Business Essays - International Trade Law - Free Essay Example

Sample details Pages: 14 Words: 4296 Downloads: 10 Date added: 2017/06/26 Category Business Essay Type Argumentative essay Did you like this example? International Trade Law International Trade Law for Business (a) In looking to critically discuss the view à ¢Ã¢â€š ¬Ã…“the bill of lading is the essential document in the international contract of sale has no other document performs the functions of the bill of ladingà ¢Ã¢â€š ¬Ã‚  the bill of lading is considered the most important document because it is recognised by law as the symbol of the goods described in it to guard against the risk of non-delivery by the ship-owner, the CIF (à ¢Ã¢â€š ¬Ã‹Å"cost, insurance, freightà ¢Ã¢â€š ¬Ã¢â€ž ¢) contract requires the seller to take out a policy of marine insurance on which the buyer may sue. This is because, between the seller of the goods and the buyer of exchange, the delivery of the bill of lading is by way of pledge, and the security of the buyer of exchange is, until acceptance by the buyer on delivery to them of the documents, the liability of the seller as drawer of the bill of exchange with the bill of lading as collateral security. As a result, a person who holds both the bil l of lading and a marine insurance policy on the goods is, for business purposes, in as good a position as if the goods were actually in their possession, subject only to the ship ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s lien Therefore, the delivery to the buyer of a bill of lading and an insurance policy on the goods together with the invoice which identifies them is treated both commercially and legally as satisfying the contractual obligations of the seller under a CIF contract. Don’t waste time! Our writers will create an original "Business Essays International Trade Law" essay for you Create order However, the invoice, that normally debits the buyer with the agreed price is required partly to identify the goods sold with the goods shipped and insured to complete the record of the transaction and to show the price of the goods and to enable the buyer to raise money on their security more easily. This is because, in some trades, it is common for the price of the goods itself to vary with movements in the market according to an agreed formula à ¢Ã¢â€š ¬Ã¢â‚¬Å" e.g. the Plattà ¢Ã¢â€š ¬Ã¢â€ž ¢s formula used in the oil trade. On this basis, there are a number of requirements for the acceptable tender of a bill of lading because it is the duty of the seller to procure a contract of carriage is satisfied if they procure a contract of carriage which conforms with any stipulations agreed in the contract of sale and which is otherwise reasonable and acceptable in the trade at the time when it is made. Therefore, this duty has been examined in the courts in the context of a num ber of requirements. First, in the absence of a stipulation or custom in the particular trade to the contrary, the contract of carriage must be one which will give the holder a right of action against the carrier in respect of the goods from the time of shipment until arrival at destination. However, there appears to be no authority as to whether the seller is, in the absence of any express term to this effect in the contract of sale, under a duty to tender a bill which clearly identifies the carrier, although it is clear that the buyer may well have an interest in the identity of the carrier on whom the care of goods at buyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s risk depends. Therefore, as to whom the buyer can sue on the contract of carriage contained in the bill of lading tendered by the seller will depend largely on the manner in which the bill of lading is signed. Nevertheless, it is also a requirement of an acceptable tender of a bill of lading the document tendered must be a bill of ladi ng in transferable form to allow the buyer to transfer the right to claim delivery of the goods from the carrier through transfer of the bill. Moreover, the bill of lading must cover only the goods which are the subject matter of the contract of sale, but in the absence of an express term in the contract of sale stipulating for the tender of more than one bill of lading, the seller is both entitled and bound to tender one bill of lading, at any rate when the goods sold are all of the same type. Furthermore, the bill of lading must be a clean bill free from any annotation or clause qualifying the statement à ¢Ã¢â€š ¬Ã‹Å"shipped in good order and conditionà ¢Ã¢â€š ¬Ã¢â€ž ¢. Also, as to whether or not a bill of lading stating that the goods have been à ¢Ã¢â€š ¬Ã‹Å"received for shipmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ and issued before the goods are placed on board by the carrier who is to carry them is a bill of lading within the requirements of a CIF contract is still a matter of some doubt. As well as this, as to whether or not a bill of lading stating the carrier can deviate from the voyage stipulated for in the contract of carriage is also still doubtful. Furthermore, as to whether or not a clause in the bill of lading stating that the goods will or may be transshipped is valid will depend on the terms of the contract and arguably whether or not the bill of lading imposes liability on the contractual carrier from the port of loading to the port of discharge under the contract of carriage. Finally, a bill of lading stating that freight has yet to be paid at destination (a à ¢Ã¢â€š ¬Ã‹Å"freight collectà ¢Ã¢â€š ¬Ã¢â€ž ¢ bills of lading) constitutes good tender so long as the contract of sale does not prohibit tender of such a document and the sum of the freight payable at destination is deducted from the commercial invoice. However, the bill of lading must not only comply with the requirements set out above but it must also accurately evidence the contract of carriage because the buyer is not obliged to investigate, or to accept assurances about, the contract of carriage outside the bill of lading. Moreover, the buyer is also not obliged to accept a bill varied after issue, or, it seems, one altered before issue other than to correct a minor clerical error. This is because the bill of lading must be procured on shipment that is to say as soon as is reasonably possible after the goods have been delivered to the carrier for carriage to the agreed destination. Therefore, it is to be understood no other document, for example a delivery order, a non-transferable bill of lading or a sea waybill or a ships release, will, in the absence of special provision or custom, amount to a good tender under the contract. Moreover, a à ¢Ã¢â€š ¬Ã‹Å"received for shipmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ bill of lading is also of some interest because it states goods have been received by the carrier for shipment on board, but does not state the goods have actually been shipped on board, since it is a matter of some doubt whether such a bill of lading can be tendered by a CIF seller. This is because such tender is valid if sanctioned by the agreement of the parties or by usage of the particular trade and, where the contract expressly prohibits the tender of such a document, the seller is bound to tender a bill of lading stating that the goods have been shipped on board. But, in cases where the contract of sale is silent as to the tender of à ¢Ã¢â€š ¬Ã‹Å"received for shipmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ bills, it is not yet clear whether the seller is entitled to tender such a document. This is because, save for a trade custom to the contrary, the seller is bound to tender a bill of lading in transferable form and, given that a à ¢Ã¢â€š ¬Ã‹Å"received for shipmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ bill of lading has been held not to be transferable, given the common currency of à ¢Ã¢â€š ¬Ã‹Å"received for shipmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ bills of lading in internationa l trade, and, given that such bills of lading are now arguably recognised as transferring to the buyer rights of suit against the carrier under a contract of carriage, such bills of lading constitute good tender under CIF contracts which do not prohibit such tender Furthermore, where a CIF buyer with rights of suit against the carrier transferred to them by the seller through the operation of the Carriage of Goods Act 1992 suffers loss as a result of the deviation by the carrier from the voyage agreed in the contract of carriage between the buyer and the carrier, the buyer may pursue any remedies against the carrier afforded by that contract. But it is doubtful whether a buyer can reject a bill of lading against the seller simply because it seeks to give the carrier a liberty to deviate. Nevertheless, where the contract of sale stipulates shipment must be direct, it would seem a buyer can reject a bill of lading containing a liberty to deviate clause. Also, where the contra ct of sale fails to stipulate as much, or where it expressly envisages shipment may be direct or indirect, the buyer can reject a bill of lading granting the carrier a liberty to deviate where the extent of the liberty is uncertain because the clause itself is not printed on the bill. Moreover, where the extent of the liberty is certain and wide, it has been said that the buyer can reject the bill of lading Therefore, given the currency of wide liberty to deviate clauses in bills of lading and given the protection afforded to the buyer by the rules regulating the contract for the carriage of goods by sea, it would seem, however, equally arguable a buyer could not reject a bill of lading In conclusion, in looking to critically discuss the view that à ¢Ã¢â€š ¬Ã…“the bill of lading is the essential document in the international contract of sale has no other document performs the functions of the bill of ladingà ¢Ã¢â€š ¬Ã‚ , despite some discrepancies evidenced in this discus sion, the bill of lading is the most important document because the symbol of the goods described in it to guard against the risk of non-delivery by the ship-owner. This is because, between the seller of the goods and the buyer of exchange, the delivery of the bill of lading is by way of pledge, and the security of the buyer of exchange is, until acceptance by the buyer on delivery to them of the documents, the liability of the seller as drawer of the bill of exchange with the bill of lading as collateral security. Therefore, someone holding both the bill of lading and a marine insurance policy on the goods is, for business purposes, in as good a position as if the goods were actually in their possession so the delivery to the buyer of a bill of lading and an insurance policy on the goods together with the invoice which identifies them is treated both commercially and legally as satisfying the contractual obligations of the seller under a CIF contract. (b) In looking to adv ise the carrier with regard to any liability owed to Najeeb to begin with it must be recognised that under a CIF contract the duty of the seller is actually accomplished when the goods described in the contract of sale are put on board a ship bound for the destination specified in the contract or through the purchase of such goods already afloat. Accordingly, the contract is, in a commercial sense, an agreement for the sale of goods to be performed by delivery of documents or a sale of documents representing goods, the seller having obligations in law regarding both the goods and the documents covering them. This means that it is generally understood that the property in the goods (i.e. the 500 bags of flour) will commonly pass when the documents which represent the goods are tendered in exchange for the price. However, the carrier must be advised that if, in accordance with the general principle, property may, if the contract shows such an intention, pass at some different stage , as on shipment or on consignment of the documents to the buyer, then the contractual link between the buyer (Najeeb) and the ship-owner, arises out of the contract of carriage. This is because the contract is an agreement for the sale of goods to be performed by delivery of documents, or a sale of documents representing goods, with the seller having obligations in law regarding both the goods and the documents covering them Accordingly, this is in keeping with the fact that an agreement for the carriage by sea of a cargo or for the use of a ship for a voyage or series of voyages or for a specified time is normally contained in or evidenced by a bill of lading On this basis, it must be recognised that the carrier needs to be advised the bill of lading is considered the most important document in this kind of contract. This is because of the fact that it is recognised by law as the symbol of the goods described in it to guard against the risk of non-delivery by the ship-owner, the CIF (à ¢Ã¢â€š ¬Ã‹Å"cost, insurance, freightà ¢Ã¢â€š ¬Ã¢â€ž ¢) contract requires the seller to take out a policy of marine insurance on which the buyer may sue. Therefore, where goods for which a bill of lading has been signed have been shipped, the property in the goods may, so long as the voyage continues, be transferred by a transfer of the bill of lading, made according to its tenor, and with the intention of passing the property in the goods However, the transfer may be made with the intention of passing the property conditionally, or for a specific purpose only, and not for the purpose of passing the property outright in the goods, as where the bill of lading is transmitted with a bill of exchange drawn on the buyer. This means the carrier needs to be advised that the voyage is deemed to continue so long as the goods are in the custody of the master of the vessel, or of some person on his behalf and until possession of the goods has been taken by or on behalf of th e person entitled to demand it. The carrier also needs to be advised that this is in keeping with the fact there are a number of requirements for the acceptable tender of a bill of lading. This is because of the fact that it is the duty of the seller to procure a contract of carriage is satisfied if they procure a contract of carriage which conforms to any stipulations agreed in the contract of sale and which is otherwise reasonable and acceptable in the trade. Therefore, the carrier must be advised that, in the absence of a stipulation or custom in the particular trade to the contrary, the contract must give the holder a right of action against the carrier in respect of the goods from shipment until they arrive at their destination But as to whom the buyer can sue on the contract of carriage contained in the bill of lading tendered by the seller will depend largely on the manner in which the bill of lading is signed. Moreover, whilst the document tendered must be a bill of lading in transferable form to allow the buyer to transfer the right to claim delivery of the goods from the carrier through transfer of the bill, the bill of lading must only cover the goods subject to the contract of sale. Nevertheless, with particular reference to the facts of this case, the carrier must be advised that the bill of lading must be a clean bill free from any annotation or clause qualifying the statement à ¢Ã¢â€š ¬Ã‹Å"shipped in good order and conditionà ¢Ã¢â€š ¬Ã¢â€ž ¢. Also, as to whether or not a bill of lading stating that the goods have been à ¢Ã¢â€š ¬Ã‹Å"received for shipmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ and issued before the goods are placed on board by the carrier who is to carry them is a bill of lading within the requirements of a CIF contract is still a matter of some doubt. But the bill of lading must not only comply with the requirements set out above but it must also accurately evidence the contract of carriage because the buyer is not obliged to invest igate, or to accept assurances about, the contract of carriage outside the bill of lading. Moreover, the buyer is also not obliged to accept a bill varied after issue or one altered before issue other than to correct a minor clerical error because the bill of lading must be procured on shipment. Accordingly, the carrier needs to be advised that the fact that Jac offered the carrier an indemnity if a clean bill of lading was issued meant that between the seller of the goods and the buyer of exchange, the delivery of the bill of lading is by way of pledge, and the security of the buyer of exchange is, until acceptance by the buyer on delivery to them of the documents, the liability of the seller as drawer of the bill of exchange with the bill of lading as collateral security. Therefore, whilst the words à ¢Ã¢â€š ¬Ã‹Å"shipped in good order and conditionà ¢Ã¢â€š ¬Ã¢â€ž ¢ do not import a warranty, they do amount to a representation of fact the goods were shipped in apparent good order and condition. This means that if an indorsee changes their position on the faith of this representation and afterwards sues the ship-owner for delivering the goods in bad condition, the shipowner (at any rate where they were not induced to make the statement by fraud) will be estopped from denying that the goods were shipped in apparent good order and condition in keeping with the 50 damp bags and 100 bags which contained tiny holes and some of the sugar had escaped through the holes during the journey that should have been recognised when the sugar was being loaded. Nevertheless, the carrier must still be advised that estoppel will be available to the indorsee or holder only if they have changed their position on the faith of the representation and the fact that the indorsee has taken up and pays for the bill of lading and other shipping documents under a CIF contract is prima facie evidence that they changed their position on the faith of the representation in the bill o f lading. Moreover, it must also be shown in looking to advise the carrier that those relying on the estoppel satisfied the court that the defect in question was one which would have been apparent to the shipowner on reasonable examination and the statement upon which the alleged estoppel is founded must be clear and unqualified, otherwise the whole case of estoppel against them fails. Furthermore, the carrier also needs to be advised that if, however, the contract of sale precludes the indorsee from rejecting the shipment, although giving them a right to claim damages for the defects in the goods, they will not have changed their position by taking up the documents. But it must also be recognised that the carrier also needs to be advised that where the Hague-Visby Rules apply, by virtue of the Carriage of Goods by Sea Act 1971, and the receiver is taking advantage of the estoppel in the Hague-Visby Rules at Article III, rule 4, there is no need for them to prove that they relied upon the statement. Nevertheless, the ship-owner will not be estopped from proving that the internal condition of the goods was bad so as to rot the bags in this case. Moreover, in any contract for the carriage of goods by sea to which the Hague-Visby Rules apply, by virtue of the Carriage of Goods by Sea Act 1971, neither the carrier nor the ship is responsible for loss or damage arising or resulting from insufficiency of packing. However, by way of conclusion, it must be recognised that in the case of contracts for the carriage of goods by sea, to which the Hague Rules or the Hague-Visby Rules apply, the carrier also needs to be advised that the carrier and the ship are discharged from all liability whatsoever in respect of the goodsregarding loss or damage unless à ¢Ã¢â€š ¬Ã‹Å"suità ¢Ã¢â€š ¬Ã¢â€ž ¢ is brought within one year after delivery of the goods or the date when the goods should have been delivered. But the suit may be brought in any competent jurisdictio n, not necessarily in the jurisdiction where the matter is ultimately decided; and the suit must be brought in the name of a party who has title to sue(under an agreement known as the Gold Clause Agreement, entered into between British shipowners and underwriters). Nevertheless, the carrier also needs to be advised that the one-year period may be extended if the parties so agree after the cause of action has arisen, so that it may be argued that the carrier may even have had a role in determining whether they are liable. Bibliography à ¢Ã¢â€š ¬Ã‹Å"Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s of Englandà ¢Ã¢â€š ¬Ã¢â€ž ¢ Butterworths (2007) Table of Cases Albacruz (Owners) v. Albazero (Owners), The Albazero [1974] 2 All ER 906; affd [1975] 3 All ER 21, CA; revsd [1977] AC 774, HL American Hoesch Inc Riblet Products Inc v. SS Aubade etc Maritime Commercial Corpn Inc [1971] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 423 Amis, Swain Co v. Nippon Yusen Kabushiki Kaisha (1919) 1 Ll L Rep 51 Arnhold Karberg Co v. Blythe, Green, Jourdain Co [1916] 1 KB 495, CA Arnold Otto Meyer NV v. Aune [1939] 3 All ER 168 Bangladesh Export Import Co Ltd v. Sucden Kerry SA [1995] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 1 Barclays Bank Ltd v Customs Excise Comrs [1963] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 81 Bateman v. Green King (1867) IR 2 CL 166 Bergerco USA v. Vegoil Ltd [1984] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 440 Burdick v. Sewell (1884) 13 QBD 159, CA Burstall Co v. Grimsdale Sons (1906) 11 Com Cas 280 Canada Dominion Sugar Co Ltd v. Canadian National (West Indies) Steamships Ltd [1947] AC 46, PC Cargill International SA v. Bangladesh Sugar Food Industries Corpn [1996] 4 All ER 563 Cargill International SA v. CPN Tankers (Bermuda) Ltd, The Ot Sonja [1993] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 435, CA Colin Shields v. W Weddel Co Ltd [1952] 2 All ER 337, CA Compania Colombiana de Seguros v. Pacific Steam Navigation Co [1965] 1 QB 101 Compania Naviera Vasconzada v. Churchill Sim [1906] 1 KB 237 Comptoir dAchat et de Vente du Boerenbond Belge SA v. Luis de Ridder Lda, The Julia [1949] AC 293 Connolly Shaw Ltd v. A/S Det Nordenfjeldske D/S (1934) 49 Ll L Rep 183 Continental Fertilizer Co Ltd v. Pionier Shipping CV, The Pionier [1995] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 223 Cremer v. General Carriers SA [1974] 1 All ER 1 Cummins Sales Service Inc v. Institute of London Underwriters Deutsche Dampfschiffahrt Gesellschaft Hansa, The Goldenfels [1974] 1 Lloydà ¢Ã¢ ‚ ¬Ã¢â€ž ¢s Rep 292 (US 5th Cir) DI Henry Ltd v. Clasen [1973] 1 Lloyds Rep 159, CA Diamond Alkali Export Corpn v. Fl Bourgeois [1921] 3 KB 443 Finska Cellulosaforeningen v. Westfield Paper Co Ltd [1940] 4 All ER 473 Foreman Ellams Ltd v. Blackburn [1928] 2 KB 60 Fort Sterling Ltd v. South Atlantic Cargo Shipping NV, The Finnrose [1994] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 559 Glynn v. Margetson Co [1893] AC 351, HL Goulandris Bros Ltd v. B Goldman Sons Ltd [1958] 1 QB 74 Hansson v Hamel Horley Ltd [1922] 2 AC 36, HL Hindley Co Ltd v. East Indian Produce Co Ltd [1973] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 515 Hispanica de Petroleos SA Cia Iberica Refinadera de Petroleos SA v. Vencedora Oceanica Navegacion SA, The Kapetan Markos NL [1986] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 211, CA Houlder Bros Co Ltd v. Public Works Comr [1908] AC 276, PC Interbulk Ltd v. Ponte Dei Sospiri Shipping Co, The Standard Ardour [1988] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 159 James Finlay Co Ltd v. Kwik Hoo Tong Handel Maatschappij NV [1928] 2 KB 604; affd [1929] 1 KB 400, CA Kum v. Wah Tat Bank Ltd [1971] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 439, PC Landauer Co v. Craven Speeding Bros [1912] 2 KB 94 Love Stewart Ltd v. Rowtor Steamship Co Ltd [1916] 2 AC 527, HL M Golodetz Co Inc v. Czarnikow-Rionda Co Inc, The Galatia [1980] 1 WLR 495, CA MacWilliam Co Inc v. Mediterranean Shipping Co SA, The Rafaela S [2003] 3 All ER 369 Martineaus Ltd v. Royal Mail Steam Packet Co Ltd (1912) 12 Asp MLC 190 MB Pyramid Sound NV v. Briese Schiffahrts GmbH Co KGMS Sina Latvian Shipping Association Ltd, The Ines [1993] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 492 Mediterranean Freight Services Ltd v. BP Oil International Ltd, The Fiona [1994] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 506, CA Mendala III Transport v Total Transport Corpn, Total International Ltd Addax Ltd, The Wilomi Tanana [1993] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 41 National Petroleum Co v. Athelviscoun t (Owners) (1934) 48 Ll L Rep 164 Norsk Bjergningskompagni A/S v. Pantanassa (Owners), The Pantanassa [1970] 1 All ER 848 Official Assignee of Madras v. Mercantile Bank of India Ltd [1935] AC 53, PC Oulu Osakayetio v. Arnold Laver Co [1940] 1 KB 750, CA President of India v. Metcalfe Shipping Co Ltd, The Dunelmia [1970] 1 QB 289, CA Re Denbigh, Cowan Co R Atcherley Co (1921) 90 LJKB 836, CA Re Keighley, Maxted Co Bryan, Durant Co (No 2) (1894) 70 LT 155 Re Salomon Co Naudszus (1899) 81 LT 325. Republic of India v. India Steamship Co Ltd (No 2) [1998] AC 878, HL Sewell v. Burdick (1884) 10 App Cas 74, HL Shipton, Anderson Co v. John Weston Co (1922) 10 Ll L Rep 762 SIAT di dal Ferro v. Tradax Overseas SA [1980] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 53, CA Silver v. Ocean SS Co Ltd [1930] 1 KB 416, CA Soon Hua Seng Co Ltd v. Glencore Grain Ltd [1996] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 398 Soproma SpA v. Marine Animal By-Products Corpn [1966] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 367 Spillers Ltd v. JW Mitchell Ltd (1929) 33 Ll L Rep 89 Sterns Ltd v. Vickers Ltd [1923] 1 KB 78, CA Suzuki Co v. Burgett Newsam (1922) 10 Ll L Rep 223, CA The Merak [1965] 1 All ER 230, CA The Nordglimt [1987] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 470 The Orteric [1920] AC 724, PC The Prinz Adalbert [1917] AC 586, PC The Skarp [1935] P 134 Thyssen Inc v. Calypso Shipping Corpn SA [2000] 2 All ER (Comm) 97 Transworld Oil (USA) Inc v. Minos Cia Naviera SA, The Leni [1992] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 48 Trucks Spares Ltd v. Maritime Agencies (Southampton) Ltd [1951] 2 All ER 982, CA Tsakiroglou Co Ltd v. Noblee Thorl GmbH [1962] AC 93, HL Waren Import Gesellschaft Krohn Co v. International Graanhandel Thegra NV [1975] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 146 Yelo v. SM Machado Co Ltd [1952] 1 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 183 Table of Statutes Carriage of Goods by Sea Act 1992 Sale of Goods Act 1979

Many People Surmise That Products In Advertisements Do

Many people surmise that products in advertisements do what they promise to. The same people will believe any claim to be true when the face of a authoritative figure like Kim Kardashian is included in the advertisement. When the topic of fitness and health, self-esteem, or self- confidence is brought into play, potential customers will readily buy into the probability that one product can positively and effectively change their lives (without any knowledge that they are being manipulated by fallacies). This is exactly what happened when Skechers released their Shape Ups trainer shoe in 2009, the advertisements Skechers provided promised: increased muscle strength, higher blood circulation, and a significant height increase. These†¦show more content†¦Which proves that Skechers will go as far as, blatantly lying to customers to make a profit off of their fallacy-filled-product. In the advertisement, Skechers claims that by wearing Shape-ups a person will â€Å"tone and develop strong muscles†, have â€Å"improved blood circulation†, and turn arches into â€Å"powerful wifi hotspots†. In order for these claims to appear true and reliable, Skechers uses Kim Kardashian, to advertise the Shape Ups campaign. By showing that Kim Kardashian wears Shape Ups, it imposes a correlation to anyone viewing the advertisement that â€Å"if she wears them and she is in good shape, then that will inevitably happen to me.† But that is simply not the case as evidence has come to show. Firstly, Skechers claim to strengthen muscle is entirely false. Shape Ups do not tone or strengthen your lower extremities like promised that statement alone is purely manipulative. 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It is an example of a cognitive bias, which is essentially our human tendency to source information that supports something of which we already believe to be true or know. People will react to a choice in a variety of ways, depending upon how it is presented such as a loss or gain. They obviously tend to avoid a risk when something is presented in a positive way. On the other hand, they seek risks when a negative frame isRead Moreâ€Å"Coca Cola in India: a Study on Product Portfolio and Distribution Adaptation†7157 Words   |  29 Pages(February 2012) (ISSN 2231-5985) â€Å"COCA COLA IN INDIA: A STUDY ON PRODUCT PORTFOLIO AND DISTRIBUTION ADAPTATION† Prof. Ray Titus* Nagabhushana** ABSTRACT The research study was conducted to learn the localization strategy of global beverage company Coca Cola in terms of two of its marketing mix variables, namely, the product portfolio on offer and the distribution process. 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Role Theory Free Essays

string(138) " roles because they apply to a wide range of situations and because they tend to alter the meaning and taking up of other types of roles\." Understanding Intimate Partner Violence through Role Theory: A Concept Paper Introducing Role Theory Role theory is a sociological framework that has been used to explain sets of relational patterns between people across varying contexts. It seeks to explain one of the most important characteristics of human social behavior – the fact that how people act, behave and speak are not separate, unique, disconnected but rather, are reflective of certain patterns and arrangements that depend on the social context and the actors in these contexts (Mangus, 1957; Biddle, 1986). To illustrate, within the context of an intimate relationship such as marriage, violence between partners can be tied to the particular patterns and arrangements of acting, behaving and speaking between partners – such as earning money, rearing children, taking care of the home and initiating sexual relations. We will write a custom essay sample on Role Theory or any similar topic only for you Order Now Although several versions of the theory have been explicated by scholars, there appears to be agreement that role theory is mainly about three interrelated concepts: (1) patterned and characteristic social behaviors, (2) parts or identities as assumed by social participants, and (3) scripts or expectations for behavior that are understood and followed by actors in a particular social context (Biddle, 1986). For instance, adopting a role theory perspective to understanding intimate partner violence necessitates looking at the patterned and characteristic social behaviors of intimate partners in a relationship, the parts or identities that each partner plays in the relationship, and the scripts or expectations that are interpreted and adhered to by the partners in a particular relational context, specifically in situations of violent encounters. Furthermore, the theory also allows for an understanding of the relationships among the individual, collective and structural levels of society (Turner, 2001), as it deals with the organization and connection of social behavior between the micro, macro and intermediate levels of society. Thus, within role theory, an analysis of intimate partner violence entails looking into the individual behaviors of partners in a violent relationship and tracing the linkages of these behaviors to the social structures that exist in a particular society. Defining Roles Central to role theory is the concept of role. Several definitions have been ascribed to the concept of role in the literature. On a general level, the concept of role includes a description of behaviors, characteristics, norms and values held by a person (Thomas Biddle, 1966). Another definition identifies role as a cluster of behaviors and attitudes that are understood as belonging together, such that a person is considered as acting consistently when enacting the various components of a single role and variably when he or she fails to do so (Turner, 2001). For instance, the traditional masculine role can be characterized as aggressive, ambitious, dominant, independent and persistent whereas the traditional feminine role can be illustrated as agreeable, courteous, sympathetic, trusting, understanding and warm (Ellington Marshall, 1997). As such, a partner who plays the masculine role must enact behaviors and attitudes that are typical of this role, such as being aggressive, dominant, independent and agentic. For this partner cast in the masculine role, to be passive, dependent and agreeable implies incompatibility with the traditional masculine role. Specifically, a role may refer to behavior that is expected of people who occupy particular social categories such as statuses (or positions) in both formal and informal systems (Montgomery, 1998 as cited in Lynch, 2007; Biddle Thomas, 1979 as cited in Lynch, 2007). Roles may also be reflective of the cultural values and norms in a particular society (Zurcher, 1983 as cited in Lynch, 2007). Roles may also be conceptualized as a resource that social actors try to utilize to achieve certain social goals (Callero, 1994). This assumption suggests two things: (1) that human agency is facilitated and expressed through the use of roles as resources, and (2) that roles are employed as tools in the establishment of social structures (Baker Faulkner, 1991 as cited in Callero, 1994). Most social roles exist in pairs or sets. Thus, roles can be conceptualized as related through distinctive role relationships (Mangus, 1957). As such, there could be no husband role without a wife role and no parent role without a child role. In the context of intimate violence, there exists the perpetrator-victim role set. As organized patterns of social behavior, roles are of several types (Mangus, 1957). Roles may be ascribed to the individual, imposed upon an individual or achieved by the individual (Mangus, 1957). Sex and gender roles are ascribed to or imposed upon an individual (Mangus, 1957). For instance, one has to assume the masculine role if one is male or the feminine role if one is born female. On the other hand, one’s roles in groups and occupational systems, such as leader, mediator or peacemaker, are achieved roles. Roles may also be understood as generic or specific. Some roles may be pervasive, persistent, generalized and highly important to a person’s life while other roles may be limited, subordinate, temporary, isolated and unimportant to a person’s life (Mangus, 1957). To illustrate, in a violent intimate relationship, the roles of perpetrator and victim may be the predominant configuration in the relationship. On the other hand, these roles may also be seen as isolated to particular relational contexts and thus understood as subordinate to other roles such as father, mother, breadwinner and caretaker. Roles may also be highly abstract or they may be concrete (Mangus, 1957). Abstract roles emerge from social systems of statuses and are expressed as generalized moral standards (Mangus, 1957). Examples of abstract roles are evident in universal expectations of honesty and justice. Status roles include rights and duties that emanate from a given position or office (Mangus, 1957). Illustrations of status roles can be seen in the entitlements and obligations that are given to persons of authority, such as managers, leaders or decision-makers. Turner (2001) also identified four broad types of roles: (1) basic roles, (2) position or status roles, (3) functional group roles, and (4) value roles. Basic roles refer to roles that are associated with gender, age and social class (Banton, 1965 as cited in Turner, 2001). These are considered basic roles because they apply to a wide range of situations and because they tend to alter the meaning and taking up of other types of roles. You read "Role Theory" in category "Papers" The second type of roles, position or status roles, correspond to positions in organizations or formally organized groups (Turner, 2001). Occupational and family roles may be regarded as examples of position or status roles. Functional group roles are the informal behavior patterns that arise spontaneously as persons take on situational identities during social interactions (Benne Sheats, 1948 as cited in Turner, 2001). Examples of functional group roles are mediator, coordinator, critic, counselor, leader and follower. Finally, value roles are similar to functional group roles in that both types of roles emerge spontaneously from the social interaction. However, value roles tend to be attached to very positively or negatively valued identities (Turner, 2001). In intimate relationships, examples of value roles can be the roles of hero, villain, saint, sinner, perpetrator or victim. After providing an overview of role theory and the concept of roles, we now turn to explain the two major approaches to understanding role theory. Two Main Approaches to Understanding Roles A review of the related literature identified two main approaches to understanding roles: (1) the traditional structural-functional approach and (2) the interactionist approach. In this section, we highlight the characteristics of each approach as well as provide an explanation of the major assumptions within each perspective. We also provide illustrations as to how each approach can help enlighten our understanding of intimate partner relationships. Finally, we discuss the limitations of each approach. Traditional Structural-Functional Approach The structural-functionalist tradition of role theory focuses on how roles, as fixed components of complex social structures, cultures or social systems, influence the behavior of people (Lynch, 2007). Two related strands of role theory are embedded within this approach – structural role theory and functional role theory. Structural role theory concentrates on social structures, which are understood as stable organizations of sets of persons (called â€Å"social positions† or â€Å"statuses†) who share the same patterned and characteristics behaviors (roles) that are in relation to others sets of persons in the structure (Biddle, 1986). This particular strand of traditional role theory refers to parts of organized groups as â€Å"status† and to the fixed behaviors expected of persons occupying a status as â€Å"roles† Stryker, 2001). Thus, roles may be conceptualized as the dynamic aspect of statuses or social positions, with roles corresponding to rights and duties attached to statuses or social positions (Stryker, 2001). Within this strand, roles are understood as existing prior to the social interaction of people who occupy the statuses or soci al positions, as roles originate from the accumulated experiences of past individuals who have previously occupied a status or social position (Stryker, 2001). The second strand of traditional role theory – functionalist role theory – highlights the characteristic behaviors of persons who occupy social positions within a stable social system (Biddle, 1986). Within this strand, roles are conceptualized as the shared and normative expectations that prescribe and explain these characteristic behaviors (Biddle, 1986). Functional role theorists view the enactment of roles as something that is learned through an understanding of social norms in a society as well as something that accomplishes certain functions in social systems (Biddle, 1986). Both structural and functional strands of the traditional approach to role theory emphasize social structures as antedating roles, such that roles are seen as imposed on the individual (Turner, 2001). Thus, within this approach, the roles of perpetrator and victim can be understood as emanating from social structures such as gender. For instance, the masculine role has often been identified with being the dominant partner, the primary breadwinner, the decision-maker and the enforcer of rules in the household. On the other hand, the feminine role has often been linked with being the subordinate partner, the caretaker of the home and the supporter of the husband and children. Such role configurations may put partner occupying the masculine role at an advantage while setting the partner playing the feminine role at a disadvantage, thus making them vulnerable to becoming perpetrators and victims of intimate violence (Mihalic Elliot, 1997). Furthermore, this approach also points to socialization as the process by which persons learn to take on and perform particular roles in society (Stryker, 2002). Thus, when persons in social relationships conform to the expectations that are attached to statuses and supported by social norms, they tend to gain approval from other people who occupy related statuses and adhere to similar norms; such approval then reinforces the learning and enactment of roles (Stryker, 2002). Research has shown that typical school practices tend to create children’s identities as boy and girls (Martin, 1998 as cited in Fox Murry, 2000). In particular, findings showed that teachers tend to treat boys’ voices as different from girls’ voices, such that the former were allowed to be louder and more as compared to the latter. Presumably, such gender role socialization contributes to the accrual of privileges to the masculine role and the corresponding accrual of disadvantages to the feminine role. In addition, both strands of the traditional structural-functional approach to role theory agree on the assumption that society, social systems and social structures shape individual behaviors (Brookes, Davidson, Daly Halcomb, 2007). Analysis within this approach also starts from an examination of the social structure (Biddle, 1986). As such, within this approach, an examination of intimate partner violence will proceed from an investigation of the social systems and social structures that influence violent behaviors between partners in an intimate relationship. Furthermore, such an analysis will look into the cultural norms and values that sustain the social systems and social structures implicated in the phenomenon of intimate partner violence. However, several limitations of this approach have been raised in the related literature. According to Lynch (2007), this approach paints roles as relatively inflexible structures that are difficult to combine. Furthermore, by focusing on social structures, the traditional approach to role theory fails to take into account the mental, experiential dimension of role enactment (Lynch, 2007), thus regarding persons as automatons who take on roles mechanically. As such, this approach tends to be limited in its view of intimate partner violence as mechanically carried out by individual persons according to their status or position in the social structure, without taking into account the variability and diversity of experiences related to this phenomenon. Also, as it has difficulty accounting for individual level negotiations where actors may switch or combine roles, this approach also treats the variability and flexibility of roles as problematic (Lynch, 2007). Thus, traditional role theory is unable to address issues elated with non-conformity, social change and social systems that are not well-formed (Biddle, 1986). For instance, given instances of intimate partner violence where both partners inflict violence upon one another, traditional role theory proves to be limited in its explanation of intimate violence as emanating from the social structure. Within this approach, role changes such as when the perpetrator becomes the victim and the victim becomes the perpetrator become problematic and difficult to explain. The traditional structural-functional approach to role theory has also been criticized as advancing a one-sided view of society, with its emphasis on consensus, cooperation and continuity in social life along with its seeming blindness to disagreement, conflict and change (Stryker, 2001). Finally, scholars have also criticized the traditional approach to role theory as rationalizing and reinforcing the existing social order (Stryker, 2001). Interactionist Approach The interactionist approach to role theory arose from the symbolic interactionism perspective in sociology and as such gives importance to the roles of individual actors, the development of roles through social interaction, and the processes through which social actors understand and interpret their own and other people’s behavior (Biddle, 1986). Thus, this approach focuses on how roles emerge in social interactions and how individuals are able to influence behavioral expectations through social negotiation (Lynch, 2007). Within this approach, a role is conceptualized as neither fixed nor prescribed, but rather, something that is continuously negotiated by persons in social interaction (Mead, 1934 as cited in Lynch, 2007; Blumer, 1969 as cited in Lynch, 2007). Using this approach to understand intimate partner violence therefore necessitates looking at how partners in a violent relationship interact with one another as well as how they, negotiate, take on, impose or reject specific roles. In contrast to the traditional approach to role theory which highlights social systems and social structures, the interactionist approach emphasizes social processes such as communication, interpretation and negotiation (Lynch, 2007). Theorizing within this approach assumes that the relationship between personal, behavioral and social variables is reciprocal (Plummer, 1991 as cited in Lynch, 2007). As such, the interactionist role theory approach to xamining intimate partner violence will tend to focus on how partners communicate, interpret and negotiate particular issues in their relationship. As opposed to the traditional approach to role theory that posits the unidirectional influence of social structure on individual action, the interactionist approach opens up the possibility that personal and behavioral variables may influence social structural variables. For interactionist theorists, social actors interpret and enact their own roles by imagining the roles of others actors in t he social interaction (Turner, 2001). Thus, far from being automatons who take on roles mechanically, people are viewed as interpreting, negotiating and shaping their own roles to be able to interact effectively with other people who take on related roles (Turner, 2001). In this approach, analysis starts from an examination of the patterns of social interactions among individuals and groups of individuals (Turner, 2001). As such, research on intimate partner violence using this approach will look at the interpretative, negotiated and dynamic nature of violent interactions between partners. Some challenges to the interactionist approach to role theory have also been raised. One of these challenges criticized the interactionist approach for failing to take into account the influence of social institutions and structural forces on the role enactment process (Lynch, 2007). Thus, little attention is given to the structural constraints that impinge on roles (Biddle, 1986). To illustrate, although intimate partner violence can be analyzed by studying the social interactions where violence occurs, it is also important to trace the occurrence of intimate violence to social structures that impose and influence the roles that people enact. In addition, as the interactionist approach tends to focus on specific instances of social interactions, interactionist theorists sometimes fail to discuss the contextual limits of their assumptions (Biddle, 1986). Also, while the approach acknowledges the reciprocal relationship between personal, behavioral and social variables, it still fails to explain how these relationships feedback and affect succeeding role enactments (Lynch, 2007). Summary of Limitations of Two Main Approaches to Role Theory In his work on proposing an integration between role theory and positioning theory, Henriksen (2008) cited important limitations of the two main approaches to role theory. These limitations represent a summary of the difficulties that are encountered when using the traditional structural-functional approach and the interactionist approach to understanding social phenomena such as intimate partner violence. On the one hand, the traditional structural-functional approach seems to ignore individual action and its influence on social structure (Henriksen, 2008). Furthermore, a structural-functional approach to role theory also appears to be limited in examining the finer grains of social interaction (Harre van Langenhove, 1999 as cited in Henriksen, 2008; Harre Moghaddam, 2003 as cited in Henriksen, 2008). On the other hand, the interactionist approach appears to focus on social interactions, without taking into account the influence of social structures on the patterning and stability of such interactions. The interactionist approach has also been criticized for its limited attention to the social span of social interaction (Henriksen, 2008). It is based on these limitations of role theory that we propose an integration of role theory with positioning theory, in view of providing a better understanding of intimate partner violence at the structural, interactional and discursive levels. References Biddle, B. J. (1986). Recent developments in role theory. Annual Review of Sociology, 12, 67-92. Brookes, K. , Davidson, P. M. , Daly, J. , Halcomb, E. J. (2007). Role theory: A framework to investigate the community nurse role in contemporary health care systems. Contemporary Nurse: A Journal for the Australian Nursing Profession, 25 (1-2), 146-155. Callero, P. L. (1994). From role-playing to role-using: Understanding role as resource. Social Psychology Quarterly, 57 (3), 228-243. Ellington, J. E. Marshall, L. L. (1997). Gender role perceptions of women in abusive relationships. Sex Roles, 36 (5/6), 349-369. Fox, G. L. Murry, V. M. (2000). Gender and families: Feminist perspectives and family research. Journal of Marriage and the Family, 62, 1160-1172. Henriksen, T. D. (2008). Liquidating roles and crystallizing positioning: Investigating the road between positioning theory and role theory. In F. Moghaddam, R. Harre, and N. Lee (Eds. ), Global conflict resolution through positioning analysis (pp. 41-64). New York: Springer. Lynch, K. D. (2007). Modeling role enactment: Linking role theory and social cognition. Journal for the Theory of Social Behaviour, 37 (4), 379-399. Mangus, A. R. (1957). Role theory and marriage counseling. Social Forces, 35 (3), 200-209. Mihalic, S. W. Elliot, D. (1997). A social learning theory model of violence. Journal of Family Violence, 12 (1), 21-47. Stryker, S. (2001). Traditional symbolic interactionism, role theory and structural symbolic interactionism: The Road to Identity Theory. In J. H. Turner (ed. ), Handbook of Sociological Theory (pp. 211-230). Kluwer Academic/Plenum Publishers, New York. Thomas, E. J. Biddle, B. J. (1966). Basic concepts for the variables of role phenomena. In B. J. Biddle E. J. Thomas (Eds. ), Role theory: concepts and research (pp. 51-65). New York: John Wiley Sons. Turner, R. H. (2001). Role theory. In J. H. Turner (ed. ), Handbook of Sociological Theory (pp. 233-254). Kluwer Academic/Plenum Publishers, New York. How to cite Role Theory, Papers

Sustainability - Need for change Free Samples †MyAssignmenthelp.com

Question: Discuss about theSustainability Of Need for change. Answer: Brief introduction to the proposed change Manufacturing industry is Australia has encountered a tragic loss as compared to the other countries. Mentionable ones are Ford and Holden, who have put down the shutters of the manufacturing plant. Economic reforms have failed to show its wonders in this phase of crisis (Bebbington, Unerman and O'Dwyer 2014). Along with this, the major concern is that the industry has faced losses in terms of employment, which has suddenly destroyed the steadiness of 40 years. In order to make up for this issue, the manufacturing industry in Australia has proposed a change of systematic and regulated industrial policy. Necessity of the change The basic necessity of the change is to achieve sustainable economic growth. However, the policy makers need to come up with something creative. Achievement of success in this direction would enhance the reputation of the industry and make it independent of the governmental support (Benn, Dunphy and Griffiths 2014). Benefits of proposed change Preparing a solid manufacturing base would enable the personnel to achieve positive results from the change. Herein lays the appropriateness of planning through an oriental approach. Hiring skilled and efficient engineers would be beneficial for the manufacturing industry in systematizing the business. This benefit is applicable, only if the engineers are given direct employment, otherwise, they would be compelled to accept their employment as consultants (Clayton and Radcliffe 2015). Abandoning the manufacturing units have led to huge losses. Further negligence in this direction would deviate the industry from their goals. What happens if the change is not done? If the change of systematic and regulated industrial policy is not implemented, it would reflect an extension to the crisis of the manufacturing industry of Australia. Along with this, not implementing the change would project the lack of willingness of themanagement of the manufacturing industry towards restoring normalcy. If consistency is maintained in this negligence, the industry would lose its hard earned reputation (Brundiers and Wiek 2013). Problems and issues in implementing the change If there is an absence of oriental approach towards implementation of the proposed change of systematic and regulated policy, it would be problematic in terms of restoring order and harmony. This absence would affect the execution of the other activities, which would adversely impact the productivity. Countering this, not applying oriental approach towards implementing the change would compel the industry personnel to encounter instances of employee turnover and customer turnover (Peter and Swilling 2014). Time management Timemanagement is very important for the individuals in terms of systematic execution of the tasks according to their priority. Regular practice of the normal activities with time limit makes the individuals master in performing the basic tasks within a short time. Maintaining this practice is a slow and gradual progression towards devotion of appropriate time to the projects at hand (Doppelt 2017). In case of business, this timemanagement is very important in order to deliver the orders to the clients within the deadlines. Self communication skills Improvement of the self and preconceived communication skills is the primary step of the individuals in terms of penetrating into the threshold of future life. Typical examples in this direction are using ornamental words in communicating with the neighbours, peers and relatives. Achievement of success in this direction creates a good, standardized image about the persons in the minds of the society. Along with this, attending spoken English classes polishes the preconceived skills, knowledge and expertise of the people. Enhancement of the preconceived communication skills prepares them for the corporate life, where communication is the key towards their promotion (Clayton and Radcliffe 2015). Aligning the case of the ongoing crisis of manufacturing industry, communication with the stakeholders and shareholders possess flexibility to yield positive results in terms of implementing the change of industrial policy. Self-commitment to Cooperation, collaboration and leadership Exposure of rational approach in times of crisis makes an individual leader among the others. In this phase, cooperation and collaboration from the team members assists the leader to undertake appropriate decisions for the betterment of the companies and organizations (Benn, Dunphy and Griffiths 2014). However, for becoming successful leaders, individuals need to invoke their inner urge. This can be done through the means of leading a disciplined and routined life. Goals need to be identified for bringing out the leader. Dedication, commitment and persistence towards the identified and specified goals are prime attributes, which would enhance the personality of the manufacturing industry personnel in terms of restoring the order and harmony (Bebbington, Unerman and O'Dwyer 2014). Working on the project, Detectors of LPG Detectors has enhanced my knowledge on collaboration. I along with my team members maintained coordination in conducting the allocated tasks and responsibilities. I was awarded the post of leader. Leading and helping the team members to do the project has prepared me for the workplace environment. References Bebbington, J., Unerman, J. and O'Dwyer, B. eds., 2014.Sustainability accounting and accountability. Routledge. Benn, S., Dunphy, D. and Griffiths, A., 2014.Organizational change for corporate sustainability. Routledge. Brundiers, K. and Wiek, A., 2013. Do we teach what we preach? An international comparison of problem-and project-based learning courses in sustainability.Sustainability,5(4), pp.1725-1746. Clayton, T. and Radcliffe, N., 2015.Sustainability: a systems approach. Routledge. Doppelt, B., 2017.Leading change toward sustainability: A change-management guide for business, government and civil society. Routledge. Peter, C. and Swilling, M., 2014. Linking complexity and sustainability theories: Implications for modeling sustainability transitions.Sustainability,6(3), pp.1594-1622.