The law, nature, sources and importance
This discussion is going to focus on a number of issues. Firstly, an outline is going to be given on how the law affects business in a country. From there the importance of business law is going to be deliberated, followed by the nature and sources of law. Finally, a discussion is going to be made on how the law can be improved in a country.
The law has many impacts on business. In this discussion the writer discusses three ways in which the law affects business. Generally the law affects business in the following ways: * Protecting the interests of the investors * Protection of the provisions of business contracts * The law regulates the business environment * The law provides guidelines in the employee- employer relations * There are laws on tax * It promotes transparency.
Regulating business environment and operations
The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that all businesses operating in the country are known. If other business people get into business deals with that organization in case of disputes the courts can use the legal procedures to deal with such organizations.
Employment laws
Employment laws describe the working relationships among business and the employees. The employees must not be exploited by the businesses. It stipulates fair labor practices on both parties. It means the employee is protected as much as the employer. For example there are clauses on theft and frauds. The employees must not steal or defraud the employer. There are regulations that ensure that productivity is attained for the businesses and the country in general. Punctuality of employees is dealt with in such law. There are regulations that deal with compensation of employees. Such laws regulate the relationships between employees and employers and that ensures that productivity is maintained in the organizations.
Ensuring that contracts are followed
There are business laws that ensure that business contracts are followed. When two people get into contracts, one part may flout the conditions and terms of the contract. The law makes it possible for the courts to intervene and rectify the situation. Without such laws contracts would be entered into but later parties may fail to honor such contracts. The law sometimes stipulates what content should be found in some particular types of contracts. This ensures that enforcement of such laws is easy.
The above section has identified some aspects that can be covered by business laws. It also explained how such laws can assist the business community.
Nature and sources of laws

The next section looks at the nature and sources of the law. Reasons for having laws that govern business shall be looked at in brief.
Business laws are very essential in business. I. Firstly the law gives a frame work of all expectation s for all parties that are involved in business. For example in Zimbabwe, banks must meet certain basic conditions in order to operate in the country. The law itself tells would be business people what conditions they must meet in order to operate in the country. That would also make it possible for the government to enforce such regulations. II. The law informs people of the rules that must be followed in the country. Failure to follow such rules may lead to punishment. Some conditions may make it impossible for people to operate businesses in the country. III. All the expectations that must be met in business are laid down in law. For example in labor laws, the minimum wages may be established. The minimum working conditions are established. Those in business must meet such conditions. IV. The law stipulates what the government can do or not do. If there are no rules government may do anything it needs at any time. For example during deficit periods the government can wake up one day and tell every company to donate one million dollars to the government. Some governments that abuse power may seek funds for political reasons from companies. So the law gives a frame work in which businesses operate without undue interference from the government. V. The law gives the frame work for solving disputes that may arise among business stakeholders. For example what should take place if employees in a country go on a strike? Such law is essential to maintain a good business environment. VI. Laws ensure that the property of businesses and individuals are protected. It protects people’s copyrights and companies’ patents. VII. Collection of debts is easier where the law stipulates the procedures that can be followed when another person or partner has failed to meet its obligation to another party.
Generally the law assists in creating a climate in which businesses operate viably. Contracts are honored, employee-employer relations remain good, taxation is regulated, and social facilities are provided, among others. The negative aspects of business are that there is no discretion on the application of the law. Sometimes some emerging businesses may need lenient terms. If the terms of the law are too demanding some businesses close. Some financial demands on businesses may be too burdensome, hence affecting the viability of the businesses. Some laws on importation or exportation of good s may be too demanding. Taxation laws may stipulate high taxes. All these can negatively affect the business.
Sources of laws
There are two main sources of laws that can be grouped into two categories namely: * Primary sources * Secondary sources
Primary sources of law
One of the sources of law is the constitution. A constitution is the supreme law of the country. It gives a general framework of how the country should be governed. It touches on all possible areas of confusion in the governing of the country. The constitution is normally created by all citizens of the country. All citizens give their input. A referendum is usually done so that people vote for or against a proposed constitution. The constitution established the arms of law such as: * The legislative * The executive * And the judiciary.
Statutes
Statues are the regulations that are made by people’s representatives in the house of senate or House of Representatives. These people are usually members of parliament. They come up with their regulations that are meant to assist in the governance of the country
Then there is common law. This comes from the decisions of the courts that are based on the values and morals of the people of a certain nation.
Secondary sources of law

These do not bind on people. They are not used in the courts of law. These are usually the interpretations to the law that come for experts. These interpretations can come from researchers, commentators or those who review the laws of a country.

Nature of law

Usually there should be a relationship between the provisions of the law and what is thought to be just in the country. The law must uphold justice and fairness in the country. Some people have argued that laws that bring in injustice in a society are not typical laws that must exist in the country. Laws that are enacted must ensure that justice and fairness prevail in the country.
Secondary law in a country must be backed by the power of enforcement. In other words, if there are laws such laws must be enforced. There should be a mechanism for ensuring that the law is followed. When we talk of nature of law we are referring to how the law upholds moral facts and social needs of the people. The law itself must be derived from the social and moral needs of the people.
How the law must be improved
The law can be improved in several ways. Firstly there should be a procedure in which people who are governed by the law must make their inputs in the law. Laws must be changed at the demand of the generality of the people in the country. In some countries we have laws that have lasted for centuries. I am sure that it would be nice for the judiciary to consult the people, let us say once in fifty years. I have heard that the Constitution of the United States is over 200 years, with very few minor amendments. Surveys must be done on a lot of areas which are in the law to find out if the people still like such provisions.
This discussion has covered many aspects covered by the law of business, from the nature of the law to the benefits provided by the laws. In most cases some specific examples have been used to illustrate the points.
Reference
Spirit of the law versus letter of the law
Whether people or organizations wish to follow the letter of the law or spirit of the law depends on the country you are and the context in which the law is used. Pertaining to my country following the letter of the law is best. The letter of the law describes a situation where what is written in the law must be followed. It deals with the literal interpretation of the law. On the other hand following the spirit of the law relates to doing according to the intent of the law. The intention of the law may mean the objectives for putting the law in place. The spirit of the law relates to the social set up and the moral standing of the place where a person lives. I opt for the letter of the law. This ensures that there is no misuse of the law. What is stated must be followed. There is no room for options or leniency. For example if the law states that a person who has intentionally killed someone must be hanged that person ought to be handed. There is no room for discretion, as long as there is enough evidence that the murder was preplanned. Where the spirit of the law applies there may be discretion. Someone may say the person must not be hanged because he killed a person who had killed his wife. That is discretion. Following the letter of the law means that there is consistency and no selection in the application of the law. Why would people want to change what has been written and agreed on. Following the letter means that people are aware of the ultimate consequences of their action, they may not need to justify or thing otherwise. It is a cut and dry situation.
The reverse is true only in certain situations. The spirit of the law may be followed where there are mitigatory factors. These are extenuating circumstances beyond the control of the offender. For example if the person who has intentionally killed another person is a mad person, there the spirit of the law may be followed. That may apply also where for instance a minor has killed another minor may be during mimicking certain events. In my area a certain child was killed when the two children were mimicking how to commit suicide. So if there are factors that initiated the offence which is beyond the offender’s control the spirit of the law may apply.
How the law affects business.

The law affects business in several ways, but this usually happens in removing trust and confidence in the country. The law ensures that contracts are followed. The law also stipulates what conditions may be in the contracts for those contracts to be honored. The law also sets regulatory conditions. These regulations ensure that there is viability in the business climate. For example some laws force banks to keep minimum capital. That is there to create confidence of people in the banks. They know that in case of a problem they can recover their money. The employment law regulates the relationship between the employee and the employer. This assist in employees to give in their efforts and expect agreed on remuneration. Business viability is enhanced through that way. The law gives laws or regulations on importation of goods. It also gives frameworks for reporting of business activities to increase transparency. Business in the country should operate within given parameters. This allows for standardization of practices and reduction of fraudulent practices. Without the law some business would crumble. Some business people would be defrauded, for example by their employees. Bankruptcy would increase as there would be no honoring of business agreements. Some people may not pay taxation to local authority. That would affect public infrastructures such as roads and other transportation systems.
Reference
http://www.Isa.umch.edu/UMICH/orgstudies http://boss.nytimes.com http://www.bergen.edu/faculty/rangrello/globals.html http://www.ocregister.com/articles/business http://www.wjp-forum.org/2011

Journal Task

All countries have laws which they follow. Many institutions have got their own rules. In general laws ensure that there is smooth running of things in a country. Laws bring peace and understanding. Business laws are the laws that deal with business related issues. This discussion is going to explore the importance of laws to business in any country. Some of the importance of laws including the following: sets the expectation, it stops the government from unnecessary interferences, it protects the property rights, it sets the framework for dispute resolution, governing how contracts are implemented as well as protection of intellectual rights. These are however not the only ways in which the law is important to business.

The law is essential in that it stipulates the expectations on business relationships and operations in the country. Business people have their own expectations, the consumers have their various expectations, the employees, and other stakeholders have what they look forward to in terms of business. In order to ensure that there is no clash of interest among these diverse groups there is law. The law spells the social contract in the country. All business expectations are spelt in the law. An example is that a contract must be honored. If people or institutions fail to honor such laws the courts can intervene, where there is a complaint that has been launched by one of the parties. Other expectations that are spelt are how much of the proceeds of the business must be given to government as tax. There are various other legislations that must be fulfilled that bring obligations to businesses in other stakeholders. For example there are regulations pertaining the environment. Some countries require companies to pay carbon tax. Dumping of goods may not be allowed in a country. There may be need to get permission before starting some activities, such as mining. All these are examples of expectations that are outlined by the law.
The law stipulates the dos and don’ts in business. If certain dos are not followed the company may be required to take action. If a company does what is not allowed then the law takes its course by meting punitive actions on the offenders. Example of a don’t is do not plough within a 100 meter distance from the river. This is applicable to the agricultural sector for example. Stealing from a business partner is not allowed in business. Defrauding the public or government is not allowed. These are examples of rules and regulations that are present in some countries that regulate business operations in a country.
The law protects the business interests and rights of investors. These laws ensure that the investor’s investment is legally protected. Prosecution for theft is a way to protect the investors’ assets. The government may unnecessarily interfere in business issues if there is no legal framework. The government for example, if it does not have money can not just and demand money from a business. That is another example of protection. This is so because the government can also abuse its powers in as far as business is concerned.
The law as well protects property rights in the country. That may include intellectual property rights. For example that is why many companies have ant-piracy acts. The law ensures that no one takes what does not belong to him or her. This involves the business community to register their properties or businesses. For example if a certain vehicle is registered in Mr. Jones name, Mr. Tim can not come and claim it unless there is transfer of ownership. Licensing of business also serves an almost similar purpose. The government and the business community need to know as to whom owns that and that.
The law also assists in resolution of disputes. Disputes may arise from the infringement of property right, for example. Failure to make payments for services or the purchase of equipment may bring in disputes. The frame work for solving disputes is set by the law. An aggrieved person or business reports its case to the court of law. The court of law calls all parties and the case is heard. After looking on all facts, the court, which is an independent board, gives its resolution for which all parties must respect. Yes there is the right to appeal. The appeal procedure is also stipulated. The law also is there to harmonize relationships between employees and the employers. Laws or regulations stipulate what must be done at the place of work. That is usually covered under employment laws. For example some regulations stipulate the minimum wages. The conditions of service of certain industries may also be stipulated in the law. For example in Zimbabwe any person who has worked for more than six consecutive months must be made a permanent employee. No person must enter into two contracts of employment. These are stipulations that guide employee-employer relationship in a country. This leads to peaceful relationships as well as high productivity and profit. Businesses are protected from unfair labor practices as much as employees are protected.
The relationship between debtors and creditors must be governed by law. Without the law some people or institutions can not pay what they all other businesses. Without laws to govern debts and credits some businesses can crumple. Cash flow is essential for the continuity of business.
Having looked at the above issues it can be concluded that business requires law for its smooth operations. There are diverse groups with various interests. Such interests must be harmonized and that is what the law does. It must be explained that laws that govern and protect business are not only business laws. Criminal laws also protect businesses and business relationships.

Reference

http://www.Isa.umch.edu/UMICH/orgstudies http://boss.nytimes.com Litigation versus law

There are many offenses that take place in life. Some offenses are committed by individuals; some are committed by organizations, groups and even countries. These have led people to find mechanisms to try to find solutions to such problems that face human beings, either as individuals or as groups. Misunderstandings are found almost everywhere where people are found. In case one party has a grievance, a resolution is needed. In order to solve grievances between parties there are two broad categories of mechanism for resolving these. The two groups of mechanisms are litigation and alternative dispute resolution (ADR). This essay will look briefly in each of these two mechanisms of resolving disputes. It would then find the best means of addressing the given cases.
Litigation refers to a situation where the courts of laws are involved in finding a resolution to a problem or misunderstanding that arises between parties. During litigation, an aggrieved party brings its claim to the court of law, whether it is a civil or criminal case. The jury would look at the case. The court caries out its due procedures to determine the truth of the case and comes out with its own conclusion or verdict and due penalties. The other means to deal with grievances is through the use of the alternative dispute resolution (ARD) mechanisms. The alternative dispute resolution refers to a situation in which grievances from any parties are not brought to the courts for determination. These grievances are therefore settled without the court’s involvement. Some of the means for ARD include: * Negotiation, * Mediation * Arbitration * And conciliation
Negotiation is where the two involved parties come together to discuss and come out with their own resolutions without the involvement of other parties. While on the other hand mediation is where there is a third party that is called the mediator, who brings the other two parties together and discuss the problem. The mediator is just there to guide these parties to come to a settlement. The other form of ARD is arbitration; this is where another party called the arbitrator is involved. The arbitrator hears both sides of the case. At the end the arbitrator gives the final decision. There are many factors that tell whether ARD or litigation must be used. Some of these factors include the nature of the case, the cost and the urgency required to resolve the crisis. The nature of relationship between the parties also plays part. The following are some relationships that can be there between the involved parties:
Business to business (B2B)
Business to customer (B2C)
Business to employee (B2E)
This existing relationship tells if one has to take litigation or not. This may be different from a case that involves complete strangers. An example of complete stranger maybe where two people involve in a road accident, in which case a dispute arises which must be settled. Let us now turn attention to the following cases. The task is at hand is to find the best way to address a grievance, whether litigation or ARD is the best.

CASE 1

Adele is a secretary for a company and has misused company’s funds to meet het personal purpose with the expectation of bringing back the funds in due course. However, before Adele brings back the funds, the accounting manager of the company discovered that there was missing funds in the company account. From the look of the case it is best to use alternative dispute resolution (ADR). The first reason for that is that there is an already existing relationship. There is a business to employee (B2E) relationship. Negotiation could be the best way forward. Another factor is that the case is a clear one. Adele has admitted that she used the funds for her own purpose. So the nature of the case is clear. It is very difficult for Adele to refuse to pay back the money. Other measures may however be required in the process. Most businesses have their own regulations, which are called the code of conduct that spells out what must be done in such case. It there seems very important to use ARD.
CASE 2

“Robert has purchased a doll from a large, multinational company for his daughter. His daughter enjoys playing with the toy. However several weeks after getting the doll, Robert’s daughter pulls one of the dolls’ fingers. She puts it in her mouth and swallows it. The doll’s finger blocks her airways. Robert rushes her to hospital. Doctors are able to remove the doll’s finger but not before lack of oxygen cause brain damage to Robert’s daughter, resulting in extensive medical bills and a heavily impaired quality of life for the little girl.” In this case litigation is necessary. The first reason is that there is now a good preexisting relationship between the two parties. And there is no guaranteed of continued relationship. The second thing is that the case is not clear. It is difficult to apportion the blame clearly to one party. The company where the doll was bought could argue that the daughter was at faulty since she severed the doll. Robert may argue that the doll was not strong enough. This brings a lot of controversies in the issue. The decision of the jury may be necessary. This is so because the involvement of an experienced neutral party may essential. The damage to the child is also very extensive. That may need the involvement of the medical staff to give their own witnesses. Experts may be required to test the strength and safety of the doll. So this is a more complex case that requires the involvement of the courts of law.
CASE 3

ABC c company has ordered several light bulbs from XYZ company.ABC ordered specialty bulbs to be used in special lamps they produce. These lamps require 250 watt bulb, but XYZ sends 150 watt bulbs. The mistake delays the shipment of several thousand heating lambs, resulting in losses to ABC. Again this is a case that requires alternative dispute resolution. The first reason for that is there is a business to business relationship. There may be need for such a continued business relationship that is beneficial to both parties. Secondly the case is clear. The requisitions for the type of globes may be in writing, the specifications are there. It is easy to find out as to who has messed up without the need for special investigation. The best thing is to have a negotiation. A consensus must be obtained.
Having looked at the above cases, it is evident that there is need to find the best method to solve a problem or misunderstanding that occurs between parties. For a grievance that has arisen between parties that have an existing relationship alternative dispute resolution may be instituted. Most parties start with negotiation. If they have failed to agree on their own then they can go for mediation. In case that mediation has failed then they can switch on to arbitration. It must be emphasized that if these means of ARD has not yielded a resolution, then litigation may be used as the last choice. This is so because all the other avenues would have failed. Litigation has many disadvantages such as the following: * It is expensive * It may be intimidating * It may take a lot of time * There may arise counterclaims, among others
These disadvantages may be compared to the advantages of alternative dispute resolutions. ARD has the following advantages among others: * This type of addressing grievance is less formal and it is not intimidating, * The resolution is quick to come about * It does not involve a lot of expenses * It can be sorted with the involvement of a mediator or arbitrator as compared to the jury, * After any agreement, the resolution of the ARD may be made to be backed by the law, through endorsement.
Considering the disadvantages of litigation and the advantages of ARD it is obvious that if possible it is wise to go for the alternative dispute resolution. The existing business relationships must be considered when one wants to propose the best way to deal with a grievance. The current international trend is to resort to ARD. For example even, in most disputes that involve nations among nations mediation has taken the centre stage. Most international disputes are resolved through mediation, and that has assisted in maintain good relationship between the involved parties.
In conclusion it is important to note the importance of ARD in dispute resolution. However, litigation has its own role inn grievance handling and resolution. The gravity of the situation dictates the means to solve the problem. Both litigation and alternative dispute resolutions are essential in the current business world.
Reference

Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com http://www.kentlaw.iit.edu http://www.phoenix.edu/profile/faculty/robert-caldwell/article

USA Jury System
The USA jury system can be adopted in other countries. The main reason for that it is a transparent system where justice and fairness can be achieved where offences could have taken place. The procedures for litigations are clear and prescribed. The other factor is that this jury system is financed by the government. It means an individual can seek justice at a low cost. This jury system allows that all people or parties that have grievances have a way of having their grievances redressed through litigation. Moreover this system allows ordinary people in the country to have their grievances addressed. The system generally is clear and straight forward. For example an aggrieved person presents his case to the jury through a claim. The government prepares for prosecution. The case is brought before both parties, with each party bringing its side of the story. The defense is given ample time and room to gives its own version. Witnesses are called. The witnesses are examined and cross-examined. During that process usually the truth comes up. Again, both parties can be given room to be represented by lawyers of their choice. The use of the grand jury ensures that justice must prevail. So the transparency of the system, its costs, clear procedures and the system of appeals are additional factors that may lead to other countries wishing to adopt the system. Finally the judgment would come at the end from the jury.
The other way in which to deal with grievances is the use of what is termed the alternative dispute resolution (ARD). This is where grievances are resolved outside the judiciary system. There is no usage of the court or litigation. The three main means is through, negotiation, arbitration or mediation. Negotiation is where the two involved parties come together and discuss the problem. The parties must come with a solution at the end. They make their own decisions and come to a consensus. Mediation involves a thirty party coming in, but the third party only gives suggestion but can not impose its own decision. Arbitration is where a third party is involved, where the third party makes a final decision. An example is where there is a misunderstanding between an employee and the employer. It is not necessary to rush to courts. A compromise must first be sought for. Another example is where there is a misunderstanding between business partners. It is not good to rush for litigation. The parties must first negotiate and come with a compromise. So relations that are business to employee, business to business and business to customers must be first resolved through the alternative dispute resolution system.
Topics to include in vigilance against crimes
These may include the following: * Forgery * Misappropriation * Kickbacks * Bribery * Grease payments * Exhortation * Cybercrime * Vandalism * Employee theft * Corporate espionage
The most important topics are those that lead employees to lose their jobs and at the same time get in prison. The most serious cases therefore include: * Employee theft * Misappropriation * Vandalism * Forgery.
This is so because these bring loss to the company. So employees must be made aware of.
Reference
Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com http://www.law.cornell.edu/rules/frcp/rule-1 http://brainz.org/what-civil-law
Purposes of criminal and civil laws

There is a marked difference between criminal and civil law. This essay looks at the differences between these two laws. It details the purposes of the criminal law as well as those of the civil law. Then it will analyze the situation that would exist if there was the criminal law only, without the civil law.
In simple terms the civil law refers to the regulations or rules that are there to uphold the rights of citizens of a country. In this case the individual citizen brings a claim against another citizen. On the other hand criminal laws are the laws that are made to ensure that there is law and order in the community. These are aimed at protecting the entire community or society. The government in this case is always the plaintiff.
Purposes of criminal law
There are main reasons for the establishment and maintenance of criminal law in any country. The following are the main reasons for maintaining criminal laws: * Punishing the offenders * Protection of the society * Deterrence for the reoccurrence of criminal activities * Rehabilitation of offenders
Punishment of offenders

Punishment refers to the infliction of pain to a person following an occurrence of an unwanted behavior. The offender is put under unpleasant conditions as a result of the criminal act that has been done by that person. Examples of punishment are imprisonment of a thief. In some countries the people who kill some one can be hanged as a punishment. In my country Zimbabwe death penalty is still being used. This is punishment. Punishment acts as a deterrent to would be offenders never to do it. Punishment is a means to force an offender never to repeat such an act again.
Protection of the community

Another aim of the criminal law is to protect the society. In other words it means that the people in a certain community need protection from bad or harmful activities that may be perpetrated by certain people. For instance, the law protects people from having their properties being stolen. A thief is put in prison for stealing. For very serious cases the person is given a long sentence so that he is kept from the community for a very long time. In Zimbabwe, for instance, people who rape are given a long sentence of more than fifteen years in prison. This is to ensure that for that time the society is protected. In case very a rapist is found to be HIV positive, that person is put in prison for life. This is so because Aids is such a dangerous disease. All bad people must be removed from society to bring peace and order in that place. People must be protected from thefts, murders, rape among other serious and even, minor crimes.
Deterrence
Another reason for having criminal law is to ensure that there is deterrence to the occurrence of criminal activities. The idea is that would be offenders must learn from those who are given penalties that carrying such as activity would lead to such a consequence. A person who steals from someone is put in jail for seven years. Other people would not like to be in jail, away from their loved ones for such a long period of time. People therefore will avoid doing such activities. Loss of freedom is a painful human experience. I can not personally imagine spending ten years without the freedom to move around, the freedom to choose what to eat and the like.
Rehabilitation of offenders

The law is there to assist in rehabilitating the offender. A person jailed for six years for stealing a cow, would never want to repeat stealing other cattle. In jails in Zimbabwe, the offenders are given a lot of counseling and education that would assist them never to do things that are against the law. Some religious leaders are required to go to have religious sermons in jail. A lot of people came out of jail with new orientations. Some have become Christians or members of other religious sects. In Zimbabwe, Christianity is the main religious group.

Purposes of civil law

There are two main motives of civil law. One of the, main aim is to ensure that there is compensation for the loss or injuries that have been perpetrated on another person. It also aims to punish offenders who have been very negligent in behavior.
So one of the main function of civil law is to ensure that there is fair compensation for the loss that one person has incurred. Let us say that a husband and a wife have divorced. Some husbands for example may take all the property. However the civil court is there to ensure that the property is shared equitably. Another example is where a man has had a child with woman, but he does not want to marry that woman. The court in Zimbabwe allows the wife to claim maintenance for the upkeep of the child. This can apply either ways. If the child is staying with the husband the wife must also pay maintenance cost. Negligent people in the society may be punished.
If in a country there is only criminal liability there would be a lot of problems. This means that many people would have a lot of loss. In a case of one parent staying with a child it means that parent would have a very big responsibility while the other party is not involved in looking after their child. There would have no responsibility for the actions that some people do. In the similar case as above, a person can go on and on having affairs where children are born, but does not take part in the upkeep of the child. The sense of responsibility to others and the society would diminish. Some disputes especially those dealing with domestic disputes would go unresolved. Issues of inheritance and estate would be very difficulty to settle out. Some contracts would be violated and bleached, with no repercussions for those who violate them.
From this discussion it can be seen that both the criminal and civil laws are very important in the society. They serve two essential, but different set of functions. The taking of responsibility of being complainant by the government is very essential in delivering justice for criminal offences and the protection of the society. Private rights are taken care of through the civil law.

Reference
Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com http://www.kentlaw.iit.edu http://www.phoenix.edu/profile/faculty/robert-caldwell/article http://www.boat.or/criminallaw/civilrights/laws.php Case study
Stella Lie beck’s case
Scenario
There is a case involving Stella Liebeck. She is an elderly grandmother who got a three degree burn when she spilled coffee she purchased at McDonald’s drive through. She then made a civil claim against McDonald’s. This discussion analyzes the circumstances surrounding this case and the possible legal action taken, and their bases.
This is case is under tort. We need to understand what a tort is and what a three degree burn is in order to clearly analyze the case at hand. We also look at strict liability means before giving an evaluation of the case. A tort is a case which is civil in nature. What this involves is that the plaintiff is an individual who is filing a law suit against another individual. By individual we include organizations and companies. The main premise is that plaintiff is not represented by the government. The objective of the plaintiff is to get compensation for the damage he might have suffered. The damage may include property loss or any loss in monetary value suffered by that individual. The complainant wants a compensation for the injury obtained from the action of the offender. The tort law is based on the values and norms of the society. An example of a tort is a defamation which a person may have been subjected or a libel. The main basis for tort may be negligence, but there is also strict liability. Strict liability refers to the need for compensation arising from the offender’s activity that may be negligent or not.
Strict liability arises from any of the following: * Product liability * Ultra hazardous activities * Animal handling * And some statutory offenses
Product liability refers for the need of compensation arising from a faulty product or service. A plaintiff requires compensation based on the damage that has arisen from the faulty product.
Ultra hazardous activities

These are activities that may lead some one to lose value of his/her property. A good example is from our text book. This is where a quarrying company has caused damage to a person’s house. So that person requires compensation so that he can rebuild such a house.
Definitions relating to Stella’s case In order to fairly analyze Stella’s case we need to understand certain concepts. The following two concepts are going to be closely analyzed: 1. Third-degree burn 2. Product liability
Third-degree burn

This is a serious type of burn. It causes serious damages. Some effects of such damage can be life long. There is also intensity of pain and suffering. According to the free Dictionary a third degree burn is a burn where the outer and inner layers of the skin are destroyed. These two layers are respectively called epidermis and dermis. In most cases the nerves are exposed and may be permanently damaged.
Product liability

This is where there is a defect in the product which the plaintiff would have obtained. Why we have defined product defect is because Stella’s case can only be considered in respect of it being labeled product defect. The burn would have been caused because the product was defective. By being faulty it means the effect of the product is not according to the intention of the manufacturer. According to law school.com the following are the key aspects of product faulty. In other words the following conditions must exist for it to be called a product faulty: * It should be clear that the defendant was the manufacturer of the product * The defendant may be the supplier of the product * The product has got a faulty that makes it to fail to perform the duty as intended by the manufacturer or assumed to be by the plaintiff on the time of purchase * That the faulty was there when the plaintiff obtained the product * It must be true that the faulty was the one that led to the injury
Let us turn to analyze Stella’s case in light of the above description of product liability.
What was the basis of the claim against McDonald’s?

Stella believed that the burn was a result of the faulty product. The coffee might have been excessively hot. The other reason for that is that the manufacturer had no intention that the coffee could cause so much injury. The coffee was excessively hot, that even if Stella could have drunk it could have caused burns in her mouth. The temperature of the coffee could be labeled excessive or beyond the prescribed or what the, manufactured intended it to have. The other argument is that such hot temperature was present when Stella bought the coffee. Stella did not reheat the coffee to increase temperature. Negligence can come here in that the manufacturer did not taste the coffee before giving to the clients.
Was the tort intentional, negligent or strict liability?

The tort is most likely to be strict liability. No one can be sure that it is negligence. But what is certain is that there is need for compensation whether it was a mistake or negligence or unintentional.
Why did Mrs. Liebeck’s lawyers believe that McDonald’s was liable to Ms Liebeck?

It seems definite that McDonald’s was liable for the damage. This is so because when Ms Liebeck bought the coffee when it was as hot as it was much that it burns her to such degree. Coffee prepared to be instantly drunk must not as hot as to cause third-degree burn. It would have been better if it has caused the first degree burn.
Do you think it is reasonable that hot drink from a restaurant might quickly give you a third degree burn?
It seems very impossible that a drink from a restaurant can give one a third degree burn. The reason for that is that normally water does not have a temperature that rises beyond hundred degrees Celsius. If water has some pollutants like coffee it should boil below hundred degrees Celsius. Liquids that are far above hundred degrees Celsius are the ones that should give third degree burns. Such serious burns can arise only if there was another substance in the coffee that was neither coffee nor water that was responsible for raising such temperature. May be the extent of the burn was increased because Ms Liebeck had had a recurring problem with her skin. That might have required a doctor to diagnose Ms Liebeck’s skin.
How the jury decided the case this way?
There are a few things that can make the jury to come with a judgment that McDonald’s was liable. The main thing would be that there were witnesses who saw that Ms. Liebeck was burn by the coffee. Secondly Ms. Liebeck would not have left the McDonald’s restaurant with the tea. The other point would be that Ms. Liebeck had not added another ingredient in the coffee, which could have been verified by specialists through laboratory tests. The other issues was there was a medical report that certified that the injury came from the coffee and that she had no problems related to her skin. If Ms. Liebeck was burnt under these above conditions then the jury had the right to say McDonald’s was liable.
The case of Ms. Liebeck is a trick one which required laboratory tests. It also required witnesses to the burns. That case also required that Ms. Liebeck be tested to find if she had no defect on her skin or she had not applied any chemicals to her skin that would have reacted to the coffee or to the hot water. Without such specialist tests and witnesses from first hand people it would be a very controversial case, in respect that water can not boil to reach high temperature that could cause third degree burns.
With regard to the above case personally I would suggest that McDonald’s should be held liable unless perfectly proved otherwise. The other aspects that can assist in this case are that of precedence. The question to be verified would be if there was another person on the same day who would have been a victim to a similar act. Or where there other similar cases that would have arisen in the past. The knowledge of specialists such as doctors would have been very essential in passing the final judgment. In case of that being a unique case many other factors would need to revisited
This essay has therefore looked on the queer case of the third degree burn that resulted from coffee that would have spilled on to the complainant, Ms. Liebeck. We looked at Product liability, in which category Ms. Liebeck’s case could fall under. We discussed the sides which Ms. Liebeck’s lawyers would have argued out. Later we looked at how the judges could have come up with such a judgment that McDonald’s was liable for the third degree burns which Ms. Liebeck suffered from. Although it seems a trick case, if ample evidence is presented it is easy to come up with a convincing reason to hold McDonald’s liable.

Reference
Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com
Schaffer, H & Schonenberger, A. (1999).3100.Strict liability versus negligence. Universitat Hamburg (University of Hamburg).
Third Burns refer http://www.meriam-webster.com/medical/third-degree%20burns
Strict liability/lawschoolhelp.com http://www.west.net/_smith/strict.htm http://encyclo.findlaw.com/3100book.pdf http://www.law.cornell.edu/wex/strict-liability
Sherwood case
The Sherwood case is one that involves the fulfillment of a contract. It also shows how the court can get involved in cases that deal with a contract. Another issue arising form this case is one that deals with the formation of a contract. It is essential to have a contract that is properly formed if it is to be honored all along. This discussion looks at case of Sherwood and how it was resolved and how that same principle can be applied in business and real life today. What precedence has this case served?
The Sherwood versus Walker case is a very interesting one. This case is as follows. Theodore Sherwood, who dealt with the buying of cattle for beef, approached Hiram Walker on May 22, 1887 with the intention of buying a cow for beef. Walker, a farmer who dealt with breeding cattle and selling them showed Sherwood the cattle he had. However Sherwood was not interested in the cattle that he saw. As a result that prompted Walker to tell Sherwood to come to his other farm that was in Greenfield in Michigan, where he kept cows that were thought to be barren. Walker had kept all barren cows and potential barrens in a separate farm. Upon visiting that farm, Sherwood identified a cow that he wanted to buy. That cow was named Rose2d of Aberlone. The tradition was that cows that were barren were sold at a cheaper price than fertile ones. As a result Walker agreed to sell Rose to Sherwood at $80, on the understanding that Rose was a barren cow.
However after this verbal agreement to sell Rose to Sherwood, Walker discovered that Rose was pregnant. When Sherwood brought the money to buy Rose, Walker refused to sell that cow. He refused to accept the payment for that cow. That did not go well with Sherwood, who felt cheated. As a result Sherwood took the case to the court. He was given a writ, which gave him the power to take the cow from Walker. The basis for such an action was that there was an agreement to buy and sell the said cow. However that did not go well with Walker. As a result Walker appealed to the court. That appeal was heard by the Supreme Court in Michigan.
Walker defended his decision not to sell Rose to Sherwood. He said that the two parties had agreed to have that transaction on the understanding that Rose, the cow, was barren. Since Rose, the cow was then pregnant it showed by fact that it was not barren. Walker had charged it $80, on the basis of its barrenness. However, in the case that the cow was not barren then it should have cost between $750 and $1 000. The court then said that if the contract was entered into on the basis of mistaken facts then the contract could not hold. The Supreme Court awarded the case to Walker.
There a number of legal issues in this case. The main fact that led to court to give a verdict in favor of Walker was that the contract was entered into on the basis of mutual mistake. This means that both Walker and Sherwood were wrong on their facts when they agreed have that transaction. Both had consented that the cow was barren. One fact that emphasized that fact was that Rose was being kept in Greenfield where only barren cows or potential barren cattle were kept. When the cow was seen to be pregnant it meant that there was need for consideration. Consideration in this case meant that if that contract was somehow to stand there was need for additional payment for such a purchase. Consideration relates to additional incentive for the binding of a contract where the supposed facts or conditions have changed or been altered. In common law for a contract to bind three conditions must exist. The condition is that there must be three principal aspects of an enforceable contract. This means that there should be an offer, an acceptance and a consideration. So in the case of Sherwood and Walker, one condition of an enforceable contract was missing, which is consideration. It is not however clear that there was an offer in writing and an acceptance in writing. These days it is safer to have all these conditions explicitly stated in the contract document. In this case what the jury was supposed to work on and verify was whether or not the cow was barren. Once the court proven that the cow was not barren the case was in favour of Walker. The main fact is that the price was of a barren cow not for a fertile one. The issue is that there is no contract if there is a difference between a product for which the contract was made and the actual product that is delivered and received. Where there is such a difference the contract is voidable. Another point is that according to the common law a person who makes a contract has the right to cancel or revoke the contract if such a contract was entered on the basis of false information. However some argue that the problem was that of Walker who made a wrong evaluation of the cow and that such a mistake must not affect Sherwood. The decision to cancel that contract was derived from the principle of mutual mistake of the parties.
What approach did the court take?

The court held that there was a mutual mistake on both parties; therefore the contract was rendered voidable. The other basis was that there was a difference between the nature of the agreed good and the one delivered or received, in such a consideration was required to make the contract stand. The bargained for cow was a barren, but the delivered one was fertile. The fertility of the cow is evidenced by its pregnancy.
How the principle could be applied in modern business scenario

A good scenario of how such a principle could be applied is as follows. In an example of recruiting a manager, the recruiting company wants a Human Resources Manager. On the day of signing the contract the company has pegged the number of its employees to remain at 1000 people because there was a low demand on its products. Let us say now that there has been a jump in the demand of the company’s products. In order to meet the new demand the company employs another additional 1000 people. On the contract however it was indicated that the maximum employee number was 1000. By the time the new manager starts work the company has already employed the additional people, making its workforce number to be 2000 people. If in the original contract the Human Resources Manager was entitled to $2300.00, then with the new dispensation, it means there has been a shift. The new Manager may request additional incentive to meet the new, expanded work load.
Another example may be is one where an automobile company has signed a contract to deliver 50 automatic vehicles to a buyer called XX. Let us say each such vehicle costs US $50 000. If the company that was contracted to procure the vehicles brings in vehicles which are not automatic in nature, then there is a breach. The contract does not stand because the vehicles supplied are not of the type and make that was agreed on in the contract. We can find many examples of scenarios where the Sherwood and Walker case’s principle can be applied.
From the case of Sherwood and Walker there are a number of lessons and principles that can arise. One of the main learning points is that there is need for care in the contract formation stage. If a contract is poor from the formation stage it becomes difficulty to enforce it. Sherwood and Walker entered in a contract based on wrong information. Therefore all conditions of a contract must be explicitly or specifically stated. The three main aspects of a contract must be met, that is the offer, the acceptance and the consideration. If one of these three is wrong then the contract is not legally enforceable. There must be an explicit statement of offer in the contract. Then there must be an explicit statement of acceptance in the contract. The conditions of acceptance and offer must all be stated clearly in unambiguous terms. There is need for witnesses to the signing of the contract. It is essential that the people who sign the contracts must have the capacity. Capacity is usually used to mean that the person is of the right age and the sane mental state. Such persons must be the responsible people in an organization. The legally responsible person must sign business and employment contracts. Terms and conditions of the contracts must be in writing and clearly explained to avoid suits in the future. Consultations of legal advisors are now common nowadays for the layman before signing a contract.

Reference

Sherwood and walker. Supreme Court of Michigan, 1887. 66 Mich.568, 33.N.W 919. Dawson pp606-612.facts. Walker contracted to sell Sherwood a cow. Retrieved: http://lawschool.mikeshecket.com/contracts/sherwoodvwalker.htm. http://en.wikipedia.org/wiki/sherwood-v-walker. http://www.west.net-smith/sherwood-v-walker.htm
Broken promises

I have had a number of promises that were broken. The main one I hereby focus my attention pertains to my employment contract. I was interviewed for a job post as a human resources officer by a company named Matanuska Pvt. I was successful in the interview. After three weeks the person who interviewed me called me to his office. We negotiated for a contract. We agreed in all terms of the contract. The contract stated that my salary was going to be USA $100.00 per month. That amount was a very good salary in my country. I signed the contract. When the date to start work arrived, I was assigned to go to a subsidiary of Matanuska Pvt, which is called Chipinge Banana Company. However, Chipinge Banana Company has got its own management, though they had assigned Matanuska to find a Human Resources Officer. I started work quite well. About two weeks later, the General Manager at Chipinge Banana Company asked me to come and sign another contract. I went in and found that the terms of the contract were very bad. For example there offered me $50.00 instead of the $100.00. I told him that was impossible. I showed him the contract that I got from Matanuska. The General Manager however told me that Chipinge Banana Company was a stand alone unit that had a separate management. I was referred back to the parent company. The recruiting officer admitted that he was not supposed to have given me that offer in terms of money. He advised me to get a compromise with the General Manager. I decided to sue them, but my friend who is a legal advisor advised me against it. As a result I later settled for a new contract with a poorer off salary and conditions of service. The contract that I had with Matanuska was legal one that could be enforced because there was an explicit offer term that was signed. There was also a definite acceptance clause that I signed. Consideration was there because my due benefits were stated clearly. What I did was to opt for an alternative dispute resolution mechanism instead of litigation.
In case where I need to enter into a contract with someone who can not read the language of the contract, I would not enter into such a contract. The main reason is that the other partner may lack in capacity because he/she can not read and verify all the terms that are written there. Others may argue that it is possible to enter in that contract because ignorance can not be accepted as a reason not to honor a contract was you would have assented by your signature. The best way to deal with that case is to have an interpreter who interprets that contract into a language that person understands. That contract is also written in the language that person understands. The contract is legally binding if that person understands clearly the conditions of the contract, through, for example the service of a translator or an interpreter.
Should there be more guideline in government regulations and standardization of contracts? Government guidelines are needed to create standardization of contracts whenever that is possible. This ensures that there is consensus and would avoid disputes in the future. That would also allow courts to deal with such cases with fewer complications. The guidelines do not show exactly what should be written in contracts, but can give the scope to be covered in a contract. In my country an employment contract must contain certain clauses as follows: * Name * Identification particulars * Period of contract * Wage/salary * Leave provisions * Medical assistance * Accommodation.
These are examples of guidelines. Lawyers in some cases give guidelines. So it is possible for government to give guidelines of requirements in making a contract that is binding in respect of the aspects agreed on.

Reference
Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com

This week there were many students who complain about the poor assessments of their assignments. Although this complaint is a good one I feel that as students we need to look deeper into ourselves and find ways to improve. If we know everything we can not come to learn. I appreciate the concerns raised by my fellow students. As an individual I try my best to mark as accurately as possible. However I do not think that at University level students should expect to get hundred percent. We should strive toward improving our grades through researches and hard work. Our education system has its very good advantages at Uopeople which we must appreciate. On the other hand I feel there is need to keep ion assisting others on how best to assist each other in learning how to assess better. That learning on how to assess others must be a continuous process on part of us students and the tutors as well. The idea that the persons who mark our assignments do not know whose assignments they are marking is very important. I was also very impressed to read how Uopeople is receiving international support from some of the best Universities in the world, such as Oxford University and New York City. That is impressive and assures us that we are receiving the best attention world over, irrespective of us being highly disadvantage people.

Journal task 4
The issue of the enforcement of contract by the government is very essential. In responding to this week’s journal task I will discuss the importance of the government involvement in enforcement of contracts. While most of the opinions in this discussion are mine have consulted a number of sources. One typical source is a paper by Messick, Richard. Much of the discussion here will relate to business contracts although that can apply generally.
Before, delving deeper into the subject matter, I wish to emphasize that not all contracts are enforceable. Like what we learned from our week’ reading a contract that is faulty from the beginning or the formation stage can not be enforceable. The three aspects that must be explicitly covered in the contract are: * An offer * An acceptance * And consideration
Whereas it was easy for me to understand what these are about I was touched by the fact that an acceptance is a mirror image of the offer. I say this because practically, in my country or in most contracts which I have come across that is not explicit. As a person who works in Human resources department, a department where most contracts are crafted in a company I am happy to acquire such a new understanding. With a well written contract the government must be involved in enforcing them. Generally the government must get involved in most contracts. If two or more parties have agreed on certain issues and sign for I am sure the government must guarantee the implication of contracts. Whereas the government may drag itself from involvement in some contracts based on their substance, definitely the government must get more involved. No people or parties may spend time in getting contracts on simple, useless things. Even if some of the matters may immaterial in the eyes of the government enforcement may be necessary. My personal feeling is that contract enforcement by the government must be a constitutional mandate for all its citizens irrespective of the crux of the matter in question. Making contract enforcement for me like a constitutional duty of the government is a way of respecting the rights of the country’s citizens irrespective of the matter in the contract. Once people or parties draft and sign a contract, in a matter which is not criminal or illegal I feel the government should get involved. In what I ma discussing here I related my points to the democratic wished of the people of a country, whose wishes the government must protect. Sometimes the government does not need to judge too much. To me a contract is a contract as long as it does not infringe on the rights and obligations of other citizens of the country. By the term citizen in this discussion I refer equally to people as it relate to organization or other various groups found in the country. I think the government must respect and enforce the democratic choices of the people or citizens under its jurisdiction, unless where there are violations to international laws and guidelines.
After finishing the above debate I feel as if I had been rumbling too much. Now let us focus on the importance of enforcement of contracts in the country. Now I adopt an economic point of view in my arguments. The first and major point is that contracts are part of the life blood of commerce and industry. Development comes from the effects of enforcement of contracts. Douglass in Messick (2000) pointed that, “the lack of means for enforcing contracts …is the single most important source of economic stagnation and underdevelopment in developing countries.” I tend to buy that argument. Before business begins in any country contracts are signed. When a contract is signed it means it must be followed. In this case I think it must be followed both in spirit and letter, if that is achievable. If contracts are enforced in a country many entrepreneurs would come and invest. These people know that they would reap the results of their investment. Whereas as contracts may be enforced by private mechanisms, government enforcement seems to be the best and more reliable guarantee. Enforcement of contracts creates confidence and good expectation in any economy. I want to relate what I learned in Economics that confidence plays a vital role in economic development of a country. Foreign investors come to places where there is rule of law. One major aspect of the rule of law is the enforcement of contracts. I want to hypothesize on the importance of contract enforcement in the country. I want also to apply the implication of the multiplier effect in this regard. In Economic we learned that the multiplier effect is how much little investment balloons out in its impact on the economy. If there is the rule of law, there is high enforcement of contracts through private and public mechanisms; this lead to investors to have a lot of confidence in the economy. More foreign investment comes into the country. The economy expands. The gross domestic products increase. The government has funds to pay their debts. Social infrastructure grows as the government gets more revenue from taxation. Public services such as roads are improved. There is poverty reduction, and increased standard of living leading higher life expectancy of the people. That is how enforcement of the contract affects business confidence in the economy and the ultimate ripple effects. So we can say enforcement of the law is part of the rule of the law that affects business confidence in the country. With enforcement of contracts financial institutions will lend out money to investors. Foreign firms can get in multinational projects with local firms, leading to higher employment rate in the economy. Even politicians gain mileage from this.
The government is the last resort of enforcement of contracts (Messick). So if government enforces the contracts, citizens honor the contracts since they would be afraid of litigation on the breach of contract claim. Economic growth depends on the enforcement of contracts. The capitalistic or free market economic system also depends of enforcement of contracts. Enforcement of contracts has nothing to do with the nature of the political dispensation in the country. All various political system of governance must ensure that contracts are enforced.
Messick quoted that in Chile, for example even cell phone users who fail to pay for the service are dragged into courts where they are forced to pay. Another example is for Romania, where the government enforces the payment of credits. That is a sound economic perception.
Without the enforcement of contracts, according to Kristopher (n.d) the following would happen: * Citizens refuse to pay their credits * Some citizens would not deliver some agreed on goods and services * Price can not be fixed in advance * Traders would do most of their transaction with their friends or family members, whom they trust. That leads to stagnation in the economy * Banks and other financial institutions reduce their lending of money * Most transactions are done on cash basis.
These are some of the bad effects that would befall on the economy
In conclusion I can sum up by saying that government must ensure that all business contracts or business related contracts are enforced if there is need for economic development. Bilateral agreements between government agencies or ministries must be enforced by the law to ensure that there is good public image of the country. Although it may be difficult to enforce all contracts the government has a constitutional and humane duty to ensure that contracts are enforced.

Reference

Messick, R.E (2000). What governments can do to facilitate the enforcement of contracts? Paper presented at Cairo, Egypt November 28-December1, 2000 retrieved from: http://www.businessenvironment.org/dyn/be/docs/sessions.1messicdoc.pdf
Kristopher (2009).why contracts are enforced- notes from law school. http://lawschools.ekris.org/2009/04/why-contrcats-are-enforced.html

Should genetically modified organisms be patented?
This essay is going to discuss whether or not genetically modified organisms (GMOs) must be patented. The write will start by looking at what GMOs are then go to what intellectual property is. From there he will proceed to look at the arguments in favour of patenting GMOs and finally at the arguments against patenting GMOs. This shall be a discursive essay.
Genetically modified organisms are living things whose DNAs are altered by the infusion or removal of some of its components. By organisms here we are referring to both animals and plants. Animal cloning is an example of genetically modifying organisms. Generally the aim of modifying organisms is to make them more adaptable to the conditions in which they live so that they have better lives.
Having looked at what GMOs are we are moving to looking at what intellectual property mean. Harindas & Prajapati (2011) defined intellectual property as the creation of the mind. What this means is that a person or ground of persons have come up with new information or material. This may also include adding new attributes to an already existing thing. These authors therefore argued that, “any outcome of a man’s cerebral labor is protected as private property which can be done by patenting” (p8). on the other hand Somvanshi (2009, 2) said that, “ A patent is a set of legal rights granted to a person by the state on his invention of a novel product, process, through which he can exclude others from making, using or selling his invention for a certain period of time.” So internationally it has been agreed that patents must be provided for intellectual property.

Arguments in favor of patenting of GMOs

Genetically modified organisms must be patented. This section of this discussion will give comprehensive reasons for that. One of the main reasons why GMOs must be patented is that these have been created by people who have invested a lot of time and resources in doing that. We must understand the motive for coming up with genetically modified organisms. The main motive is a commercial drive. Companies engage in research and development so that they gain from that. The researchers spent a lot of time in doing that. They use vast resources to get such any invention. Therefore, since that is an economic drive, they should get patents because other people must not benefit from things they have not put their energies and resources on. Those who have sweated must be given the due credit for their effort. People must understand that most of these researchers have used many years of their lives to learn at Universities and Institutes so that they can do such inventions.
With the coming into effect of global warming and climatic changes some or most organisms may not exist in the emerging climatic patterns, so modification is necessary. This then is very important for people to survive. With the population explosion that took place in recent years there has been a big leap in the demand of food, which can not be met by the current type of crops and animals. New crops and animals that are able to resist moisture stress and hot weathers must be invented. So the inventors of such modifications must be rewarded by patents. Scientists can use genes from other plants and animals as means to develop organisms that can exist in the current climatic conditions. For example Somvanshi (2009) said that some genes from fish are being used to produce strawberries that are bigger. That is definitely an invention which should be patented.
To be more specific we must say that the society gives patents to people who invent things so that these people have the motivation to produce more things that assist everyone. The related thing is that such invention leads to economic development and growth, so the people who invent things must be rewarded by patents so that they get money to carry out more researches and inventions. Most businesses use a lot of money to research and get such new developments. So patents give business organizations an incentive to keep on investing in GMOs and other goods. The other reason why definitely GMOs must be patented is that it is a provision of the constitutions of many countries that inventions must be protected through patenting. That is why the World Intellectual property organization was formed and is functioning. Not patenting inventions of GMOs would be a sort of segregation on the inventions of the mind. If what a person has written is patented or what a person has drawn or sculpted is patented, why not the new inventions on how things should be like in order to adapt better in order to live?

Arguments against patenting of GMOs The first thing we want to look at is why a patent must be given. There are conditions to what a patent can be awarded. Accordingly it has been agreed that patents can only be given to inventions which are helpful to people, nature and mankind. Harmful things that are invented can not be patented. If for example, if HIV/AIDS was developed in a country, would the Government have given a patent on it? Definitely not, because it is harmful to people. This applies equally the same to GMOs. Although GMOS provide food for people, the food is very harmful to people. Recent researches have shown that eating GMO food is harmful to people. GMOs paralyze some systems in the human body, which has a long term impact on people’s lives. GMOs in many cases lead to allergies in people. They also have a negative impact on the immunity of people and animals. They have benefits in the short run but serious side effects in the long run. GMOs are not a solution to the problem of hunger as many people think. There are better solutions to hunger problem than the use of GMO food. The governments must find alternative means to produce good food staffs. For example in my country Zimbabwe, we can introduce many irrigation schemes. Some governments want GMOs because it is just a short cut which has serious problems in the future. So GMOs must not be patented.
The production of GMOs must also be viewed as a commercial drive. The multinational companies that produce GMOs are doing that only to get profits or for commercial purposes. These companies come up with GMOs because they are greed for money and for survival purposes, not because they care much about the welfare of the people. They can be equaled to those multinational companies that are producing chemical and biological weapons. They do not produce that to save mankind. Imagine companies that build nuclear warheads. Are these companies doing that for the true good of mankind? No it is because they are greed for money or they want power, to control humankind. The same motive that companies produce weapons of mass destruction is the same one that companies produce GMOS, merely to get a lot of money, without looking at the side effects of their inventions.
GMOS threaten biodiversity. GMOs will result in the evolution of organisms that resist chemicals that are used as herbicides or insecticides. That will impact the world worse than now. Some say super-weeds or super-pesticides will evolve. The other thing is that GMOs promote monoculture, or the growing of one crop. Other crops may not grow alongside such GMOs which may require special chemicals. This will result in many species to become extinct in the future. Moreover GMOS are a threat to both human and animals.
The other reason for denying patents is that if many companies get patents on many animals and plants , that means there would be fewer and fewer animals and plants that will remain unpatented in the future. This leads to many animals and plants to come under the control of a few multinational companies. This becomes a bad scenario. This will also lead to many lawsuits. What happens is that a person buys seeds from XX Company. After growing such a seed, the person will take the seeds from such plant and grow them. Such a farmer may be sued for infringing on the patent rights of that company. Another simple case is a farmer who grows maize on his farm. On the next farm another variety of maize is grown. There is cross-fertilization. This means the farmer next door may be sued for patent infringement, due to the cross fertilization that resulted in a similar plant. How can that problem are avoided. No must have patent on life. Life came into existence because of God.
Conclusion

The above discussion looked at how to look at the issue of patenting GMOs. After weighing both sides I feel that GMOs must not patent. The main reason for my point of view is that GMOs have the potential to harm people and animals. So, dangerous inventions must not be patented. They can also lead to gene mutation that will have a great impact on biodiversity.
Reference

Haridas, S.S &Prajapati, J.B (2011) Patenting. Current Science, Vol 100, No2, 25 January 2011.
Somvanshi, V.S (2009). Patenting drought tolerance in organisms. Recent Patients on DNA & Gene Sequences 2009, 3 16-25. http://www.lexorbis.com/pdf/patenting-microorganisms.pdf http://cs-test.ias.ac.in.cs/volumes/100/02/0159.pdf http://www.nclinnovations.org/pdfs/ign/IGN-02.micro.pdf http://www.benthamscience.com/o/nag/samples/dnag3-1/0003DGNAG.pdf
Property rights

There are many various types of property that persons have. Most of these properties are protected by the law. As a result there are title deeds that tell the owners of property. There are two main types of property rights. There are real estates and intellectual properties that must be protected by the law. The involvement of the law is to create peace among people and persons involved in the property identified. Whether a person holds a real property or intellectual property there must be proof of ownership and interest which usually results from patents, title deeds and copyrights.
A case of a prototype of a revolutionary new mobile phone

There are a number of terms we need to understand here. The first word is prototype, which indicates it is a new thing. It is clear that it is a new mobile phone type, but it is not in full production. What I could do is that I would take that phone and keep it. I would not intend to sell it. However I would keep it for quite a long period of time. If it is not claimed, I would try to find a buyer whom I can tell exactly what had transpired in my acquisition of that phone. I would advisor the buyer to produce some small sample of such phones for selling, bearing in mind that if the owner identifies it then it would be returned to the rightful owner. The consequence is that if we produce that type of phone, the first time the original holder comes along and identifies it clearly then we could return it to him. If I fail to give it back to the owner I know I can be sued on the charge of conversion.
On what does the value of land depend?
The value of land depends on a number of things. The main thing that determines the value of the land is the profit that a person wants to get from it. People buy land for an economic purpose, which is to make additional money from it, unless it is for residential purpose. The other thing that tells the value of land can be the demand for land in the country. The principles of supply and demand come in. Speculation is also attached to the value of land. The other thing that determines the value of land is the interests of the grantor of the land. This may be associated to things such as fixtures and attachments on the land. On the other hand the nature of the land itself can reveal the value of the land. An example is of a piece of land that has got a lot of wastes on it. That toxic waste may need to be cleared later. So people who value land considers the current environmental impact on the land, such as level of wastages.
How is intellectual property a true form of property?
Intellectual property is a true form of property. There are a number of reasons that supports such an argument. The first thing to look at is the definition of property. The definition of property as given in our study material refers to something that is tangible or intangible. In the case of intellectual property it is intangible property. It has evolved from the use of resources of a person. The resources used could be monetary or in terms of time. Effort has been used as well to produce that property. For something to be a property it should be of value. So this invention or creation to be called intellectual property must have immense value to the community and to human race. As long as the intellectual property is registered according to the laws of a country and has a patent or copy right, then that is a property. It should be defined and outlined. Its facets and attributes must be distinct. So for any thing of intellectual origin to be called an intellectual property it must meet these and other specifiable attributes. The USA law has made a provision of non-tangibles that can be said to be intellectual property that must be honored by all citizens of USA. If a person infringes on the rights of the owner of the intellectual property, the offender can be prosecuted on either criminal charge or tort, or both depending on the nature of the offense. The USA Patent and Trademark office has been created to ensure that intellectual property is respected as much as real estate. What is essential for a discovery to be termed a property is if it is registered in the country of origin

Reference

Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com
Importance of property rights
Property rights are very essential in business. Firstly let us discuss what property rights mean. According to Bourdreaux (2009) property rights are about the rules that are developed to help resolve problems related to the ownership and usage of property by individuals and organizations. These help people to understand as to who can use what type of property and for what purposes. The other aspect of property rights is the description of how the property can be used. What can be included are the conditions for the transference of the property. On the use of property let us take an example of land. Some pieces of land in certain designated places must only be used for constructing houses not for growing of crops. Some pieces of land are used for mining only. Such specification of use of property is part of property rights. Cato (n.d) on the other hand has a different explanation of property rights. In fact it is not a particularly different one, but an additional reference. According to Cato (p345) property rights refer to, “the rights of people to freely acquire use and dispose property.” We have seen what freedoms property rights give to people. Property rights confer to individuals or organizations the freedom to acquire, use or dispose off property.
Having briefly explained what property rights mean let us move on to identifying the importance or functions of property rights in a country or an economy. Firstly property rights give people the incentives to be creative. By creativity we are referring to coming up with new ways of using one’s property. One is conferred with the capacity to alter or improve the property one has, hence adding value to that property. One can not add value to a property that does not belong to him. Taking an example of a vehicle a person may change some parts of the vehicle that are not functioning well and add new ones, because that person knows that the vehicle is his. That person knows that he can dispose off the vehicle at his freewill. Another example is on maintenance of property. People with property rights maintain their property. They repair leaking roofs; they renovate collapsing walls, among others.
The other importance of property rights is the conference on a party the urge to preserve that property. People can not conserve properties that belong to others. The motivation to conserve a property is the need to use it in the future. An example we can cite here is of a piece of land. A person who owns a land ensures that there is no erosion and there is no dumping of wastes. This is so because he understands that in the future he may need to dispose it on his own will. When the time to dispose it comes a person knows that such a piece of land should have value.
The need to give people property rights is to promote piece in the society. If a property is assigned to a specific person legally, people would not come to claim it. This is so because the owner is backed by the law. If there is no property rights people fight to own that property. A simple case of this can be what can happen at a company. If there is a vehicle which anyone can use, people can fight to have access to such property. This is particularly essential in the case of land. Land must be designated and properly apportioned to avoid wrangles over the control of land. Property rights spell out what can be done if people break the law. Those who break the prescriptions of property rights are prosecuted. In simple terms Boudreaux (n.d) outlines the importance of having property rights as enabling the following to people: * Being able to use one’s property * Making profit from the property * Allowing other people to use one’s property * Selling the property * Keeping unwanted people from the property.
Property rights also allow people to use their resources in certain particular ways. People can use their money and labor to protect and improve on their property. They do that on the economic principle that they would get ample returns in the future. So property rights are a driver to economic development. People invest in developing their properties. This also allows people to trade in properties which they have rights over. If a person sells land that does not belong to him he can be prosecuted. So in addition to the above property rights empower people to pursue various goals they deem necessary.
Property rights afford people with the power and need to protect the environment. This is particularly true with property rights over land. People who own land conserve it from degradation through erosion. They can plant trees and grasses on it. Preservation of resources is essential for sustainability. People can use the land over and over again.
In addition to the above Lopez, Kerekes and Johnson (n.d) outlines the following as some of the importance of property rights, although some of these link to what has already been discussed above: * Promoting technological innovation * Promoting entrepreneurship * Leading to capital accumulation * Leading to increased investment.
Definitely property rights are linked to economic development. Hernando De Soto in Lopez, et al said that property rights help towards the realization of economic potential. The main reason for this is that people can trade freely in properties. More over people can freely use their properties in acquiring money. This money is the basis of development and economic growth. This is so because individual and organizations that own properties become accountable to the properties.
The capitalistic free market system depends on property rights. According to Adam Smith as cited in Lopez et al, in his book The Wealth Of Nations, he argued that property rights is the cornerstone of economic activities in the economy. People must free use or dispose their properties as a means to make profit or money. The free buyer and free seller principle works on people who legally own property, the proof of which is the right to the property. So through the aim to get profit individuals are forced to made good economic decisions which can drive the economy. Property can be used as well as collateral to get loans. The loans are then used to fund new investment. In order for a person to use a piece of property as collateral, that property must be in his /her name. In other words it can be concluded that property rights gives an incentive for making long term economic investment and capital accumulation.
To what extent should government restricts property rights.
We have discussed the importance of property rights. However it is necessary for government to come with certain restrictions. These restrictions can come through taxation, regulation that are attached to the usage of the property. These various regulations are found in many countries. Some of the regulations are now created on an international forum. A case in point is on environmental protection. Irrespective of the fact that one owns land, the government has regulations that ensure that there is the preservation of such lands. There is limitation on cutting of trees. Most governments have identified protected, endangered animals and plants which must be protected. Even if you own the land you may be prohibited from cutting certain trees in that land. The governments also now restricts on the emission of carbon from vehicles and machinery. It is mandatory in most countries that vehicles that emit a lot of carbon must be put of the road. There is regulation also on the emissions from industries. Another regulation on the use of personal property may be based on the need to protect the society. Vehicles are inspected for roadworthiness, so that they do not cause accidents on the road. There are regulations for the need for machine guarding protects the safety of people. In many countries there are healthy and safety laws that give limits on how people use their own private properties. Employment laws of many countries give prescription of how companies must use their private property for the protection of people and the environment. Environmental assessment regulations are an example. For example in my country mining firms only start operations after there have been environmental assessment for hazardous impact from their mining activities. The other restriction is that people can not use their property in a way that infringes on other people’s rights. A person can not use his car in a way that damages the property of his neighbor.
So the government gives regulation on the need for property owners to secure the rights of other citizens in the country. The government also reserves the power to acquire property if that property is required for public purpose. This mostly applies in case of the land. In most countries governments can arbitrarily acquisition of land for developments of towns and cities among other use.
This essay has therefore looked at the importance of having property rights which include the following among others: * For give incentives for improvement of the properties * For people to come up with break through innovations to fight global challenges * For alleviation of poverty * Giving the need for conservation and protection of property * In order to bring peace in society
This discussion then shifted to look at why and how the governments restrict the use of property.
Reference

Boudreaux, K. (2009) Property rights. In R Wellings(Ed). A beginner’s guide to liberty. England
Cato. (n.d) property Rights and the constitution: Handbook for policy makers.7th edition
Lopez, E.J, Kerekes, G.B & Johnson, G .D. (n.d) Making property rights more secure. Limit eminent domain.

Age discrimination at the place of work

Age discrimination is a practice that is found in some organizations. Some organizations create age discrimination without proper awareness of that. Various terminologies are used to show that there is age discrimination. This essay looks at what age discrimination is and how age discrimination can be shown at the place of work. Some countries put in place laws to limit discrimination based on age. Yes there are a few examples where age discrimination can be tolerated. That shall be highlighted in this discussion. There are also cases where age discrimination must never be allowed to occur in the place of work. The premise of this essay is to show where discrimination can be permitted, where discrimination is not allowed and hint on how to avoid age discrimination.
Age discrimination in simple terms means that there is discrimination at the place of work based on the ages of the workers. For example older people can be given less wages than younger ones. The following are the example of bases for age discrimination at the work place: * Declining to hire people of a certain age range * Giving employees of different ages who are doing equal jobs different wages * Giving conditions on who should be trained and who should not be trained based on their chronological age * Limiting the duties of people in relationship to their ages * Some people may be forced to resign because of their age * Some people may be forced to have pensions because of their ages
It must be clear that people may not say exactly that it is discrimination in the work place. Discrimination can be shown by how they say things, either verbally or in writing. An anonymous author of the matter in chapter 10, as referenced below show some terminologies that can be used in organizations, which show age discrimination as follow: * Saying that a worker now costs too much * That a worker had been in the company for too long * Telling a worker that he lacks versatility * Saying that a worker can no longer adapt to new methods or technology at work * Saying that the worker lacks energy to do something * Some say that older workers should give way to younger people * Some claim that younger managers can not be effective at work.
All the above clauses among others indicate discrimination at the place of work. Many people may use these without being aware that they are being discriminatory.
Some people have said the following, that: * “ you are overqualified * This is an entry point * This job is too strenuous.”
These comments are indirect ways in which people discriminate others based on age.
Following the above discussion it must be clear that age discrimination in United States of America is prohibited. According McRae (n.d) the age discrimination law was adopted in 1967 in United States, which was called: “The age discrimination in employment act of 1967 (ADEA). That was passed by the Congress to combat discrimination based on age which is commonly referred to as ageism. The argument is that people must not be discriminated by age at the place of work but their ability determines who does what and who is paid what. ADEA was designed to protect people of the age 40 and above from such discrimination. ADEA was amended in 1990 and 1998 by “Workers Benefit Protection ACT” (OWBPA)
Is it ever appropriate to discriminate based on age?

The answer is, “yes”, in very limited cases discrimination based on age can be allowed. One way in which age discrimination is allowed is referred to as bona fide occupational qualification. This is where the age of the person is directly related to the job in question. This relates conditions where one who has not reached certain an age can not be able to do that job. This is usually the case where the safety concern is of essence. Take an example of a game ranger. It can be virtually being impossible for a person of 90 years to be a game ranger or a person of the age 12. Such people can be easily be harmed. In such a case an age limit may be necessary as a means to protect such people on safety grounds. Another typical case is for people to work in beer halls. The age limit must be imposed for the safety of certain people. For example in my country people under the age of 18 are viewed as minors and can not be exposed to the scenes that take place in a beer hall or the battle field. It is not internationally allowed to have child soldiers. That is a good form of age discrimination. Children can not bear the conditions of war. BFOQs on age are usually based on minimum and maximum age limits.
Another acceptable discrimination based on age is what is called positive discrimination. According to the Federal Employment Act, it is not wrong to provide genuine benefits to certain people based on their age. For example a company can opt to give all employees above 50 years free medication at the work place. That is positive age discrimination that is allowed. So there are some very few instances where discrimination based on age is allowed.
Situations in which age discrimination is not allowed

There many cases where discrimination based on age is not allowed at work. The first example is that of apprenticeship at work. Generally it is illegal to set the age limit for people who can undertake such training at the place of work. Irrespective, of the nature of apprenticeship no age limit must be given. People of all age must be allowed the right to train.
Age restrictions must also not be given on advertisement. No age groups must be preferred for job placements. Age restriction is only acceptable where it is a bona fide occupational qualification, as discussed earlier on. For all posts or job placement the main reason for choosing a person is his/her ability to do the specific job not the age. So the age must not be considered in recruitment purposes.
Are older people entitled to be protected from employment discrimination as a class?

Old people must be protected from discrimination based on age. This is so because our cultures may make us feel that old people may not be able to do certain duties at work. There may be some limitations that old people have such as poor eyesight in some cases, but the management must try to find ways to assist the old people in such respect. The old people with eyesight problems may need to be given special lenses so that they improve on their vision. Providing better lighting facilities may be necessary instead of discriminating them. Those with hearing problem may need special equipment to aid them to hear better rather than being discriminated. Without proper legislation the old people can be discriminated against based on age.
How might a law protect old people from discrimination based on age?
There are a number of ways in which that can be achieved. The following are some of the ways to protect old people: * The government may create legal procedures for those who are discriminated against based on age can be assisted, * By prosecuting those who discriminate, the law makes people not to discriminate * Equal opportunity regulations may lead to stoppage of discrimination * Affirmative regulations in favour of older people may be legislated * Equal pay for equal work laws can be created * Equal benefits for equal work legislation can be enacted
Conclusion

Discriminations of all types are not good to human race. Therefore, the government creates laws to protect people from discrimination. However, one type of discrimination that is not taken seriously is the one based on age. Luckily, the Federal Government created laws to protect people from being discriminated based on age at the place of work. In very few cases discrimination based on age can be allowed, especially if it is positive discrimination or if it is a bona fide occupational qualification. Otherwise discrimination based on age is as equally bad as the ones based on race, sex or religion.

Reference

Age discrimination in the work place by Sally McRae age. Retrieved from http://students/washington.edu/aliss/silverfish/archive/april/20003mcrae.pdf
Equal employment opportunities. Retrieved from http://www.eeoc.gov/upload/eeoc-self-print-poster.pdf
Age discrimination Chapter 10. Retrieved from http://www.osbar.org-docs/public/liva/chapter10.pdf

Advantages and disadvantages of Contracts
The following are the comparative advantages of having contracts that are in writing: * The employer can not stop giving the required remuneration, at will contract means employer can change remuneration at will * All the stated conditions of services are clear and must be followed on contracts, for at will employment conditions may be waived * The employee can not easily demand additional conditions than agreed, for at will employment employees can negotiate at will for new conditions * The employee can not be arbitrarily dismissed where there is contract , without contract dismissal is at any time * The employer can not demand more than what is stated in the contract. In at will employment employer can keep on shifting the goal posts * Either party can sue the other in case of breach of contract. With at will employment there is no basis for tort
Disadvantages:
* The employer may decline to improve the conditions of service, apart from those agreed on where there is no contract. * An employee may find it difficulty to demand additional wage or salary where there is a contract * There may be a problem in renewal of a contract * It can be a problem for the employer to lay off a poorly performing employee Government involvement in cases of discrimination

The government must get involved in cases of discrimination. Discrimination may lead to exploitation of other people. For example a company that employs two secretaries may have one secretary paid more and the other one paid less. Just because one of the secretaries is black the other one is white or vice versa. The government may enact laws that make it compulsory to pay equal salaries for equal employment. The other discrimination is based on sex. In some companies women may be paid less as compared to men yet they do the same jobs. Discrimination may arise based on race, sex, religion or nationality. The government must ensure that such discrimination does not exist.
Collective bargaining and strikes
Collective bargaining results in trust between the employee and the employer. If the employees take their problems to their employer and the employer solves these problems a sense of trust develops. This leads to employees to be happy. Happy employees lead to high productivity. Bargaining reduces the chances of work stoppages and strikes. In bargaining both parties strive to reach a compromise. Collective bargaining is a means to stop exploitation of workers. They negotiate for better salaries and conditions of work. Bargaining leads to reduction of poverty as the employer and employees usually reach fair deals. Bargaining brings good faith between employees and the employer. Without bargaining the following can take place at a company: * Low wages for employees * Poor working and living conditions for employees * Strikes and other forms of industrial unrest disturb production * There could be failure to honor human rights
The strike is granted by government because strikes force the employers to negotiate with workers and improve their conditions of service. Freedom of employees is also guaranteed.

Appropriate limits
Limits must be given. In my country for example the laws says that each year the employer and employees must meet and negotiate in conditions of services. The government pegs a minimum wage for each class of employees and employer. There are laws that states what safety measures must be made in companies. * On issue of strike the following conditions may be imposed by the law: * A notice must be given to government and employer before industrial action * The government arranges for conciliation or arbitration * A certain quorum of employees must vote by secret ballot in favor of a strike * Certain safety issues must be complied with during industrial actions * Special service departments such as army or doctors must not go on strike, among others.
Reference
Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com

Journal task

At the work place there are many circumstances that arise. There are different perspectives in which the work place is analyzed. The work place is analyzed in the eyes of the employees, the government, trade unions, the public and the employer. This discussion focuses on what the rights of employees should be. The other issue that will be looked at is whether employees should have their employment terminated at will. Finally it highlights ways in which the government can protect the employees in a work situation set up.
Employees should have many rights at the place of work. This discussion will not delve into all various forms of rights which can be accorded to employees. I must also hasten to say employers, the stakeholders and the public have their rights as well. The following are some of the rights which employees should have at the place of work: * Employees must have the right to be members of trade unions of their choices * They should have the right to engage in legal industrial action * They should have the right to seek legal means of addressal of their grievances * They must be protected against discrimination * Employees must be accorded the right to fair labor practices * The right of employee to democracy must be protected * The right to a safe work environment must be there * The workers must get a decent wage to sustain themselves and their families
The employees must have the right to employee democracy. This means that employees must be given the opportunity to participate in decision making in issues that relate to them. The employer must not arbitrarily impose conditions of service. Collective bargaining is one way in which employees take part in issues that affect them. Other ways in which employees can participate in decision making process is to have meetings with management in which they air out their views. Surveys may also assist in increasing employee participation at the place of work. Incidentally the human resources department is one that charts the way forward in enhancing organizational democracy the system in which employees participate in decision making. At the company I work for there are many forums in which employees participate. They participate in meetings. Some of the meetings are carried out regularly. At Chipinge Banana Company, there are regular meetings. Some meetings are done on weekly basis, yet others are done on monthly basis. The point is that employees must be afforded the opportunity tom participate in decision making. That assists in increasing worker motivation and productivity.
Workers must be accorded the right to take part in industrial action that is legal. Industrial actions are however, part of industrial democracy. Industrial actions are a means whereby workers show their disgruntlement on certain issues or conditions of service. Industrial action forces management to come to the negotiating table. Examples of industrial action that workers can be involved in are strikes, go slows, and sit-in. The word legal is very important in as far as industrial actions are concerned. Industrial actions must be legal. By legal it means that they must take place in accordance with the national legislation. In Zimbabwe, for example there are various conditions that make an industrial action legal. Some of the conditions are as follow:
The employer must be notified of the intention to take industrial action fourteen days before the industrial action begins * The government must also be notified * The union must be notified * The notification must be put in writing
If the above have been done in Zimbabwe, the industrial action is deemed to be legal. For me industrial action is important because it shows the main problems that must be addressed at a company. The workers must have the right to a safe work place. This means that measures are put in place to ensure that equipment and work processes are safe for the workers. The employees must be involved in identifying the risks that are the place of work. Workers must, also be trained in work processes so that they are not exposed to danger.
Should an employer be able to terminate an employee at will?

The employer must not terminate the contract of the worker at will. Conditions of termination of contract must be spelt in the law. I was surprised that in America it is legal that employment may be terminated at will. It has some advantages, but the main disadvantages are that workers are not protected. In most cases the employer is the one who decides to terminate the contract. On the contrary, if a very useful employee wishes to leave employment the employer can open negotiation dialogue. That can not take place in the case of the employee. Once the employer decides to terminate the contract of an employee there is no further negotiation that can be entered into. If a good employee intends to leave employment he/she can be offered better working conditions, which can lure him/her to continue with employment. The employer has a wide choice of people who want employment. If an employee leaves the employer can easily get replacement. That is not the case with an employee. If an employee is forced to leave he can not get employment opportunities for a long time. Take the case of Zimbabwe, where the rate of unemployment is above 70%, where can the employee easily get work to sustain oneself? In Zimbabwe there is no room for an employer to terminate the employee contract at will. If the employer does no longer require the service of an employee, the employer must pay the employee out of the contract. If the employment contract period is two years, and the employer wishes to terminate the contract, the employer will buy out the employee by paying the remaining days of the two year contract. In Zimbabwe there are fixed term contracts which are contracts for specified period of time. Some contracts are there for one year. The contract automatically ceases at the end of the period. At the end of that period the employer or the employee may opt out by not renewing a contract. That gives either side time to prepare. If an employee knows that the contract ends at 31 July 2012, he can put in alternatives of what he can do at the end of that period. He can save some funds for survival, while he is still searching for another job. Another type of contract we use in Zimbabwe is fixed task contract. The contract automatically expires at the end of a task. Once the task is completed the contract ends. If the task is completed earlier than scheduled full payment is made to the employee. Apart from these two forms of contract an employee is offered life long contract. The life long contract is usually referred to as permanent employment. There are conditions that are attached if that contract is to be terminated. The first option is that the contract expires based on the employee’s age. In Zimbabwe we have stipulated ages where people can work. The minimum retirement age is 55 years. Yet the maximum retirement age is 65 years. The actual date of cessation of employment contract within such a statutory regulation is defined by the individual company policies. Each company is supposed to have a written company policy that states the retirement age. If the retirement age is not reached and the company wants to lay off a worker, the company then needs to retrench the worker. In Zimbabwe there is a standard retrenchment package that has been gazetted by the law. Retrenchment is very costly for the companies in Zimbabwe. That forces companies to have workers work until the retirement age. When I looked at the concept of discrimination based on age, I realized that such discrimination in Zimbabwe, as it relates to retirement is backed by the law. In our laws in Zimbabwe there is no law against discrimination based on age. I have been in the human resources for more than ten years now; it has been my first time to learn that there is discrimination based on age. I appreciate such a concept. The only discrimination based on age in Zimbabwe is the one that is stipulated by law. In Zimbabwe no person who is under sixteen years is allowed to work, unless it is an apprenticeship or internship. In conclusion of the discussion on termination of employment is not ethical to terminate employment at will. I applaud the government of Zimbabwe for such stance. Any termination of contract should be on the basis of indiscipline, incompetency or gross negligence, which should come up as a result of a disciplinary hearing conducted by a panel that is not biased against the employer or the employee.
There are many abuses which the government must protect the employee’s against. The government must protect employees against the following among others: * Arbitrarily discharge from duty * Making workers conduct their duties in unsafe environment * Protection against discrimination of all kinds * Protection against physical and sexual assaults * Protection against unfair labor practices * Minors must not work in unsafe environment

In Zimbabwe workers usually have their employment terminated for the following reasons: * Being absent from work for five or more consecutive days without a good reason. Good reason could include bereavement or illness. * Gross negligence of duty * Incompetence * Physically or sexually assaulting another person * Breach of contract * Willful disobedience to a lawful order
These are all clearly laid out in the employment law of the country.
How to start businesses in China, India and United States

In many countries opening new businesses is often difficult. Above that various countries have got different requirements to starting businesses. In this discussion the writer looks at how business can be started in India, America and China. A brief comparison of the three countries in as far as how business can be started shall be explored. There are both similarities and differences.
How to start business in China

1. There are a number of steps that are required in order to start businesses in China. The following are the steps and requirements, basically in such an order:
There is need to obtain the pre-approval for the formation of the company. This includes the applicant in getting the form and completes it. The applicant can thereafter submit the completed form to the Local Administration of Industry and Commerce. The shareholders or the person that is appointed by the shareholders must do such a duty. These forms shall also be signed by the shareholders. Identification details and particulars must be submitted together with form to the Local Administration of Industry and Commerce. 2. Once the above is done there is need to open a bank account. This may not be a permanent bank account. However it is an account where the people opting to open a business deposits their capital required starting the business. The capital must meet the minimum capital requirement as stated by the government. 3. The next step is that the auditor would write a verification report on the amount of money or assets that the person or people intending to start a business have. 4. The next step would be the obtainment of registration certificate from the department of Industry and Commerce. To be obtained the following aspects are required: * Approval for the company name * Proof of ownership of offices or proof of lease of the offices * The verification of capital * The articles of association must be attached * The identification particulars of shareholders must accompany that * The documents appoint the shareholder agent must be there. 5. These people must then get the approval to have their company seal from the police department 6. The following step would be the acquisition of the company seal. 7. The people should thereafter get a code certificate from the Quantity and Technology Supervision Bureau. 8. The company is registered in the tax departments, both on national and local level. 9. The following measure would be the registration of the company with the Statistic Bureau. 10. From that the company then opens its official bank account, where transactions would be effected through. 11. The next step is that the company then gets authority to have its official receipts or invoices or both. 12. The company then registers itself to the Recruitment registration center. This gives it approval to recruit employees 13. The final step is registration with the Social Welfare and Insurance center.
These are the official steps required in China to start a business.
Starting business in India
The following are the steps that are required in order to start a business in India. 1. There is need to get the director identification number (DIN) from the Ministry of Corporate Affairs 2. After that the agent needs to obtain the required Digital Signature certificate from the same ministry. 3. The people register their company name with the Registrar of Companies (ROC) 4. From there the documents that are available should be date stamped at the Treasury or authorized bank. 5. The agent must get the certificate of incorporation from the Registrar of companies. This is where all details of new companies are kept. 6. The company is given authority to make its seal that can be used in business 7. The next step is to obtain a permanent account from an authorized agent. 8. From there the people obtain a tax account number. This is required for identifying the company for the sake of remitting its tax. 9. Then the company should register at Profession tax office. This again is for taxation purpose. 10. From there registration at the provident fund is done. This is for employee insurance purpose. 11. The last step is registration at the Insurance department. To ensure the property and employees of the company.
These are mandatory steps in registering a company in India.
From what can be seen the processes of registering companies in China and India are very cumbersome. However these must be completed before business operations commences. The next section is on how to register companies in USA. It is a much simpler process as compared to the two above.
Starting a business in United States of America 1. The first step is for the intended owners to find a name. There is need for verification if that name can be permitted in the country. This is to avoid double usage of one business name. 2. Then a registered agent must be identified. A registered agent is the person who will represent the company. This person works towards the registration of the company. In most cases this agent is the Chief Executive Officer of the intended company. 3. The third step is provision of the name of the company and the physical address of the proposed location of the company. 4. After that is done there is need to get a Federal Employer identification number. This number will represent the identity of the company. 5. The next step would be the giving of apostille or certificate. This is acts as a sign that the company is officially registered and approved in the country. 6. The last step will be opening of the official bank account.
Generally the process of registration of the company is a cumbersome one. The person registering the company must move from one office to the other. The agencies that deal with registration of companies are not all located in one place. For example in India some of the final steps should be done in the capital city. That equally applies to USA and China. So this calls for a lot of movement. Money is also paid as part of the registration process. Looking at the three companies it is simpler to start a business in USA than in either China or India.
The ease or difficulty of starting business in a country can affect investment in that country. People avoid starting business where the conditions and restrictions are too cumbersome. For example the minimum capital requirements needed to start a business may be too heft, much that very fewer people can raise such amounts. Taxation demands are also looked at. Bureaucracy may deter people to start business in a certain country. Each country should have less restrictive laws if business is to thrive in such a country.
This essay has basically looked at how businesses can be started in China, India and United States of America. There are a number of similarities in the demands of each of the countries. However some differences exist. Most people are not willing to start businesses in countries that have many restrictive conditions and legislation. There is also need of supportive management in opening new businesses. Decentralizing the processes required to start businesses can be very effective to promote business and economic performance of any country of the world.
Reference
Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com www.companyformations247.co.uk http://www.sos.ca.gov/business/be/starting-a-business www.dat.md.us/s/datweb/checklist.htm www.inc.com/guides/2010 www.doingbusiness.org www.corporationschina.com www.siteresources.worldbank.org http://madaan.com/incorporation.htm
Stakeholders’ interest versus shareholders’ interests

There is a great debate as to which interest the company should focus on the shareholders’ or the stakeholders. The duty of corporation to pay dividends is better than of paying tax, as a comparison. The main supporting reason for that the owner of the company starts the company in order to get returns from his investments. The owner does not start a business with the motive of paying tax. However, tax should be paid in order to meet the legal requirements of the country in which it operates. There is no problem in relocating to another country where the economic conditions are more favorable. My assumption here is that the entrepreneur is a rational decision maker, in a free market economy where the profit motive takes precedence over other great motives.
Definitely the concerns of other stakeholders must be taken into consideration when conducting business. The other stakeholders that must be taken into consideration include the employees, the government, the customers and the community. For example in order to increase production employees must be treated fairly. They must be given enough supporting materials to motivate them to produce more. A decent wage makes the employees willing to put more effort to their work, which increases production. Ploughing back to the community ensures that the company gets a good name and good image, which leads to people to support it. Giving customers promotional terms such as discounts ensure that they will keep coming back and give the company good business. Taxes are big issues with corporations than with other business for one main reason. The main reason is that with corporation there is double taxation. The first taxation is obtained from the corporation on its revenues. When later on the corporations pays dividends to the shareholders there is taxation on the dividends. This does not apply to other business ventures. For example for the sole proprietorship there is no chance of double taxation payment. So a corporation may seek to work in a place where the taxation requirements are less expensive.
Reference

Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com
Shareholders or stakeholders retrieved http://docenter.fe.unl.pt/-satpe/ano20092010/docs/donal-cri http://mpra.ub.uni-muenchen.de/2334/1/MPRA-paper-2334.pdf http://www.virtusinterpress.org/additional-files/journ-coc/f
Journal task

A limited liability company is a company that is allowed to come into existence after a statutory instrument would have been gazetted. In Zimbabwe there are many limited companies. These are all formed with the approval of the parliament of Zimbabwe. The main reasons why such corporations are statutory is that they serve very essential purposes in the economy. These companies may have strategic reason for their formations. They are usually needed because they provide essential services or products to the country. More over individuals may not need to fund and run some of these services. In Zimbabwe for example we have the Zimbabwe Defense Forces limited company. This has been created to produce armory for the country. No individual investors may be allowed to do it. That could fuel terrorist activities and could threaten the security of the country. Other companies in that group are the following: * Grain Marketing Company * Cold Storage Commission * Dairy Board Limited * Air Zimbabwe * Zimbabwe Electricity Company * Zimbabwe Posts Services Limited
This is just a short list. One main feature of such business is that it has a limited liability. This means that the shareholders’ personal assets may not be attached for the purpose of paying credits or other liabilities. The company is separate from the owners. The other feature is that of tax. There is no double taxation system for these companies. The terms to pay taxes are flexible. So such companies borrow some features from corporation and other features from partnerships.

I think the government must have very limited control and interference in the day to day running of these companies. The companies must have their own management which are responsible for the day to day running of the company. The government can only come in as a shareholder, if it wants to be. It can also assist the company by loans in times of crises. In Zimbabwe the government has its own shares in such companies. Sometimes the Zimbabwe government gets involved to save the company from disturbances or when faced with viability problems. It can assist with loans. It can be involved by mediating if there are problems with the workers. However in general the government must be involved in rare cases. However the problem with such companies is that they may fund dictatorial regimes. In Zimbabwe the government is sponsored for political mileage. Towards elections some of these companies sponsored the main political party in the country. The government may also get money for its military expedition. This was the case in Zimbabwe where such organizations remitted dividends of the government in order to create a fund for the war in the Democratic Republic of Congo. Ideally, however the government must be divorced from the running of such organizations.

Reference
Lau, T& Johnson, L (2011). The legal and ethical environment of business. Flat World Knowledge. Retrieved from http://www.flatworldknowledge.com http://www.sos.ca.gov/business www.dat.md.us/s/datweb/checklist.htm www.inc.com/guides/2010 www.doingbusiness.org www.corporationschina.com Responsibilities of business to the society in which it operates

Every business operates in a certain specific area where it gets its resources. Such an area is defined as the community or society. Businesses carry out various activities in which it aims to please the community. Such activities are broadly referred to as corporate social responsibility. Corporate social responsibility refers to all the activities which a business does during its existence in order to contribute to various stakeholders as a way to meet their diverse expectations. One of such stakeholder is the society in which the organization operates from. Definitely the business has several responsibilities to the community in which it operates.
There are reasons that make businesses to carry out corporate social responsibilities. One of the reasons is for the organization to create good image and good will with all its stakeholders. Carrying out activities where the business ploughs back to the society is essential for creating good relationships with such a community. That will also entice residents of the community to do business with such an organization. Since some of the employees that work for the organization come from the society corporate social responsibilities assist the company to attract competent employees. In that way the business gets a competitive advantage. In a nutshell the following are some of the responsibilities which the organization has towards the community: * Helping the vulnerable people of the community * Maintaining the values and aspirations of the community * Protecting the environment * Conserving natural resources found in the area * Giving assistance in terms of developmental programs
Helping those who are vulnerable

The business must assist those people who are in need in various ways. Some business assists the old people by giving food and clothing. Others help people who have terminal illnesses by ensuring that they get medication. Another popular way is that of assisting school going age people with financial resources to meet their educational needs. Some businesses donate to local schools. What the business does in each area is dictated by the needs of the area. There is no defined activity that must be done as part of corporate social responsibility. Chipinge Banana Company, for example assists the vulnerable in several ways. It gives food assistance to people without enough food. It gives food and clothing to people who have contracted HIV/AIDS, who live in the community. It donates where some charitable doctors come yearly to cure those with some special diseases.
Promoting the cultural diversity in the society

Any business must assist in promoting the cultures of the local community. There are various ways in which the local cultures are celebrated and promoted. A common way to assist in promoting the local cultures is through participating in local celebrations. The company may participate in local and national events. For example, most African countries celebrate independence days. So a company can donate towards such activities. Local people have their celebrations. For example some communities with collectivist cultures have a tendency of people gathering where there is a funeral. That is an example of a culture that is common in Africa. The company can send its representatives to funeral gatherings. Some other events include traditional celebrations like celebrating the coming of the rain season. That is an event that is common in Africa. Whatever the ceremonies and rituals that take place, a company must contribute in cash or kind. Such good gestures are highly appreciated by the community.
Generation of employment

One of the main things a company offers to the community is employment. In most cases organizations employ people from the local communities. That ensures that the people have a decent type of life. The people would relate that to the organization. Some companies give preferences to local people in their employment policies.

Protecting the environment

The organization must do whatever it can to preserve the environment. This means that the company must not partake activities that degrade the environment. The company must have conservation programs to ensure that nature is preserved. One way to do that is by observing the regulations that promote the conservation of nature in such an area. For example some communities have lists of endangered animals and trees. The company must ensure that it does not cut such trees or kill the said endangered animals in the area. Trees and wild life therefore must be preserved at all cost. The company must take part in seminars that are planned tom preserve nature. An example of event which Chipinge Banana Company, a company which the writer works for, is awareness on the prevention and control of fires. Annually the company sponsors awareness programs on fire prevention and control.

Promotion of sports and culture

Some companies take part in many sporting activities. That is a way of entertaining people who stay in the community. This is particularly essential if the company is located in a remote area. In Zimbabwe most companies own some sporting teams, especially soccer, netball, darts and volleyball. The people from the local communities become also part of such teams. The company may also sponsor some sporting activities. Donations of sporting equipment are usually done to schools or community teams.
As can be seen from the above aspects in which companies take part social responsibility is an aspect of all responsible companies. This is why these days there is a great talk of the triple bottom. Corporate social responsibility is not more important than the responsibility of the business to make profit for the owner. Corporate social responsibility is not an end in itself. It is also a means in which to attract customers. A company with a good image attracts many clients. By carrying out corporate social responsibility, the company can have huge sales, thereby leading to have better profits. The primary reason why the owner starts a business is not to do corporate social responsibility, but to create wealth for the owner and bring dividends to the shareholder. A company is created for economic reasons not for social reasons. Every rational person in a free market economy starts a business for meeting his/her interest of making economic returns. This is so because every entrepreneur brings in capital to a business and bears the risk; hence there is need for return for that.

Reference

http://www.nos.org/secbuscor/cc04.pdf http://philosophy.unimelb.edu.an/about/staff/langtry/stakeholder-theory.pdf http://korny.un-corvinushu/angol/csr/csr-porter-startand.pdf