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Main Provisions of Sale of Goods Act 1979

1. S.12: Implied Terms as to Title

S.12[1] is applicable to all contracts for sale of goods. It covers private sales as well as goods which have been purchased in course of business.
 S.12(1)[2] implies a condition that the seller has a right to sell the goods. This is applicable to situations where the seller may be selling stolen goods.
A buyer who treats the contract as nullified is entitled to refund of full purchase price even if he has enjoyed the use of goods for sometime.

Case Law: Rowland v. Divall (1923)[3].
 The claimant was a car dealer. He brought a car from the defendant for £ 334. He made repairs to the car, painted it and sold it to another person for £ 400. After two months, the car was seized by the Police, who said that it was a stolen car. The Police, restored it to the original owner.
The claimant refunded £ 400 to the buyer and then brought a claim against the defendant under the Sale of Goods Act[4].

It was held that the defendant had no right of sale since a thief who sold the car to him did not have a good title. The defendant had to return the amount. Even though he used the car for two months he did not have to pay for it and the claimant who spent for its repair was not to be compensated.

S.12 (2) (a)[5]implies a term that there is no undisclosed encumbrance charge. This arises in the case of goods , which might have been still under hire purchase (hp) agreement or might have some other debt availed against them, but the same might not have been disclosed to the buyer. This is a type of warranty only. So while the buyer cannot end the contract, he can claim damages for any loss.
Case Law: Microbeads v. Vinehurst Road Markings (1975)[6] 1WLR.

2. S.13 Sale by Description

S 13(1)[7] implies a term that where there is a contract for the sale of goods on the basis of a description the goods will agree with the description.

It may be noted that S.13(1) does not apply where the buyer sees , the actual goods before sale case: Harlington & Leinster v.Christopher Hull Fine Art (1991)[8].It may also be noted that S.13 is concerned with description but not with quality.

Case Law: Arcos v. Ranaason (1933)AC 470[9].

3. S.14: Implied Term as to Quality

S.14 (2 A)[10] Where the seller sells goods in the course of business, the implied term is that the goods supplied under the contract are of satisfactory quality.
S.14 (2 B)[11] In judging the quality of goods

• Fitness for the purposes for which goods are supplied.
• Appearance and finish
• Freedom from minor defects
• Safety and
• Durability are the factors that are taken into consideration.

S.14 (2 C)[12] provides for limitations on the applicability of S.14 and prescribes S.14 does not apply to

• Defect in quality which is specifically drawn to the attention of the buyer before finalization of the contract.

Case Law: Bartlett v. Sydney Marcus Ltd (1965) WLR 10/3[13].

• Where the goods are examined by the buyer during which the defect ought to have been reversed.

4. S.15: Sale by Sample

S.15[14] applies to all types of sales, whether it is consumer sale or a private sale o a business to business sale.
S.15 (2) [15]provides that contract for sale by sample provides an implied term that

• The bulk will agree with sample in quality
• The goods will be free from any defect making their quality unsatisfactory, provided that such defect will not be apparent when the sample is reasonably examined.

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Sale of Goods Act 1979

1. History

The Sale of Goods Act 1979[1] is an Act of the UK Parliament. It regulates English commercial Law as well as UK Contract Law relating to sale and purchase of goods. The original basis for this Act is Sales of Goods Act 1893.This Act was modified or amended several times which resulted in codification and consolidation of the Law. In order to give a consolidated structure and shape to the Act of 1893, The Sale of Goods Act 1979[2] was passed. Subsequently also, there are many amendments to the Act.

2. Operation

The Sale of Goods Act 1979 attends to a number of functions. The Act applies to contract where goods are transferred or to be transferred to for monetary consideration[3]. The legal rules prescribed by it are very small number, but it contains a large number of presumptions as well as implied terms. These terms and presumptions indicate the most commonly accepted Contracts of Sales. Unless there are any terms to the contrary in the sales contract, the said contract is expected to follow the implications of this law[4].

The Act contains seven parts[5] in all. Part I just mentions the contracts it applies to. The operation guidelines are contained in Parts II to Parts VII. Part II deals with formation of contracts, Part III with the effects of contracts, Part IV with performance of the contracts, Part V with rights of the unpaid seller, part VI for actions for breach of contract and part VII with supplementary[6].

3. Protection to Consumers by implied terms

There are four main protections provided by the Sale of Goods Act 1979[7] to the consumers.
1.)    The seller should have the right for sale of goods (S.12)[8].
2.)    Goods sold by description must agree with the description (S.13)[9].
3.)    Quantity of goods must be satisfactory (S.14)[10].
4.)    If the goods are sold by sample, the actual goods received by the buyer must agree with the sample in quality.
These protections are provided for in the form of statutory implied terms. This means that irrespective of what the parties to a sale of contract agree to these terms will automatically apply to all contracts of sale.

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Cost and Return on Workplace Economics

The antagonists of workplace environment betterment usually cite costs to companies due to creation of additional facilities. (Mayo, 1945) But if you look at the facilities that are required by workplace environment, they are intangibles. Attitudinal changes and communication betterment won’t cost you anything(Yorks & Whitsett, 1985).A few of the facilities like the recreational equipment and facilities for women may cost a bit, but it is not substantial. One problem with the workplace economics is that the investment is partly tangible but the return is totally intangible. Economics in traditional sense speaks of tangible investment and return. But economics at workplace cannot be discussed in traditional sense. When the employees’ morale is high due to better work place environment and results in increased productivity, people refuse to admit and recognize the correlation and try to ascribe extraneous contribution to increased productivity. But if you observe companies like Google, you can understand the contribution and importance of workplace environment for company’s growth. These companies provide all types of recreational facilities and even free food to their employees. These freebies do not cost much to the company ,but win a lot of loyalty and motivation from Employees .That is why, even during the times when other companies are reeling under the onslaught of attrition, companies like Google remain unaffected. (“Five realities of Google or any other Workplace Wonderland”,2008).

Economics is very important at workplace and has serious implications for the same. But it is not economics in the traditional sense where you invest something and reap some benefit. In traditional sense, your investments as well as returns are intangible. But economics of workplace is different. Here you invest in something which is not connected to your business. The result is intangible and is again not connected to business. The benefit from the return accrues in full to the business in a way that you don’t see it directly but only can feel it. (Roethlisberger, 1941).

An example similar to this can be drawn even from traditional economies. When your company maintains high quality in products and integrity in business, it builds up a reputation and over a period evolves into a brand value, which in modern times commands a huge value. It takes some pains to maintain quality in products and business integrity and it may involve some expenditure. But you don’t go back and make the investment. The result is a brand value which is intangible but commands a value. Investment in workplace environment improvement can be compared to an effort to build brand value.

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Workplace Economics – Fine Tuning and Requirements

1. Fine Tuning of workplace economics

In the initial years of employment, an employee is satisfied with monetary part of his compensation. Monetary incentives appeal to him. Fringe benefits like certain allowances –Annuity schemes, Medical facilities, Medical Insurance ,ESOPs  and such other benefits satisfy him .All these are tangible benefits ,most of which are taken care of by legislative measures. (Carey,1967).

As time passes on the employee realizes that there is something more that he needs to get some satisfaction out of his job apart from mere monetary gains. (Daft& Noe,2001)  He yearns for respect, identity, recognition, creativity and social context. While the tangible salary and other prerequisites and fringe benefits provide him financial security, his psychological yearnings require more than mere monetary benefits to satisfy him and motivate him. (Daft& Noe, 2001). The sole platform for providing fodder to this psychological yearning is workplace. We now examine what measures need to be taken for bettering the workforce environment (Daft& Noe, 2001).

                        2. Workplace Economics –Requirements

2.1. Attitudinal Change

The first prerequisite for bettering workplace environment is a change in the attitude of managerial personnel. They are hitherto accustomed to look down upon the workers as tools of  production which can be used as and when required and thrown out when not required. They profess once and again that they realized the importance of HR policies but faltered to deceive whenever the occasion arose.( Schultz & Schultz,2002) The merciless retrenchment of employees in software and manufacturing industries even on a small indication of a business drop exposed their true colors as opportunists. Such opportunistic behaviour doesn’t endear them to the workers and instill confidence. What is needed is a true change in their attitude towards the workers. (Spector,2000)

2.2. Recreational Facilities

           “All work and no play make Jack a dull boy” goes the saying. Employees should be provided proper recreational facilities by way of libraries, indoor games and outdoor games to refresh themselves. This provision not only enhances their productivity but also enriches the camaraderie among the workers which in turn contributes to team work. The recreational facilities also make them fitter physically to respond ably to the demands of physical work in the organization(Turner, 1933).

2.3. Communication

This is the most important contributor to workplace environment. One way communication hitherto prevalent in industry should be replaced by two-way communication in a way that it becomes a tool for understanding fully what is expected of them. (Turner, 1933).

 There should not be any ego or apprehension from any side in communication and this leads to transparency, which is a new virtue among the corporates. A lot has been discussed about communication in earlier paragraphs. Hence the same is not repeated here. (Whitehead,1938).

2.4. Treatment of women and sexual harassment

This is another very important aspect which should be taken care of for bettering the work place environment. As the industrial activity intensified all over the world, women became an integral part of our work force. Even though we shout hoarse that women and men do not really have equal chances of exhibiting their talents. However talented they are women are bound by family and children and lag behind men. Policies which enable women with family care responsibilities are lacking in work places. (Moorhead& Griffin, 2004) So many women however talented they are leaving their jobs for family and children. Facilities should be provided to retain such women(Moorhead& Griffin, 2004).

 Sexual harassment in workplaces is another malady plaguing the workplace. Measures should be taken to eradicate it and provide a congenial atmosphere for women to work.

2.5. Improving Soft Skills

Soft Skills refer to a group of personal qualities like communication ability, personal habits, language skills, friendliness and optimism that influences relations with other people. Soft Skills are the new requirements of the present day industry and business .Soft skills complement the hard skills like proficiency in work and make a person a successful and very useful employee for the organization(Wilson,1999).

While a very few people are born with soft skills, these skills are usually cultivable. Workplace economics has a very important place for soft skills like socializing, team work, participating in a team in cultural activities, decision making, problem-solving, active listening, interacting positively with others. Efforts should be made to inculcate these soft skills among employees so that workplace will be an enriching ground for them to extract mental and social happiness (Wilson, 1999).

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Aspects affecting workplace economics-part-4

8. Benefits of Effective Communication.

Poor communication among Managers makes their ideas ambiguous to workers and fails in optimizing their productivity. An effectively communicating Manager tries to be aggressive as a result of which the gap between him and the workers widens heading to low morale among the employees. Similarly ineffective communication from the employees fails them in conveying their problems and requirements to the Management as a result of which the desired improvement in working condition or performance cannot be achieved (Nelson & Quick, 2003).

9. Teamwork

 Another essential prerequisite for success in present day business environment is teamwork. It is not enough if one is skillful by herself, but he should also be a team man and carry his team along with him. He should also inculcate the same team spirit among his colleagues so that there will be more and more contribution for the team’s success rather than for an individual. The benefit of teamwork is that it not only makes the tasks easier but also instills camaraderie among the employees. (Newstrom& Davis, 2002)

10. Job Satisfaction

Normally a job is an instrument of earning livelihood. Earlier there was not much relationship between the job and a person except that it was a facilitator for earning income. But deriving satisfaction out of a job is a new dimension among the employees. (Robbins, 2003).

 Job is not only an income earner but also an instrument of psychological satisfaction of achievement. Workplace is the suitable platform to derive this satisfaction by an employee. So an amicable and proper environment at the work place is a must if the employee has to enjoy his job and optimize his productivity. (Robbins, 2003).

11. Manager’s Role

Managers hitherto are considered to be wielders of power and authority. There was lot of ego and display of power entrusted with managerial positions. But Manager’s role has now undergone a sea change. They are now considered as guides and facilitators. (Riggio, 2003)Their responsibility has grown to a position where they have not only to achieve organizational goals but also instill team spirit and organizational culture among employees to optimize their productivity. The above revelations made by Human Relations theorists as for the need for a good workplace environment changed the outlook of traditional Managers towards their subordinates. The employees were no longer looked down upon as factors of production but as partners of production, who deserved recognition and respect and whose contribution is inevitable in achieving the organizational goal. The importance of informal groups and their effect on productivity was also recognized by Hawthorne studies. (Carey,1967).

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Aspects affecting workplace economics-part-3

7. Communication Channels

            Communication channels are the life line of an organization. They should take into account economic aspects of the organization and the feelings of people working in it.

Communication is the most important aspect of workplace environment. It has the enormous power of making or marring the work place environment. One has to first understand the meaning of communication to understand its implication, relevance and impact in the work place. (Ivancevich & Matteson, 2002)

                Communication in the traditional sense means conveying your feeling in words to the listener or required person. But modern day developments changed its meaning and context completely. Communication now has varied meanings and contexts communication in the modern sense has widened its meaning “to convey what you mean to the targeted listener or audience in a way they understand what you mean correctly”.

              Communication at workplace has wider perspective, simply because the subjects and objects of communication process are more in number. (Ivancevich & Matteson, 2002).To be precise, there is Manager-Supervisor communication, Supervisor-Supervisor communication, Manager –Employee communication, Employee-Employee communication and the same in the reverse order up the ladder. No two communication processes are alike in the sense that for example Manager-Employee communication is different from Employee –Manager communication. With so many types of communication processes in fray, it is quite possible that things do not move smoothly unless the communication is effective.” An effective communication is one which is clear and precise by the communication and easily and unambiguously understood by the receiver”. (Ivancevich & Matteson, 2002)It should be  fear and apprehension-free and ego-free. Let us now see what ineffective communication or lack of communication does to an organization. The major effects of ineffective communication can be (1.)Misunderstandings,(2.)Adverse effect on employee’s performance, (3.) Bad effect on company’s  performance.

              Ineffective communication or poor communication leads to conflict and is frustrating to employees. Poor and effective communication from Managers makes them unable to express their thoughts and guidance to the workers clearly leading to worker’s ineffectiveness to perform well according to company’s objectives.( Muchinsky,2003).

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Aspects affecting workplace economics-part-2

4. Mutual Cooperation

               People depend on cooperation and help from others to complete their work. Their behaviour is determined by social context. ‘You do your work and get home’ is the principle of earlier years. Present day requirements of workplace have made sole performances almost extinct. Most of the tasks are almost to be done by teams and not individuals. For the team to work successfully, mutual dependence among the members of the team is essential.( Krumm, 2001).The social context nature of the organizational workplace makes it a similarity to the society where people freely exchange ideas and help each other. They cannot immediately leave this garb of social behaviour and put on organizational behaviour cloak and hence this similarity. ( Krumm, 2001).

 5. Informal Group

            Informal group moulds the attitude and performance of workers to a great extent. The requirements of the company impose a one-point program on the worker’s work. The work becomes monotonous and the job mechanical. After sometime, the worker reaches a stage where the worker works to make a living .Such work lacks in quality and creativity. But if the work place environment creates an atmosphere suitable for existence of informal groups, the worker looks forward everyday to go to the factory. (Luthans, 2002)The workplace becomes his first home. He develops and attitude of ‘living to work’ instead of ‘working for living’. He bristles with positive attitude and an enthusiasm for quality work. Such a worker is the imminent requirement of present day company and such a worker makes and invaluable human capital for the company.

6. Rules and Regulations

              Rules and Regulations moderate and modify while informal group moulds and models and impacts the behaviour of people strongly. Rules and regulations are in general viewed by workforce as restrictions on their actions. While they are usually the prescriptions for orderly management of an organization, workers have a feeling of suppression from them. They surrender to these rules and regulations with a feeling of resignation even though those rules are not very stringent. Informal groups on the other hand confer a feeling of freedom for the workers. ( Krumm, 2001).With no tangible effort on their part, the informal groups silently show their impact on moulding and modeling the behaviour. Such behaviour infused by informal groups is infact much more pleasant and acceptable than the one denied to be instilled by rules and regulations. (Luthans, 2002).

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Aspects affecting workplace economics-part-1

The Human Relations Movement’s objects became more extensive and gave birth to more intense study and research. (Human Relations Movement, 1998). The toil is found worth the trouble. The following aspects emerged from various studies.
1. Social system nature of organizations
            Organizations are not merely technical and economic systems but are social systems as well. The entities are not merely organizations which use technology for production and pay the workers for their work. They are much more than that. They are social systems in the sense that the workers establish many relations amongst them selves like those in any social group. (Greenberg& Baron 2003).
2. Need-based motivation of the people
               People are motivated by many needs. This stands in stark contrast to the traditional belief that monetary benefits like a hike in salary or a gift are enough to motivate a worker. Many a time a pat on the back for the good work done by a worker works more wonders than a monetary incentive or a gift . Many issues and areas were found where the needs of the workers cannot be met with to motivate them. (Jewell, 1998)
3. Nature of Behaviour of workers
             People are not always likely to behave in a logical or rational manner. The way of behaviour is let known to every employee at the entry point itself into the organization. The employees are expected to stick to this code of behaviour. But, as we have already discussed, the work place is like a social setup. People in such a setup do have all the feeling, frustrations, relations, hilarious moments, conflicts and reconciliations present in a social setup. These give rise to certain occurrences which are not always strictly in line with the code of behaviour. (Greenberg& Baron 2003).So any violation of code of behaviour, before being viewed seriously, should be analyzed from this angle also. People may sometimes even forget that they are in their workplace and their behaviour is to be controlled by a code. They give vent to their feelings and frustrations and the same may not be rational or logical. (Greenberg& Baron 2003).
              Some people are sociable and aggressive while some others are silent and submissive. Some are punctual and hardworking while some others are lazy and lack punctuality. Some are optimistic and assertive while some others pessimistic and reserved. (Greenberg& Baron 2003).
             These basic qualities of different people are complex and difficult to interpret and come out only on the demands of the situation. To complicate matters further, personality is a complex and indefinable concept. (Greenberg& Baron 2003). It has to be defined from different perspectives. The employee’s personality together with his attitude decides his behaviour and job performance in an organization. When the personality itself is so complex to analyze and define, it would be hasty and catastrophic, to expect the outcome to be logical and rational. Dealing with it should be objective but not subjective. (Greenberg& Baron 2003).


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Workplace and Need for Workplace Economics

 Workplace

Workplace in this context does not mean the traditional definition of factory or office. Workplace today is real as well as virtual. It is real as far as factory or office is concerned. But where one is outside these two on a company’s job, it is still a work place.

                         Need for Workplace Economics    

The first question that invades one’s mind before dwelving deep into subject is,”Is there so much need and concern for employee welfare?”. There are good number of arguments for an affirmative answer to this question.(Champoux, 2003).

Science and technology, no doubt, brought in economic progress and improvement in standard of living. But these improvements did not satisfy the employees .They still complained of monotony of job, lack of job satisfaction and indifferent, apathetic and egoistic attitude of supervisors. Even the best of the organizations, known for their human resources management skills became centers of attrition (Champoux, 2003). The phenomenon confounded the management experts and researches to find an ideal way of running an organization. Developments in the field of psychology redefining human needs, World War I and the resultant economic depression raised serious questions on some of the basic presumptions of Scientific System of Management. (Taylor, 1911)

The Hawthorne studies, the first of their kind to peep into the strategies of manpower management, revealed that the response of the workers to classical approach in motivation by economic rewards is not very encouraging. The requirements and aspirations of workers are found to be different. The workers wanted to be accepted by their group. (Brannigan & Zwerman,2001). The Hawthorne studies indicated to the Managers that they should understand the organization not merely as producers of goods and services but representatives of social systems. (Brannigan & Zwerman,2001).The Hawthorne studies, by their revolutionary revelations laid foundations for further research in manpower management triggering a Human relations movement.

Conventional Managers always believed that economic incentives could motivate the worker to put forth his best. The Conventional Manager could not be found fault with for this attitude because those were the times when only physical work was the only target to be extracted. But as time progressed, business became more complex and workers could no more be expected to be contributors of mere physical work. New ideas and philosophies like motivation, team work, creativity and soft skills made their entry into workplace dictionary. Mere economic incentives are not sufficient to motivate the workers to respond to new requirements. Something more of environmental, social, psychological and identity requirements are found needed to respond to the demands of the situation.

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Globalization and effect on workplace environment

Gone were the thoughts that the managerial personnel were the only drivers, instrumental in driving the company along a pre-decided course. They are replaced to a large extent by the workforce, who have to put their shoulders to the wheel. The companies realized this aspect and began paying attention to the role of workforce and that led to the evolution of the concept of workforce welfare and the Human Relations policies. (Jex , 2002) There is no surprise that in the present day corporate world, there is no corporate entity without a clear HR policy. The importance given by Management experts to focus more and more on improving HR policies tell the story behind the importance of workforce (Aamodt,2004).

One needs to understand fully the concept of human relations in Industry to realize the importance of workforce in the development of industry.(Berry,1998). For long unfortunately humans are considered to be some machines which can be used when needed and thrown when not. The situation did not fare well for the industry as there was no commitment and motivation among the workers to deliver more. They were mechanical in their approach and worked for a living with no attachment to their entity and no dedication to their work. (Greenberg & Baron, 2003).

A peep into history of industry reveals that this attitude towards workforce is an outgrowth of too much of capitalism and human egoism. There was a time nearly a century ago, the workers were treated well and handed out a much better treatment. ”Eight hours to work, eight hours to sleep, eight hours to be a human being”, was the slogan of Abbe, the founder of the Carl Zeiss Stiftung foundation, with which he introduced eight-hour day work in the Zeiss optical Factory in Jena ,Germany in 1900(Abbe,1906). But subsequent developments in Industrial sector made the work’s position weak and managerial positions strong. But subsequent developments in Industrial sector made the worker’s position weak and managerial positions strong. But the issue of Industrial relations and worker’s welfare could not be kept in cold storage for long because it was realized that for success of a business, productivity is one of the main factors and that productivity is linked to Industrial relations and worker welfare. The aspect attracted the attention of premier Management institutes which conducted extensive studies on the aspect. In the 1920s and 30’s F.J.Roethlisberger and Elton Mayo of Harvard University(Roethlisberger & Dickson,1939) conducted Industrial experiments at Western Electric Company’s Hawthorne plant to study human behaviour at work and found a positive correlation between productivity  and worker participation. They concluded that workers are the most important part of an organization. (Roethlisberger & Dickson,1939) The research continued in 1940s and 50’s when several organizations continued studies on human behaviour at work. The Research for Group dynamics, University ofMichigan and Personnel Research Board, Ohio State University conducted research in motivation and leadership (Leadership Behavior and Motivation,2010). The Tavistock Institute of Human Relations inLondon carried out research on various subjects relating to workers. (Human Relations Movement, 1998).The National Training Laboratories in Bethel Maine, focused on Group dynamics (The National Training Laboratory and the Overseas Education Association,2010). The findings from all these studies helped managerial personnel to understand human behaviour at work and the importance of human relations in work place.

The importance of worker welfare, thus being realized as a paramount factor for productivity, it is quite but natural that the common habitat for the workforce becomes the focal point for implementation of various measures for worker welfare. By common habitat, we mean the workplace, where the workers spend nearly 50% of their time. Before going further into discussion about the betterment of workplace environment, let us first discuss about what it means. (Bowditch,  & Buono,2001).

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Globalization and effect on companies

Globalization, improvement in communication and technological development have totally metamorphised the international trade and business in new millennium. (Albrow, 1997).Competition in all aspects of business hotted up and need to spruce up all operations became the imminent need. The competition this time is not like during the earlier periods where wings of protectionism by local governments, geographical barriers like distance between countries, competition only from domestic peers saved the companies.(Robinson,1996 ). But protectionism has now become a thing of the past, as economies are opened up, geographical barrier removed by improvements in transportation and communication facilities and competition from domestic peers replaced by competition from international giants. (Robinson,1996 ). The advent of internet and e-commerce further hotted up the competition. It is a no-holds barred competition, where everything is considered fair in love and war. This time around there is no escape for competitions, but only two outlets –“fight or perish”. (Robinson, 1996).

The industry’s response to the competition is equally challenging.They did not sit idle waiting for the competition to soften as in earlier times. They realized that this time the competition is totally different this time, fierce and cut throat. The Globalization and global competition is here to stay. (Albrow,1997).

The companies and entities reviewed various aspects of their businesses and came up with new strategies in various areas which were unheard of before. There were structural adjustments, product quality improvement strategies, supply chain improvement strategies, backward integrations, forward integrations, collaborations, mergers and acquisitions. Marketing strategies became innovative and ad-campaigns became mind-boggling for sheer variety. There were diversifications and expansions. Product specializations became obsolete and diversification became the new keyword. (Robinson, 1996).

Whatever be the response of the companies to the new challenges of modern competition, there is one thing that needs utmost attention to be paid. There may be strategies to implement, there may be methods of implementation of the same, but implementers are the most important of the overall strategy. The company may be like an overhauled machine with new strategies, but unless there is a skilled and committed driver, there is no use of the machine. In a similar way, the company needs competent and committed drivers to drive the company in the desired path. (Robinson,1996).

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Rousseau’s views on freedom

Rousseau’s views on freedom       

                                       

According to Rousseau, people combine together to form a social contract under which everyone foregoes, same amount of freedom and has same responsibilities. Foregoing some freedom for protection of the society is not subjugation to slavery. Rousseau avers that administration should be divided into two parts consisting of sovereign who represents the whole of the general will and the government, which represents the authority to deal with particular matters like Law. While the sovereign has the legislative authority, the government will be the executive.

Rousseau says that the strength of the government is derived from the people and is absolute. The monarchy has the greatest power while the democracy has the least power. Since bifurcation of administration into sovereignity and government is advocated, he says that the power of the government depends on the size of the bureaucracy. He therefore advocates aristocracy or monarchy type of administration to take care of this relationship between the bureaucracy and the government (Wraight, 2008).

But it must be understood that Rousseau used these words (Wraight, 2008), aristocracy, democracy and monarchy in connotations different from traditional one. By monarchy and aristocracy, he means forms of democratic governments like the presidential governments or cabinet ruled governments of the present day. By democracy, he meant direct democracy where people select the head of the government directly and not the representative form of government.

Rousseau prefers different types of governments for different types of states. He feels that small city states offer the best atmosphere for individual freedom to flourish. For states larger than city states, he advocates an elected aristocracy and for very large states a benevolent monarch, all of them however being subservient to Law(Wraight, 2008).

Comparison of thoughts of Hobbes and Rousseau
Hobbes was a staunch advocate of monarch in its native form in the sense that King can almost be considered divine (Hobbes, 1651). That is why he extols the merits of monarchy over aristocracy and democracy. Rousseau on the other hand has no propensity towards any type of system but advocated different types of administration for different sizes of the states. His upholding of the superiority of law over the head of any type of government clearly shows he is a true democrat (Wraight, 2008).

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Hobbes Views on Freedom

Hobbes discusses mainly the freedom of man vis-à-vis sovereignity. According to him, people collectively constitute a commonwealth to provide for defense of and peace to the people. The commonwealth vests the power of ensuring such defense or peace to a person or a group of persons, called as Sovereign (Hobbes, 1651). The sovereign has the power to do anything he deems fit to ensure defense of or order in the commonwealth. The sovereign is so powerful that all rights of an individual stand transferred to him except the right of self preservation.

Hobbes says that commonwealth can be formed by force as well as by agreement among the people. In the first case, the sovereign established the commonwealth by force. If the people do not oppose the acquisition and overpower the sovereign it means that they consented for it (Hobbes, 1651). In the second case, formation of commonwealth by agreement is an effort by man to get him out of the shackles of nature. Thus the element of consent is present in both types of commonwealth and forms the basis for the social contract. Both forms of sovereignity have the same function in protecting their subjects and ensuring peace and also same rights in relation to their subjects.

Hobbes lays down the rights of the sovereign (Hobbes, 1651). The subjects are bound to be loyal to him and can never be freed from that obligation. The sovereign lays down all legislative rules. The sovereign is entrusted with judicial powers in all controversies. The sovereign has the power to reward or punish his subjects. The sovereign may choose his own counselors. He has the power to make all civil and military appointments. The sovereign is the final authority on philosophical or scientific pronouncements and can censor such doctrines which he thinks are inimical to public peace. The sovereign is the ultimate authority on making war or peace with other commonwealths. The sovereign cannot be put to death but at the same time should not be unjust or injure any innocent subject. Overall, the sovereign is the foundation of all true knowledge and embodiment of power in ensuring civil peace.

 According to Hobbes (1651), there are three kinds of sovereignity—monarchy, aristocracy and democracy. All other types of sovereignities can be fitted with one of these three categories. Hobbes puts his bet on monarchy as the best of these sovereignities. He ascribes several reasons for his judgement. In monarchy, sovereign will be better advised by his counsels, but their selection lies in his hands and he can always take their advice in private .This is not possible in case of other sovereignities. The policies of a monarch will be more consistent because they emanate from one mind. Also the possibility of a civil war in monarchy is remote.

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Shays’s Rebellion

                                                  Shays’s Rebellion

Shays’s Rebellion was an armed revolt that took place in Western Massachusetts from August 29, 1786 to February 3, 1787. The rebellion was called so after the name of its leader Daniel Shays.

 Shays rebellion(Foner, 2006; Richards, 2002, Zinn, 1985)  had its origins in the deteriorating economic conditions in America in the post revolution period. The position in Massachusetts was much worse. The farmers were badly hit due to failure of crops. Even for the produce brought to markets, there were no fair prices. The farmers had to sell their lands at abnormally low prices to survive. They were deep in debts and had no resources to repay.

 The State met the Civil war expenses by borrowing money from wealthy people against Issue of notes. These notes came for payment in 1786. The State had no resources to repay .So they imposed additional taxes on the people, which affected the small farmers very sadly (Foner, 2006; Richards, 2002, Zinn, 1985). The other states responded to this type of situation by postponing debt and mortgage repayment. But the governments in Massachusetts initiated no such relief measures. When the farmers failed to repay the loans, the borrower filed cases in courts. The courts issued warrants for their arrests and many of them were jailed.
 The disgruntled farmers revolted. The farmers gathered arms and seized control of the court houses so that judgements from courts ordering imprisonment of farmer for failure to repay the debts or failure to repay government taxes can be stopped. The judicial process came to a stand still. The revolt was led by Daniel Shays, an ex-army man and so was called Shays’s rebellion (Foner, 2006; Richards, 2002, Zinn, 1985).
 The situation was aggravated by the action of Governor Bowdoin, who instead of helping the debt ridden farmers through debt relief measures, ordered that the State debts should be paid and defaulters of taxes should be punished with foreclosure of their farms and jail. The rebels even tried to attack Springfield armoury and take away weapons from there (Foner, 2006; Richards, 2002, Zinn, 1985).

The revolt of the farmers sent tremors through the governments. Several misrepresentations of the intentions of the rebels were made. Some people pictured the rebellion as the fight of the landless to snatch lands from the landowners and distribute them equally (Foner, 2006; Richards, 2002, Zinn, 1985). Some people misrepresented as an instigation by the erstwhile British settlers, who wanted to the newly born America to be unsettled. But nobody gave the right picture to the Government at the centre. Even George Washington could be misled on the real reasons for the rebellion.

The main argument of the given passage is that the National leaders were very much perturbed by the Shays’s rebellion. They looked at it as an effort to level the inequalities in the new nation. They were appalled by the inability of the State Government to deal with the situation. Their fears led to the idea of the need for strong Central Government and subsequent developments led to the writing of the United States Constitution(Foner, 2006; Richards, 2002, Zinn, 1985).

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Millennium Goals of United Nations

  (1)            Regarding the status of work towards achieving Millennium goals, UN secretary General cautioned that “the financial, food and climate crises have set back efforts towards the Millennium Development Goals (MDG s) and threaten future process”.
               I agree with this statement because the recent recession led to virtual chaos in financial markets which upset plans on all fronts. Food and climatic crises are no exception to this. While there is considerable progress made by countries like China and India, the African regions are lagging behind .Unless these goals are achieved on an even keel in all regions one cannot say that there is an equitable growth and the goals have reached.

(2) The UN’s work towards achieving sustainability is not progressing according to expectation. Climate change remains a major threat to sustainability. It is quite likely that several island countries, land locked countries and least developed countries would miss their targets. Criticizing this progress , the UN secretary General  Ban Ki-moon in his millennium development goals report was quite forthright in his comment that the improvements in the lives of the poor have been unacceptably slow and some hard-won gains are being twittered away by the climate ,food and economic crises.

(3) In my opinion, climate change and the issue of including women are the most pressing sustainability issues facing the world. It is quite clear that environment attracting a lot of focus and attention by United Nations organization as well as individual countries has long been neglected and has become the source of unpredictable climatic changes in the world. Goals usually are fixed taking into account the positive side of action while discounting the hurdles that one may face on his way to the goal. Goal –setting thus becomes one-sided and when we come across some hurdles, we will be thrown off our path and the time taken to reach our goal will be affected and goal-reaching takes a longer time than planned. Recent recession, natural disasters, global warming, conflicts in some areas between countries are some of the examples of such hurdles. One can verify from the Millennium Development Goal document and find that none of these are mentioned while setting the goals. The goal-setting thus is unrealistic and quite unlikely to be attained in time.

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Value Chain Management General Motors

According to Porter’s Generic value chain, the firm’s activities can be classified into two types (1.)Primary activities and (2.)Support activities (“ES&OR483  Strategy and Marketing Primer (version 3.0),2010).
Primary activities comprise of (a.)Inbound logistics dealing with raw materials supply,(b.)Operations, (c.)Outbound Logistics, (d.) Marketing & Sales, (e.) Service.
             These activities are to be supported by support activities comprising of (1.)Infrastructure of the firm,(2.)Human Resource Management,(3.)Technology Development and (4.)Procurement of Inputs.
              The company made many efforts to integrate their information technology. Not much is available about other links in the value chain, particularly primary activities(Laudon.K.C.& Laudon.J.P.,2010).
                It  may be noted that value chain management is mainly for entities which want to pursue a core competitive advantage.The value chain is useful for increasing the margin of profit.The value chain management aims at setting right  the chinks in the value chain links saving costs, thereby giving cost advantage to the firm(“ES&OR483  Strategy and Marketing Primer (version 3.0),2010)..
            But unfortunately GM’s problems are totally different.Its market share suffered a huge dent over the years.Its technology is outdated(Laudon.K.C.& Laudon.J.P.,2010).It has a huge non-contributive retired work force to whom they pay huge amounts and huge operational losses. The company has to take up rebuilding in almost all activities before on can speak of value chain management in relation to the company(Laudon.K.C.& Laudon.J.P.,2010).
          The fact is that General Motors with all the problems is perhaps nearing the end of its existence.It is almost impossible to resuscitate the company unless it is restructured with a massive government aid.

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Steps for Recovery from Virus Infection

The elements of a disaster recovery plan that are required for recovery from a virus infection are:

• There should be security awareness program to reduce the vulnerabilities in security through educating personnel and also through promotion of good security practices.this awareness of security should be an ongoing process,
• There should be effective heads up computing attitude which has backing up of data as its major function.
• Full system restores and drive imaging and good archiving are some methods of backing up data. There should be two sets of backups for critical data –one live set and another set at an offsite location which is secure like safety-deposit box. It should be made sure that backups are rotated on a regular basis to protect from theft, fire or site-specific disasters.
• The Wizard in Windows XP is to be considered if critical data is taken as back up.
• There should be commitment from the management to the disaster recovery planning.
• There be ranking of business processes and there should be classification of data as highly confidential, confidential, internal and public.
• Minimum resources which are required should be identified.
• The user plan as well as the data center plan should be prepared.
• The prepared plan should be tested.

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 Relation between Energy Intake, Dietary Intake and Energy Density

It is observed that consumption of diet having low energy density by adults reflects consumption of higher amount of food (on the basis of weight). But at the same time, the above category of adults has lesser energy intake as compared to people who consume diet with higher value of energy density . Energy density relating to a range of patterns of diets which include higher amounts of fats can be reduced with the addition of vegetables and fruit. Research reports give support to hypothesis that relation does exist between consumption of diet with obesity and energy density apart from providing evidence to the importance of vegetable and fruit consumption for the management of weight .

Using Energy Intake, Dietary Intake and Energy Density as predictor of obesity

For losing weight effectively, one needs to take either foods with lesser kilojoules than the person is currently consuming or the person needs to exercise well to burn the extra amount of kilojoules. The perfect combination for manageable fat and long-term fat loss is the balance for good nutrition along with active lifestyle. The importance of exercise to equation for calculating fat loss is not considered in most of the cases. Exercise helps in increasing the metabolic rate of the body in order to accelerate the energy amount that is burnt up during the exercise process. The resistance training specifically helps in increasing the RMR or the resting metabolic rate of a person. This is because of the increase in the ratio of lean muscle (mass) to that of fat mass.

The cardio is highly helpful in burning the fats stored in the body. This matches with program related to weights that can increase the metabolism or lean tissue. This combination is required for fat loss which can be long lasting. Fat burns more during sleep. Investigations from laboratory give an indication that food consumption having low values of energy density in kcal/g reduces the value of energy intake.

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