help the oil from spurting hundreds and hundreds of feet from the ground. When a new oil field begins its production process, nature takes its course and does most of the work. The natural pressures from the reservoir force the oil into productionShow MoreRelatedFossil Fuels Are Not Dead Dinosaur Remains1921 Words Ã |Ã 8 PagesMadison Flanagan Ã¢â¬Æ' Contradictory to what many people believe, fossil fuels are not dead dinosaur remains. Ã¢â¬Å"In fact, most of the fossil fuels we find today were formed millions of years before the first dinosaursÃ¢â¬ (Ã¢â¬Å"Fossil Energy: How Fossil Fuels Were Formed,Ã¢â¬ n.d.). They were formed from prehistoric plants and animals that lived many millions of years ago and are considered non-renewable because they are not sustainable and cannot be easily replaced due to their formation taking billions of yearsRead MoreFossil Fuels And Its Effects On Our World1573 Words Ã |Ã 7 PagesFossil fuels have been a big discussion in todayÃ¢â¬â¢s world due to the pollution they have been causing on the earth. Fossil fuels have been creating energy for the world for so many years. Fossil fuels like oil, natural gas, and coals used every day by almost every American. We use it to travel, to keep us warm, to cook our food, and many other everyday activities, but we donÃ¢â¬â¢t know the harm it is d oing to the world. Thanks to Media today we are starting to realize the damage fossil fuel is causingRead MoreChemical Reaction On Energy And Carbon1555 Words Ã |Ã 7 Pagesrequire the oxygen released by plants. 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Think aboutRead More Warm Blooded Versus Cold Blooded Dinosaurs Essay1519 Words Ã |Ã 7 PagesWarm Blooded Versus Cold Blooded Dinosaurs Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã At a time, scientists believed all dinosaurs were cold-blooded.Ã However, with a recent discovery of a dinosaur found with a fossilized heart in the northern part of South Dakota in 1993, many paleontologists are starting to think that there were some dinosaurs that were warm blooded.Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Dinosaurs were first believed to be cold-blooded because they were thought to be related closely to reptiles which are cold-blooded creaturesRead MoreNuclear Fusion And Nuclear Energy Essay1638 Words Ã |Ã 7 Pagesnuclear installation, nuclear vessel or handling of radioactive materials. Fossil fuels are hydrocarbons, primarily coal, fuel oil or natural gas, formed from the remains of dead plants and animals. In common dialogue, the term fossil fuel also includes hydrocarbon-containing natural resources that are not derived from animal or plant sources. These are sometimes known instead as mineral fuels. The utilization of fossil fuels has enabled large-scale industrial development and largely supplanted water-drivenRead MoreWhat Are Fossil Fuels?1387 Words Ã |Ã 6 PagesStarting small I wanted to explain what fossil fuels are exactly. Also how they are non- renewable, meaning that they indeed will run out one day, and there is no way how to replenish the supply after it is gone. Fossil fuels are natural fuels such as coal or gas, these fuels formed in the geological past from the remains of microscopic plants and ancient animals like dinosaurs that lived and died millions of years ago. The plants and animals or (diatoms) absorbed energy that came from the biggestR ead MoreThe United States Energy Information Administration2302 Words Ã |Ã 10 Pagespercent of the United StateÃ¢â¬â¢s energy demand is met by using fossil fuels (Fossil Fuels), and in 2012, fossil fuels made up eighty-seven percent of the energy consumed worldwide (Gonzalez Lucky, 2013). What are fossil fuels then? There is a common misconception that fossil fuels come from dead dinosaurs, and while this is not actually true, fossil fuels do come from dead plans and animals, however they were dead long before the dinosaurs roamed the earth (U.S. Department of Energy). The type of animalRead MoreFossil Fuels : The World s Primary Energy Resources1736 Words Ã |Ã 7 PagesAbstract Fossil Fuels such us oil, coal, and natural gas are currently the worldÃ¢â¬â¢s primary energy resources because they originate from living things. Formed millions of years ago from the decomposition of organic materials such as plants and animal life, it is non-renewable resources that supplied U.S. and global economic development over the past century. In fact, Fossil fuel industries mine or drill for this energy resources, burn them to provide electricity. Natural gas and oil are used whenRead MoreThe United States Energy Information Administration2409 Words Ã |Ã 10 Pagespercent of the United StateÃ¢â¬â¢s energy demand is met by using fossil fuels (Fossil Fuels), and in 2012, fossil fuels made up eighty-seven percent of the energy consumed worldwide (Gonzalez Lucky, 2013). What are fossil fuels then? There is a common misconception that fossil fuels come from dead dinosaurs, and while this is not actually true, fossil fuels do come from dead plans and animals, however they were dead long before the dinosaurs roamed the earth (U.S. Department of Energy). The type of animalRead MoreHow Did Fossil Fuels Get Here?1813 Words Ã |Ã 8 PagesHow Did Fossil Fuels Get Here? Most people have a theory that the fossil fuels we have today are from the remains of dead dinosaurs. Which is in fact not true, but what is true is that these fossil fuels were at one time alive. They formed when prehistoric animals and plants died and were covered by rock and other plant growth (energy.gov 2014). Organic matter, along with varying temperatures and pressure worked together to produce the fossil fuels. Different types of fossil fuels were developed
Wednesday, May 6, 2020
Ã¢â¬Å"I ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel,Ã¢â¬ is a famous quote said by Maya Angelou. This quote has resonated in my mind because it has such validity. When I was seven, I went to the emergency room and had to have my appendix removed. I was in excruciating pain and had tears streaming down my face. A nurse came and talked to me. She cooed, Ã¢â¬Å"Can you raise up your pinky up to me?Ã¢â¬ She explained that the doctors will take out this pinky-shaped thing out of my body. I stared at my pinky in disbelief; the pain temporarily seized due to the fascination and the way the nurse made me feel. I ended staying in the hospital for two weeks and I had mixedÃ¢â¬ ¦show more contentÃ¢â¬ ¦Nurses are people who palliate pain; they are the middle of the wheel that keeps the wheel going. Since nurses are always there with the patient, doctors often rely on the nursesÃ¢â¬â¢ chart and a sk them what the best is for their patients. I volunteer at a hospital and often the nurse suggests that a patient should stay a day or two longer than what the doctor anticipated because nurses listen to their patientsÃ¢â¬â¢ needs physically and emotionally. I like how busy the hospital gets, and there is never a dull moment. There are always patients needing assistance and getting discharged; there is always something to do. Depending on the place; nursesÃ¢â¬â¢ shifts can vary from 8 or 12 hour shifts, or from being on call (Philistin). At times nurses are saving the patientsÃ¢â¬â¢ lives. That is addicting and exhilarating. I like how hospitals are dedicated to the community and they swallow you whole. You end up being a huge medical family: doctors, physical therapists, nurses, patient care technicians, etc. Nurses require critical thinking skills, organization is something they must be good at because they have to chart, have compassion and be sensitive under the right circumstances (Jewell). Physical stamina is another trait that is used because nurses move patients to clean wounds
Question: Discuss about the Business Culture of Singapore and Australia. Answer: Rational for country choice This report focuses on the cultural factors of the country Australia. The country has the combination of various cultures which attract foreign companies for the business expansion. Due to innovative business culture, organizations are trying to enter in the country. Country has fair and direct way of communication process. In the direct culture of country, people express themselves freely and speak clearly in the discussions. Along with this, the business and work environment of the country is mostly laid-back and there are good manager-staff relationship in the organizations. Along with this, the work environment and business culture of the country is the consensus oriented. So, this is the reason to select Australia for the study. This country is famous as the wine and seafood country across the world. One of the main attractions of the country is festivals and events that attract tourists from many different countries. Famous as the wine country in the world, the country produces world-class wine in more than 10 different varieties for the tourists (Yildiz, 2014). This region is turning as one of the fastest growing tourist destination because of expenditure done by visitors in last decades. Australia is the country which has fair and direct way of communication. This report focuses on the cultural aspect of the host country which is Australia and Singapore is considered as the home country in this report. There is differentiation between the business culture of Singapore and Australia which is described in report. Along with this, the report also focuses on the Hofstede model of culture to analyze the cultural satiation if Australia fir business operations. The cultural analysis of the country includes communication practices, political and ecological situation of country, local culture and management style of the country. Cultural analysis of Australia Multicultural country There are people in Australia who come from the various backgrounds. Many people in the country have Irish and British backgrounds. At the time of Second World War, many people came from various European countries and different parts of the world. In current time, one third of Australians were born in another country. This country is popular choice for tourists due the hotels, transport, culture, nightlife, food, events and festivals. The country is the most important tourism destination among the tourists. So, Australia is the country of multi culture. Immigration has helped the country to become a dynamic country. Political, social and economical situation Australia has federal constitutional parliamentary democracy so Australians elect parliamentarians for the federal parliament. They have voting rights and it is important for people to give vote. Once people reach 18 years of age, they are obliged to vote. The political situation of the country allows people to live with the freedom. Looking at the social and economic aspects of the country, people have their own personal welfare. For instance, local crime and public safety, food and health, rights to basic services, equality of opportunities as well as civil and personal liberties are the rights for Australians. Local culture The culture of Australia is western culture which is basically derived from Britain but it is influenced by the unique geography of Australian continent. The oldest surviving cultures of the country are Torres Strait Islander and Aboriginal people of Australia. The people in the country are basically open, laid back and direct. They generally say what they mean and are more individual and outgoing as compared to other culture. It is observed that more than three quarters of people in the country are living in cities and urban centers along the coast. Communication Communication is the important topic in the business world. In Australia, there are some aspects of communication which must be taken into consideration. It is observed that the Australians value directness over negotiation. While communicating in the country, Australians are not self promotional and in the business life, they show dedication and credibility. This is the normal part of their culture. The country has fair and direct way of communication. In the direct culture of Australia, people say clearly and briefly without adding lots of context. Along with this, they use some non-verbal communication styles so that the spoken message should be delivered with all the relevant information. When a person in Australia gives a message, he expects from the other person to understand the message completely. This reflects the effective business communication styles in Australia. Management style There is the casual atmosphere in Australia which is very important for the business. The Australian business culture is very much included with the opinion of the individuals. So, the culture has consultative style of management which includes open debate. Quite the different, it shows the professionalism and dedication of the Australians. Managers in country do not isolate themselves from other members in the business. Business culture of Australia Australia is the second most individualistic culture in the world after U.S. In the country, business culture is more relationship oriented. It is focused on establishing trust, relying and supporting on the important elements of the business. The work environment and business culture of the country is the consensus oriented. There are consensus oriented style rather than highly directive leadership styles. Senior managers generally consult with the subordinates while making the decisions in the business. In terms of doing business, Australians do not focus on having long-terms relationships with the people (Vidal-Suarez Lopez-Duarte, 2013). Openness There is the openness in the business culture of Australia. People are open and free to put their ideas and viewpoints for the business operations. There is the highly valued culture in Australia. People have traits of the openness and direct manners in which their daily lives are connected. Australians are educated and straight forward in their communications. They have string and confrontational opinions for others. They always value for the directness and respect those people who express their own beliefs and views. In the business context, Australians have new ideas and they are motivated to live discussion and debate (Singh, Joshi Mandhan, 2014). Individualism This is the unique character of the Australians and this is the way adopted by them to interact with other people in the society. Along with this, there is one more characteristics of individualism which must take into consideration that it focuses on the personal privacy of differentiate people from the public and focuses on the private life of people. Equality The Australian culture has the characteristics of quality. The country has the culture of equality where the differences in the status do not matter in the business. This culture in the society avoids the differentiation the people having high income and status. Thus culture includes mutual respect for each other. There is equality in the Australian society focuses on all the aspects of Australian life and business sphere. The Australians avoid academic qualifications, business success and personal achievements since this may perceived as arrange (Akanni, Ahammad, 2015). Difference with Singapore The culture of Singapore focuses on the long term working relations. It is observed that as compared to Australians, the managers of Singapore are more committed towards the long term relationship in business. In terms of cultural differences between Singapore and Australia, people in Singapore are candid, direct, and state to their points with the confrontational way. The approach of Singapore culture is pragmatic along with the ability to discuss any point. Along with this, there is the large difference in the business culture of Australia and Singapore in terms of the working hours. The working hours in Singapore are longer and more intense as compared to Australia. That can be a big cultural difference in the work culture of Australia and Singapore. In the Singapore, values are less among the people and they are focused on the business. On the other hand, Australians have high moral and values. Further, Singapore is more regulated and centrally controlled as compared to Australia . In day to day matters, things happen fast in Australia as compared to the Singapore. There are some differences between Singapore and Australia in terms of business culture. Because of the plenty of natural resources, the economy of Australia has competitive advantage in producing various products like dairy, meat and wine. Along with this, there are key exporters of minerals and coal, travel and logistics etc for the economic growth. On the other hand, Singapore is the small land area and there is the lack of resources but country has driven itself to innovations. In terms of business languages, Australia has no official language and English is spoken by most of the people in which 2.1 million people speak Asian language and 1.3 million speak European language. In Singapore, English is the business language and also used by people there. Most of the Singaporeans have received formal education. Hofstedes cultural dimensions Hofstedes dimension of culture for the organizational research was carried out by the Greet Hofstede. This dimension can be used by various foreign companies while going to expand the business in the Australian market. There are five key dimensions by which the organization can analyze the culture of Australia. Power distance This dimension focuses on the extent by which employees have low power in the company and organization feel that the distribution of the power is not equal. The unequal distribution of power should be noticed by the organizations in the Australian business culture. The culture of Australia has high level score in the power distance index as the managers have equal rights and powers. This is an appropriate culture for the companies to operate the business. Individualism This dimension focuses on how people are converted in to various groups. If the individualism side is focused by the company then it means that people have to take care of themselves and their family also. There are no strong relations between individuals. If the organizations focus on the side of collectivism then it means groups are formed since their births and they have strong connections. In Australia, the culture is more individualism as compared to the collectivism. They combine the needs of individuals to the welfare of society. The problems of industry are handled by Australia by adopting the approach of individualism which is effective for the organizations for the successful business operations (Alkailani, Azzam Athamneh, 2012). Masculinity It focuses on the distribution of the work among the genders of the society. This can be the issue of the society related to the rights of women. This can be the issue for the companies to manage the business in the Australian market. The culture of the company depends upon the culture of the country. In the Australian context, women are free to select their career options. They are equally contributing in the business as men are doing. There is the culture of openness which would be beneficial for the organizations that are going to enter in the Australian business culture. The culture of Australia has high score in the dimension of masculinity (Tang, 2012). Uncertainty avoidance index This dimension focuses on the degree of culture of the specific country to make the member either feel relaxed or uncomfortable in the situations. There are two ways to avoid uncertainty of culture i.e. avoid culture or accept uncertainty in the culture. By imposing some strict laws and regulations, the uncertainty in the Australian culture can be avoided (Hofstede, 2011). Long term orientation This is the dimension which is focusing on the taking some interviews of some of the Australian scholars. It is said that the western culture is short term oriented which means people have values some traditions to complete all their social obligations. The culture in Australia is long term oriented which is carefulness. The people in Australia use their capability to accomplish their work and objectives in the business culture. People are using western culture to enhance their capability to get success in the business culture (Parente, Baack, Hahn, 2011). Strategies by foreign companies Based on the above discussed model, it is observed that the culture of Australia is open, aggressive and full of value along with the other aspects like working relationships and cooperation. There is the combination of various cultures which attract the organizations to operate the business significantly. Australia has high level of power-distance factor which is the key cultural trait of the country. This factor reveals that there are strong relationships between managers and employees in the organizations operating in the country. To stay effective in the Australian market, foreign companies need to have strategic business plans based on the practical experiences, understanding and insights. Further, to balance the risk, compliance outcomes and taxation, they should have effective business structures. Companies should have existing companies in the Australian market for the easier entry in the market. This cultural aspect of Australia makes the effective market for the organizations to operate the business. Culture of the country focuses on the power and prestige based on the western European culture. People on the high authority try to do their best and impact the subordinates so companies must set some directions for the effective business operations. Australians are hard working and dedicated people so, companies can focus on hiring of the employees so that limited resources can be used effectively (Kragh, 2012). Conclusion Based on the above analysis, it is observed that Australia is the suitable country for the business expansion. In terms of cultural differences between Singapore and Australia, people in Singapore are candid, direct, and state to their points with the confrontational way. Communication is the important topic in the business world. In Australia, there are some aspects of communication which must be taken into consideration. It is observed that people in the country like to do direct communication rather than negotiations. Having a varied workforce is increasingly being recognized within the organization as helpful in improving the performance of the organization, and also a crucial that organizations can focus and solve this. Australia is the country of multicultural factors and it is considered as the politically safe country among the organizations. Further, in the business context people in the country use their capability to accomplish their work and objectives in the business cul ture. They are influenced western culture to enhance their capability to get success in their business operations. Further, the political situation of the country allows people to live with the freedom. Looking at the social and economic aspects of the country, people have their own personal welfare. It is also observed that people in the country are not self-promotional. They communicate directly at any point in the discussions and debates. In the business culture of Australia, people are dedicated towards their work which is helpful for the foreign companies to gain profit in Australian market. Based on Hofstede model, it is analyzed that there is the culture of openness which would be beneficial for the organizations that are going to enter in the Australian business culture. At last, it can be said that the Australian culture is individualism and Australians do not form groups while operating the business. They only form the groups while focusing on the welfare of the society. It is observed that there are various cultural traits in Australia which make the country attractive for doing busine ss. The existing cultural aspects attract various foreign direct investments to expand their business in the country. References Akanni, M. and Ahammad, M. (2015). National Cultural Distance and International Acquisition Performance. JOEBM. 3(2). pp.183-187. Alkailani, M., Azzam, I. and Athamneh, A. (2012). Replicating Hofstede in Jordan: Ungeneralized, Reevaluating the Jordanian Culture. IBR, 5(4). Hofstede, G. (2011). Dimensionalizing Cultures: The Hofstede Model in Context. Online Readings in Psychology and Culture. 2(1). Kragh, S. (2012). The anthropology of nepotism: Social distance and reciprocity in organizations in developing countries: International Journal of Cross Cultural Management. 12(2). pp.247-265. Leahy, M., Dellal, H., Cahill, D., (2004). Religion, and Safeguarding Australia. Retrieved on 31st October 2017 from https://amf.net.au/library/uploads/files/Religion_Cultural_Diversity_Main_Report.pdf Parente, R., Baack, D. and Hahn, E. (2011). The effect of supply chain integration, modular production, and cultural distance on new product development: A dynamic capabilities approach: Journal of International Management. 17(4). pp.278-290. Singh, V., Joshi, P. and Mandhan, S. (2014). Concept Integration using Edit Distance and N-Gram Match. IJDMS. 6(6). pp.01-11 Tang, L. (2012). The direction of cultural distance on FDI: attractiveness or incongruity?. Cross Cultural Management.19(2). pp.233-256. Vidal-Suarez, M. and Lopez-Duarte, C. (2013). Language distance and international acquisitions: A transaction cost approach: International Journal of Cross Cultural Management. 13(1). pp.47-63. Yildiz, H. (2014). Not All Differences Are the Same: Dual Roles of Status and Cultural Distance in Socio-cultural Integration in Cross-border MAs: Journal of International Management. 20(1). pp.25-37.
Thursday, April 16, 2020
Do I Have To Be Rich To Be Happy?Many students ask this question 'does money make you happy?' A lot of students are probably wondering the same thing. They have questions such as: 'Do I have to be rich to be happy?' Do I have to make a million dollars to be happy?'The answers to these questions have been floating around the internet for years, but they are not the real reason that a lot of students are worried about their bank accounts. The real reason that a lot of students are worried about their bank accounts is because many people are saying that they are being 'made' to feel 'uncomfortable' when it comes to spending. Students are worried that they are going to go broke in college, and that money is not the answer to happiness. Money does not make anyone happy, and is actually very much against the will of God.In truth, there is not going to be a heaven or hell if you were to spend your money on all the things that you do not need to. The point of this article is to show you that a lot of students are trying to get their parents to give them more money. The problem with this is that a lot of parents may not be willing to spend more money on their kids. If you are asking the question, does money make you happy, then this article will show you that the answer is no.So what does money make you? Well in essence, it makes you happy when you are spending your money on an activity that you enjoy doing. When you have money, you have the opportunity to travel, eat out at nice restaurants, get gifts from loved ones, and buy new clothes. These are all things that make a person feel better about themselves, and what better way to do this than to buy yourself a new car, or a new TV, or even a new vacation home?However, what does money really do for you? Does it make you feel comfortable? What about if you pay a lot of money on something that you can easily get at a thrift store?The point of this article is to show you that you do not have to spend money to be happy, bec ause you can choose to get a certain type of happiness, and that is the happiness that comes from God. Happiness is the great gift of God that we are all meant to receive, so make sure that you choose to be a happy person by spending your money wisely.Choose a certain type of spending that is completely in line with God's will for you. It is okay to spend money on yourself, but you should also make sure that you spend money on the things that you will use daily. The reason that money makes you happy is because it is the only option that a person has when they are getting pleasure from the things that they are doing.A lot of students think that they are going to be punished if they do not have a lot of money. The point of this article is to show you that you do not have to be a millionaire to be happy. You do not have to spend your money, or your time to be happy.
Wednesday, April 8, 2020
IB Extended Essay Economics Topics - Truth Or Fiction?I've noticed a lot of discussions of what are 'the' IB Extended Essay Economics Topics. And the debate is about whether or not they can really be considered as true and valid. To me, all this discussion, it just seems like a waste of time, especially if you're an IB student and trying to do the right kind of IB Econ Topics to pass your exams.I'll try to lay out my thoughts on the subject for you. First, I'd like to point out that there are no standardized subjects when it comes to having to take the IB exams. That being said, every year there are a number of new subjects that are introduced. If you go into an IB school, then most likely you will be able to find a number of these subjects that you can study with.Now I'd like to point out that most students are simply not prepared to study for subjects like this and take them with ease. Even with their tough exam preparation, they still need to practice to actually learn the stuff t hat they need to pass their IB exams.So if you are only planning to take these IB papers to get yourself prepared for an upcoming IB exam, then I'm afraid I have a couple of things to say about that. It is possible to get some of these subjects done, but even still, I've heard reports of students who are having trouble passing the IB exam because they didn't spend the time they needed to prepare for it.You see, I think that you have to set aside some time to prepare for these tests, and I believe that I'm right on the money when I say that it's better to do it now than later. In fact, if you just put in the time to study, then it's almost sure that you'll do well in the exams. And if you don't, then I'll advise you to wait until you get more of these subjects because they have certain requirements, and you'll need to make sure that you get them out of the way before you actually do your IB essays.One other thing that I'd like to point out is that it is possible to find IB Extended E ssay Economics Topics online as well. So if you want to take a look at the topic, just Google the term 'IB Extended Essay Economics Topics' and you should be able to find a number of websites that can help you learn the material.So no matter which type of IB Exam you are taking, I highly recommend that you do not settle for less than the best. Instead, spend a little bit of time to get these subjects and you'll be set for a really good IB exam and will never be afraid of an IB Extended Essay Economics Topic.
Saturday, March 14, 2020
Vital Pieces of Environmental Sustainability Essay Topics How to Get Started with Environmental Sustainability Essay Topics? Businesses can make the biggest contribution in building a considerable difference by obeying a green small business idea. Organizations should think and act differently they will need to manage differently and they'll want to compete differently. Business organizations have an extremely important function to play towards ensuring environmental sustainability. They can benefit from environmental sustainability to a great extent. Empowered employees will get long-term employees, reducing hiring costs by boosting retention. The Sony Corporation is famous for its capacity to produce and manufacture new and advanced products. In the event the business has been already allocated students will need to pick a different business. If the businesses do not effectively become involved in the sustainable environment, then it is extremely tough for that company to create profit in the long run. Through the usage of dedicated employees, you can help enhance the sustainability of your small business and keep you going down a path that's going to give you excellent plans for the future, and also with employee base that will assist you to grow and is just as invested in the accomplishment of your business as you are. As stated by the World Business Council for sustainable development, social responsibility on part of the company organizations is a commitment to operate in an ethical fashion and bring important changes in the neighborhood community and society to guarantee sustained economic improvement. The present demand for small along with large companies all over the world is to strike a balance between sustainable small business pursuits and natural systems. There are lots of businesses out there that could help you to better plan the future of your organization and make sure that you're able to go down the sustainable path. The Key to Successful Environmental Sustaina bility Essay Topics Sustainability in the environment is a significant issue to think about. It is vital to have a sustainable atmosphere. Address why the change should occur. Creating successful shift at work is multi-dimensional. As you believe about that previous statement, doing what you've always done, won't get you the outcomes you will need. In some instances, it's more logical firstly searching for the required information in the sources and after that proceed to the design of thoughts in the shape of an essay. The very first and the main one is choosing a correct topic. Such content doesn't comprise the definition of the chief subject. Sustainable development is about changing that. Next-generation thinking requires a groundbreaking approach! To make your life easier, we wish to offer you a list of over 100 best analysis essay topics. The Little-Known Secrets to Environmental Sustainability Essay Topics A ground up strategy is going to be presented together with information from companies which have been working on how best to lessen food waste globally, and been in a position to reveal cost savings in addition to reduced food waste and improved sustainability. The organization has reduced using water and energy in order to cut back greenhouse gas emission and bring down the price of waste and packaging. Ensure you only partner with likeminded green businesses and find methods to take additional security measures when handling materials and substances that might be hazardous to the environment. In the event the industry continues to concentrate on customer demand the moment it comes down to their menus, loca l produce is probably going to be a big influential component. The outcome of the report proved actually extremely surprising because the Millennial generation is the one which lives in one of the toughest financial climates in the previous 100 decades. Students may bring their own mugs and glasses when buying beverages to prevent using paper cups that aren't always recycled. The school has a cafeteria and a little coffee shop in the building which offers several types of food, in addition to coffee and tea. In the future if it would like to remain green, this is something they should look into for their food supply. Because of such a wide definition, you're learn that finding sustainable clothing is very quick! Today sustainable aquaculture commonly known as fish farming is accountable for the ever-increasing share of the worldwide aquatic food production. Many sections of the world have already started facing acute lack of water and electricity. The benefits of sustainable fish farming cannot be over-emphasised.