Law on Sales Essay Example

Law on Sales Essay Article 1458 of the Civil Code de? nes â€Å"sale† as a contract whereby one of the contracting parties (Seller) obligates himself to transfer the ownership, and to deliver the possession, of a determinate thing; and the other party (Buyer) obligates himself to pay therefor a price certain in money or its equivalent. 1 The Roman Law concept embodied in the old Civil Code2 that treated delivery of tangible property as the sole purpose of sale has been modi? d under the present Article 1458, which applies the common law concept of requiring the obligation to transfer the ownership of the subject matter of the sale as a principal obligation of the seller. 1. Nature of Obligations Created in a Sale The de? nition of the contract of sale under Article 1458 provides that its perfection brings about the creation of two sets of obligations: (a) Two OBLIGATIONS of the SELLER to: (i) Transfer the Ownership,3 and 1 Alfredo v. Borras, 404 SCRA 145 (2003); Cruz v. Fernando, 477 SCRA 173 (2 005); Roberts v. Papio, 515 SCRA 346 (2007). 2 Art. 445 of the old Civil Code. 3 Flancia v. Court of Appeals, 457 SCRA 224, 231 (2005), de? nes â€Å"ownership† as â€Å"the independent and general power of a person over a thing for purposes recognized by law and within the limits established thereby — aside form the jus utendi and the jus abutendi inherent in the right to enjoy the thing, the right to dispose, or the jus disponendi, is the power of the owner to alienate, encumber, transform and even destroy the thing owned. † 1 2 LAW ON SALES (ii) Deliver the Possession, of the SUBJECT MATTER; (b) An OBLIGATION for the BUYER to: (i) Pay the PRICE . Both sets of obligations, are real obligations or obligations â€Å"to give,† as contrasted from personal obligations â€Å"to do† and â€Å"not to do,† and can be the proper subject of actions for speci? c performance. 5 In contrast, obligations to do or not to do, cannot be enforced through actions for speci? c performance because of the public policy against involuntary servitude;6 although the creditor can have the same executed by another at the cost of the obligor,7 and the obligor’s refusal to comply can be the basis for claims for damages. To illustrate, Article 1480 of the Civil Code, which crossrefers to Article 1165 thereof, provides that when what is to be delivered is a determinate thing, the buyer, in addition to the right to recover damages, may compel the seller to make the delivery. In other words, a defaulting party in a sale cannot insist on just paying damages when the non-defaulting party demands performance. 2. Subject Matter of Sal e Although Article 1458, in de? ning sale, uses the word â€Å"determinate† to describe the subject matter of the sale, the present Law on Sales has expanded the coverage to include generic objects which are at least â€Å"determinable. Article 1460 states that the â€Å"requisite that the thing be determinate is satis? ed if at the time the contract is entered into, the thing is capable of 4 Acap v. Court of Appeals, 251 SCRA 30 (1995); Velarde v. Court of Appeals, 361 SCRA 56 (2001). 5 Art. 1165 of the Civil Code: â€Å"When what is to be delivered is a determinate thing, the creditor . . . may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. 6 Sec. 18(2), Art. III, 1987 Constitution. 7 Art. 1167, Civil Code. 8 Art. 1170, Civil Code. NATURE OF SALE 3 being made determinate without the necessity of a new or further agreement between the parties,† which incl udes â€Å"determinable† albeit generic objects as valid subject matters of sale. Nonetheless, the use of the word â€Å"determinate† in the de? nition of sale under Article 1458 seems accurate since it pertains to the performance of the obligations of the seller to transfer ownership and to deliver possession. We will write a custom essay sample on Law on Sales specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Law on Sales specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Law on Sales specifically for you FOR ONLY $16.38 $13.9/page Hire Writer This would require that even if the subject matter of the sale was generic (determinable), the performance of the seller’s obligation would require necessarily its physical segregation or particular designation, making the subject matter determinate at the point of performance. The use of the word â€Å"determinate† to describe the subject matter emphasizes more speci? cally the fact that the obligation to deliver and transfer ownership can be performed only with the subject matter becoming speci? or determinate, and is not meant to exclude certain generic things from validly becoming the proper subject matter of sale, at the point of perfection. 3. Elements of Contract of Sale Coronel v. Court of Appeals,9 enumerates the essential elements of a valid contract of sale to consist of the following: (a) CONSENT, or meeting of the minds to transfer ownership in exchange for the price; (b) SUBJECT MATTER; and (c) PRICE, certain in money or its equivalent. 10 263 SCRA 15 (199 6). See also Jovan Land, Inc. v. Court of Appeals, 268 SCRA 160 (1997); Quijada v. Court of Appeals, 299 SCRA 695 (1998); Co v. Court of Appeals, 312 SCRA 528 (1999); Heirs of San Andres v. Rodriguez, 332 SCRA 769 (2000); Roble v. Arbasa, 362 SCRA 69 (2001); Penalosa v. Santos, 363 SCRA 545 (2001); Polytechnic University of the Philippines v. Court of Appeals, 368 SCRA 691 (2001); Katipunan v. Katipunan, 375 SCRA 199 (2002); Londres v. Court of Appeals, 394 SCRA 133 (2002); Manongsong v. Estimo, 404 SCRA 683 (2003); Jimenez, Jr. v. Jordana, 444 SCRA 250 (2004); San Lorenzo Dev. Corp. v. Court of Appeals, 449 SCRA 99 (2005); Yason v. Arciaga, 449 SCRA 458 (2005); Roberts v. Papio, 515 SCRA 346 (2007); Navarra v. Planters Dev. Bank, 527 SCRA 562 (2007); Republic v. Florendo, 549 SCRA 527 (2008). 10 9 4 LAW ON SALES When all three elements are present, there being a meeting of the minds, then a perfected contract of sale arises, and its validity is not affected by the fact that previously a ? ctitious deed of sale was executed by the parties,11 or by the fact of nonperformance of the obligations thereafter. Unfortunately, the Supreme Court has considered in a number of decisions that the resulting sale is â€Å"void† when some of the essential requisites are not present. 2 To the author, the more appropriate term to use when an essential element is not present at meeting of the mind is to declare a â€Å"no contract† situation. To illustrate, Dizon v. Court of Appeals,13 holds that all three elements of consent, subject matter and consideration must be present for a valid sale to exist; and that in a situation where any of the elements is no t present, â€Å"[t]there was no perfected contract of sale,†14 and that â€Å"the absence of any of these essential elements negates the existence of a perfected contract of sale,†15 rather than using the technical term â€Å"void. In Manila Container Corp. v. PNB,16 the Court held that absence of the concurrence of all the essential elements, the giving of earnest money cannot establish the existence of a perfected contract of sale. On the other hand, when all three elements are present, but there is defect or illegality constituting any of such elements, the resulting contract is either voidable when the defect constitutes a vitiation of consent, or void as mandated under Article 1409 of the Civil Code. Penalosa v. Santos, 363 SCRA 545 (2001). Mapalo v. Mapalo, 17 SCRA 114 (1966) and Rongavilla v. Court of Appeals, 294 SCRA 289 (1998), both consider the contract â€Å"void† even when they agreed that there was no meeting of the minds on the price stated in the underlying instrument of sale. Bagnas v. Court of Appeals, 176 SCRA 159 (1989), considers a simulated price or a nominal price to give rise to a â€Å"void† contract of sale. Cabotaje v. Pudunan, 436 SCRA 423 (2004), considers the lack of consent by the owner of the property to bring about a â€Å"void† sale. 13 302 SCRA 288 (1999). 14 Ibid, at p. 301. 15 Ibid, at p. 302. Reiterated in Firme v. Bukal Enterprises and Dev. Corp. , 414 SCRA 190 (2003). 16 511 SCRA 444 (2006). 2 11 NATURE OF SALE 5 4. Stages in the Life of Sale Strictly speaking, there are only two stages in the â€Å"life† of a contract of sale, i. e. , perfection and consummation, since it is only at perfection that sale as a contract begins to exist in the legal world. Until sale is perfected, it cannot serve as an independent source of obligation, nor as a binding juridical relation between the parties. 17 Nevertheless, the Supreme Court18 has considered the following to be the stages in the life of a sale: (a) POLICITACION, negotiation, or preparation stage; (b) PERFECTION, conception or â€Å"birth†; and (c) CONSUMMATION or â€Å"death. Policitacion or negotiation covers the period from the time the prospective contracting parties indicate their interests in the contract to the time the contract is perfected; perfection takes place upon the concurrence of the essential elements of the sale which are the meeting of the minds of the parties as to the object of the contract and upon the price; and consummation begins when the parties perform their respective undertaking under the contract of sale, culminating in the extinguishment thereof. 19 ESSENTIAL CHARACTERISTICS OF SALE Before dissecting sale as a contract, it would be useful to look at sale from a general point of view, by analyzing its essential characteristics. 17 Jovan Land, Inc. v. Court of Appeals, 268 SCRA 160, 164 (1997); Dizon v. Court of Appeals, 302 SCRA 288 (1999); Platinum Plans Phil. , Inc. v. Cucueco, 488 SCRA 156 (2006); Manila Metal Container Corp. v. PNB, 511 SCRA 444 (2006); Roberts v. Papio, 515 SCRA 346 (2007). 18 Ang Yu Asuncion v. Court of Appeals, 238 SCRA 602 (1994); Toyota Shaw, Inc. v. Court of Appeals, 244 SCRA 320 (1995); Limketkai Sons Milling, Inc. . Court of Appeals, 250 SCRA 523 (1995); Jovan Land, Inc. v. Court of Appeals, 268 SCRA 160 (1997); Province of Cebu v. Heirs of Ru? na Morales, 546 SCRA 315 (2008). 19 San Miguel Properties Philippines v. Huang, 336 SCRA 737, 743 (2000). 6 LAW ON SALES 1. Nominate and Principal Sale is a nominate contract since it has been given a particular name by law;20 more importantly, its nature and consequences are governed by a set of rules in the Civil Code, which euphemistically we refer to as the â€Å"Law on Sales. Sale is a principal contract, as contrasted from accessory or preparatory contracts, because it can stand on its own, and does not depend on another contract for its validity or existence; more importantly, that parties enter into sale to achieve within its essence the objectives of the transaction, and simply not in preparation for another contract. The â€Å"nominate and principal† characteristics of sale leads to the doctrine held by the Supreme Court that in determining the real character of the contract, the title given to it by the parties is not as signi? ant as its substance. 21 In one case,22 the Court held that in determining the nature of a contract, the courts look at the intent of the parties and not at the nomenclature used to describe it, and that pivotal to deciding such issue is the true aim and purpose of the contracting parties as shown by the terminology used in the c ovenant, as well as â€Å"by their conduct, words, actions and deeds prior to, during and immediately after executing the agreement. † In another case,23 the Court held that contracts are not de? ed by the parties thereto but by the principles of law; and that in determining the nature of a contract, the courts are not bound by the name or title given to it by the contracting parties. The other doctrinal signi? cance of the â€Å"nominate and principal† characteristics of sale is that all other contracts which have for their objective the transfer of ownership and delivery of possession of a determinate subject matter for a valuable consideration, are governed necessarily by the Law on Sales. 24 Art. 1458, Civil Code. Bowe v. Court of Appeals, 220 SCRA 158 (1993); Romero v. Court of Appeals, 250 SCRA 223 (1995); Santos v. Court of Appeals, 337 SCRA 67 (2000). 22 Lao v. Court of Appeals, 275 SCRA 237, 250 (1997). 23 Cavite Dev. Bank v. Lim, 324 SCRA 346 (2000). 24 In-depth discussions of this doctrinal signi? cance are found in Chapter 3. 21 20 NATURE OF SALE 7 2. Consensual Sale is consensual contract (as contrasted from solemn and real contracts), since it is perfected by mere consent, at the moment there is a meeting of the minds upon the thing which is the object of the contract and upon the price. 25 Buenaventura v. Court of Appeals,26 held that a sale over a subject matter is not a real contract, but a consensual contract, which becomes a valid and binding contract upon the meeting of the minds as to the price. Once there is a meeting of the minds as to the price, the sale is valid, despite the manner of its actual payment, or even when there has been breach thereof. If the real price is not stated in the contract, then the sale is valid but subject to reformation; if there is no meeting of the minds as to the price, because the price stipulated is simulated, then the contract is void. 7 Under Article 1475 of the Civil Code, from the moment of perfection of the sale, the parties may reciprocally demand performance, even when the parties have not af? xed their signatures to the written form of such sale,28 but subject to the provisions of the law governing the form of contracts. 29 Consequently, the actual delivery of the subject matter or payment of the price agreed upon are not necessary compo nents to establish the existence of a valid sale;30 and their non25 Art. 1475, Civil Code. Balatbat v. Court of Appeals, 261 SCRA 128 (1996); Coronel v. Court of Appeals, 263 SCRA 15 (1996); Xentrex Automotive, Inc. . Court of Appeals, 291 SCRA 66 (1998); Laforteza v. Machuca, 333 SCRA 643 (2000); Londres v. Court of Appeals, 394 SCRA 133 (2002); San Lorenzo Dev. Corp. v. Court of Appeals, 449 SCRA 99 (2005); Yason v. Arciaga, 449 SCRA 458 (2005); Ainza v. Padua, 462 SCRA 614 (2005); Cruz v. Fernando, 477 SCRA 173 (2005); Marnelgo v. Banco Filipino Savings and Mortgage Bank, 480 SCRA 399 (2006); MCC Industries Sales Corp. v. Ssanyong Corp. , 536 SCRA 408 (2007); Castillo v. Reyes, 539 SCRA 193 (2007); Roberts v. Papio, 515 SCRA 346 (2007). 26 416 SCRA 263 (2003). 27 Ibid, at p. 271, citing VILLANUEVA, PHILIPPINE LAW ON SALES, p. 4 (1998). 28 Gabelo v. Court of Appeals, 316 SCRA 386 (1999); Province of Cebu v. Heirs of Ru? na Morales, 546 SCRA 315 (2008). 29 Co v. Court of Appeals, 3 12 SCRA 528 (1999). Also City of Cebu v. Heirs of Candido Rubi, 306 SCRA 408 (1999); San Lorenzo Dev. Corp. v. Court of Appeals, 449 SCRA 99 (2005). 30 Alcantara-Daus v. de Leon, 404 SCRA 74 (2003); Buenaventura v. Court of Appeals, 416 SCRA 263 (2003). 8 LAW ON SALES performance do not also invalidate or render â€Å"void† a sale that has began to exist as a valid contract at perfection; non-performance, merely becomes the legal basis for the remedies of either speci? performance or rescission, with damages in either case. 31 The binding effect of a deed of sale on the parties is based on the principle that the obligations arising therefrom have the force of law between them. 32 In Fule v. Court of Appeals,33 the Court summarized the doctrines pertaining to sale being a consensual contract, thus: A contract of sale is perfected at the moment there is a meeting of the minds upon the thing which is the object of the contract and upon the price. 4 Being consensual, a contract o f sale has the force of law between the contracting parties and they are expected to abide in good faith by their respective contractual commitments. Article 1358 of the Civil Code which requires the embodiment of certain contracts in a public instrument, is only for convenience,35 and registration of the instrument only adversely affects third parties. 36 Formal requirements are, therefore, for the bene? t of third parties. Non-compliance therewith does not adversely affect the validity of the contract nor the contractual rights and obligations of the parties thereunder. 7 Since sale is a consensual contract, the party who alleges it must show its existence by competent proof, as well as of the 31 Gabelo v. Court of Appeals, 316 SCRA 386 (1999); Alcantara-Daus v. de Leon, 404 SCRA 74 (2003); Buenaventura v. Court of Appeals, 416 SCRA 263 (2003), citing this particular passage in VILLANUEVA, PHILIPPINE LAW ON SALES, p. 54 (1998). 32 Veterans Federation of the Philippines v. Court of Appeals, 345 SCRA 348 (2000). 33 286 SCRA 698 (1998). 34 Citing Art. 1475, Civil Code; Romero v. Court of Appeals, 250 SCRA 223 (1995). 35 Citing Aspi v. Court of Appeals, 236 SCRA 94 (1994). 36 Citing Olegario v. Court of Appeals, 238 SCRA 96 (1994). 37 286 SCRA 698, 712-713 (1998). Reiterated in Quijada v. Court of Appeals, 299 SCRA 695 (1998); Agasen v. Court of Appeals, 325 SCRA 504 (2000). NATURE OF SALE 9 essential elements thereof. 38 However, when all three elements of a sale are present, there being a meeting of the minds, then a perfected contract of sale arises, and its validity is not affected by the fact that previously a ? titious deed of sale was executed by the parties;39 and at that point the burden is on the other party to prove the contrary. 40 Despite the consensual character of a sale, under Article 1332 of the Civil Code, when one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the form er. 41 a. Modalities That Affect the Characteristic of Consensuality The consensual characteristic of sale can be affected by modalities that by stipulation may be added into the contractual relationship, such as a suspensive term or condition. Binan Steel Corp. v. Court of Appeals,42 reminds us that â€Å"even if consensual, not all contracts of sale become automatically and immediately effective. . . In sales with assumption of mortgage, the assumption of mortgage is a condition precedent to the seller’s consent and therefore, without approval of the mortgagee, the sale is not perfected. † On the other hand, National Housing Authority v. Grace Baptist Church,43 demonstrates clearly that even the delivery and taking possession of the subject matter by the buyer with the knowledge or consent of the seller, would not bring about the perfection and binding effect of the sale, when the meeting of the minds is incomplete, there being no agreement yet on the ? nal price. 38 Villanueva v. Court of Appeals, 267 SCRA 89 (1997); Roberts v. Papio, 515 SCRA 346 (2007). 39 Penalosa v. Santos, 363 SCRA 545 (2001). 40 Heirs of Ernesto Biona v. Court of Appeals, 362 SCRA 29 (2001). 41 Vda. de Ape v. Court of Appeals, 456 SCRA 193 (2005). 2 391 SCRA 90 (2002). 43 424 SCRA 147 (2004). 10 LAW ON SALES 3. Bilateral and Reciprocal Sale is a bilateral contract embodying reciprocal obligations, as distinguished from a unilateral contract, because it imposes obligations on both parties to the relationship,44 and whereby the obligation or promise of each party is the cause or consideration for the obligation or promise of the other. 45 Recipr ocal obligations are â€Å"those which arise from the same cause, and in which each party is a debtor and a creditor of the other, such that the obligation of one is dependent upon the obligation of the other. They are to be performed simultaneously such that the performance of one is conditioned upon the simultaneous ful? llment of the other. †46 The legal effects and consequences of sale being a bilateral contract composed of reciprocal obligations are as follows: (a) The power to rescind is implied, and such power need not be stipulated in the contract in order for the innocent party to invoke the remedy;47 (b) Neither party incurs delay if the other party does not comply, or is not ready to comply in a proper manner, with what is incumbent upon him;48 and (c) From the moment one of the parties ful? ls his obligation, the default by the other begins,49 without the need of prior demand. 50 Since both parties in a sale are bound by their respective obligations which are reciprocal in nature, then a party cannot Art. 1458, Civil Code; People v. Tan, 338 SCRA 330 (2000). Art. 1191, Civil Code; see also Vda. De Quirino v. Palarca, 29 SCRA 1 (1969). 46 Agro Conglomerates, Inc. v. Court of Appeals, 348 SCRA 450 (2000). See also Ong v. Court of Appeals, 310 SCRA 1 (1999); Mortel v. KASSCO, 348 SCRA 391 (2000); Carrascoso, Jr. v. Court of Appeals, 477 SCRA 666 (2005). See also Vda. De Quirino v. Palarca, 29 SCRA 1 (1969) as it pertains to an option contract. 47 Art. 1191, Civil Code. 48 Art. 1168, last paragraph, Civil Code; Almocera v. Ong, 546 SCRA 164 (2008). 49 Ibid. 50 Art. 1191, Civil Code. 45 44 NATURE OF SALE 11 simply choose not to proceed with the sale by offering also the other party not to be bound by his own obligation; that each party has the remedy of speci? c performance; and that rescission or resolution cannot be enforced by defaulting party upon the other party who is ready and willing to proceed with the ful? lment of his obligation. 51 Polytechnic University of the Philippines v. Court of Appeals,52 summed up the reciprocal and nominate nature of sale, thus: â€Å"It is therefore a general requisite for the existence of a valid and enforceable contract of sale that it be mutually obligatory, i. e. , there should be a concurrence of the promise of the vendor to sell a determinate thing and the promise of the vendee to receive and pay for the property so delivered and transferred. †53 Consequently, Carrascoso, Jr. . Court of Appeals,54 held that since a sale is constituted of reciprocal obligations, then â€Å"[t]he right of rescission of a party to an obligation under Article 1191 is predicated on a breach of faith by the other party who violates the reciprocity between them. † 4. Onerous Sale is an onerous contract, as distinguished from a gratuitous contract, because it imposes a valuable consideration as a prestation, which ideally is a price certain in money or its equivalent. 55 In Gaite v. Fonacier,56 the Court ruled that the stipulation in a contract of sale on the payment of the balance of the purchase price must be deemed to cover a suspensive period rather than a condition since â€Å"there can be no question that greater reciprocity obtains if the buyer’s obligation is deemed to be actually existing, with only its maturity (due date) postponed or deferred, than if such obligation were viewed as non-existing or not binding until 51 52 Almira v. Court of Appeals, 399 SCRA 351 (2003). 368 SCRA 691 (2001). 3 Ibid, at p. 705. 54 477 SCRA 666, 686 (2005). 55 Art. 1458, Civil Code. 56 2 SCRA 831 (1961). 12 LAW ON SALES the ore was sold. †57 The Court held that the rules of interpretation would incline the scales in favor of â€Å"the greater reciprocity of interests,† since sale is essentially an onerous contract. 5. Commutative Sale is a commutative contract, as distinguished from an aleatory contract, because a thing of value is exchanged for equal value, i. e. , ideally the value of the subject matter is equivalent to the price paid. Nevertheless, there is no requirement that the price be equal to the exact value of the subject matter; all that is required is for the seller to believe that what was received was of the commutative value of what he gave. 58 Again Gaite held that a sale is â€Å"normally commutative and onerous: not only does each one of the parties assume a correlative obligation (the seller to deliver and transfer ownership of the thing sold, and the buyer to pay the price), but each party anticipates performance by the other from the very start. 59 Gaite recognized that although in a sale â€Å"the obligation of one party can be lawfully subordinated to an uncertain event, so that the other understands that he assumes the risk of receiving nothing for what he gives (as in the case of a sale of hope or expectancy, emptio spei), it is not in the usual course of business to do so; hence, the contingent character of the obligation must clearly appear. 60 Gaite therefore acknowledged that obligation s in a sale can be subordinated to a suspensive condition with the party fully aware that â€Å"he assumes the risk of receiving nothing for what he gives,† although such stipulation may seem to be contrary to the commutative nature of a sale. This con? rms the view that although â€Å"commutativeness† is an essential characteristic of a sale, the test for compliance therewith is not objective but rather subjective; i. e. , so long as the party believes in all honesty that he is receiving good value for what he transferred, then it complies 57 58 Ibid, at p. 838. Buenaventura v. Court of Appeals, 416 SCRA 263 (2003). 59 2 SCRA 831, 837 (1961). 60 Ibid. NATURE OF SALE 13 with the commutative character of a sale, and would not be deemed a donation nor an aleatory contract. Take the example of a seller, selling his old car for only 5200,000. 00, when a more objective review of the prevailing market price for the particular model shows that its correct selling value would be 5500,000. 00. Under those circumstances, the contract perfected with the buyer would still be a sale, because by agreeing to receive a price of only 5200,000. 0, the seller believes honestly that he is receiving appropriate value for the car he is selling. Likewise, the consequences of negotiations and bargaining, such as being able to obtain a large discount, do not destroy the commutative nature of the sale, since in the end the test would be that the parties to the sale believe that they have each received the proper and appropriate value for what they eac h in turn gave up. However, the point of discussion pertaining to the subjective test of the commutative nature of sale cannot, and should not, be pushed to absurdity. Take a situation, where the same seller, knowing fully well that the going price for his car is 5200,000. 00, sells it for only 5100. 00 to the buyer. Even if the seller, is satis? ed in receiving only 5100. 00 for the car, the resulting contract, from a strictly legal standpoint, is not a sale, but more of a donation, and the law will presume that the underlying consideration must have been liberality. Therefore, the tax authorities may insist that the gift tax be paid on the transaction. This is all academic discussions, of course, since if no third party complains, the nature of the contract would never be at issue, and in all probability the contracting parties themselves would be bound by their characterization of the contract under the principle of estoppel. The subjective test of the commutative nature of sale is further bolstered by the principle that inadequacy of price does not affect ordinary sale. 61 Inadequacy of price may be a ground for setting aside an execution sale but is not a suf? cient ground for the cancellation of a voluntary contract of sale otherwise free 61 Arts. 355 and 1470, Civil Code; Ereneta v. Bezore, 54 SCRA 13 (1973). 14 LAW ON SALES from invalidating effects. 62 Inadequacy of price may show vice in consent, in which case the sale may be annulled, but such annulment is not for inadequacy of price, but rather for vitiation in consent. 63 Only recently Buenaventura v. Court of Appeals,64 held that: â€Å"Indeed, there is no requirement that the price be equal to the exact value of the subject matter of sale; all that sellers believed was that they received the commutative value of what they gave. All the respondents believed that they received the commutative value of what they gave. 65 6. Sale Is Title and Not Mode The perfection of a sale gives rise to the obligation on the part of the seller to transfer ownership and deliver possession of the subject matter; nevertheless, it would be delivery or tradition that is the mode to transfer ownership and possession to the buyer. Although in one case the Court de? ned a â€Å"sale† as a â€Å"contract transferring dominion and other real rights in the thing sold,†66 sale is merely title that creates the obligation on the part of the seller to transfer ownership and deliver possession, but on its own sale is not a mode that transfers ownership. 7 Thus, Alcantara-Daus v. de Leon,68 held that while a sale is perfected by mere consent, ownership of the thing sold is acquired only upon its delivery to the buyer. Upon the perfection of the sale, the seller assumes the obligation to transfer ownership and to deliver the thing sold, but the real right of ownership is transferred only â€Å"by tradition† or delivery thereof to the buyer. In Acap v. Court of Appeals,69 the Court held that an asserted right or claim to ownership, or a real right over a thing arising from Alarcon v. Kasilag, 40 O. G. Supp. 15, p. 203 (1940). Art. 1470, Civil Code. 4 416 SCRA 263 (2003). 65 Ibid, at p. 272. 66 Titong v. Court of Appeals, 287 SCRA 102 (1998). 67 Equatorial Realty Dev. , Inc. v. Mayfair Theater, Inc. , 370 SCRA 56 (2001); Alcantara-Daus v. de Leon, 404 SCRA 74 (2003). 68 404 SCRA 74 (2003). 69 251 SCRA 30, 38 (1995). 63 62 NATURE OF SALE 15 a juridical act, is not per se suf? cient to give rise to ownership over the thing; that right or title must be completed by ful? lling certain conditions imposed by law: â€Å"Hence, ownership and real rights are acquired only pursuant to a legal mode or process. While title (such as sale) is the juridical justi? ation, mode (like delivery) is the actual process of acquisition or transfer of ownership over a thing. † Acap held that the â€Å"Declaration of Heirship and Waiver of Rights† executed by the heirs waiving their inheritance rights in favor of a non-heir cannot be deemed a proper mode to affect title to the land involved because waiver of inheritance right can only be done in favor of another heir; whereas, it could not also be considered a sale contract because the document did not provide for the element of price, which is required for a valid sale under Article 1458 of the Civil Code. Manongsong v. Estimo,70 emphasized that once a sale has been duly perfected, its validity â€Å"cannot be challenged on the ground of the non-transfer of ownership of the property sold at that time of the perfection of the contract, since it is consummated upon delivery of the property to the vendee. It is through tradition or delivery that the buyer acquires ownership of the property sold. † Consequently, the proper remedy was not annulment, but rescission. Mode is the legal means by which dominion or ownership is created, transferred or destroyed (e. . , succession, donation, discovery, intellectual creation, etc. );71 title only constitutes the legal basis by which to affect dominion or ownership. Therefore, sale by itself does not transfer or affect ownership;72 the most that sale does is to create the obligation to transfer ownership; it is tradition or delivery, as a consequence of sale, that actually transfers ownership. 73 404 SCRA 683 (2003). Cited in San Lorenzo Dev. Corp. v. Court of Appeals, 449 SCRA 99, 113 (2005). 72 Quoted or used verbatim in San Lorenzo Dev. Corp. v. Court of Appeals, 449 SCRA 99, 113 (2005) without acknowledgment given to the author. 73 Equatorial Realty Dev. , Inc. v. Mayfair Theater, Inc. , 370 SCRA 56 (2001). The passage was quoted or used verbatim in San Lorenzo Dev. Corp. v. Court of Appeals, 449 SCRA 99, 114 (2005) without acknowledgment given to the author. 71 70 16 LAW ON SALES The Roman Law concept of sale encompassing only the obligation of the seller to deliver the property is actually consistent with the treatment of sale as merely a title, and by its perfection does not affect the ownership nor effect the transfer thereof to the buyer. Since it is tradition or delivery as the mode by which ownership over the subject matter is transferred to the buyer, the Roman Law concept of mandating delivery of possession of the subject matter as the essence of the sale contract would be logical. This is in stark contrast to the common law concept that the perfection of a sale over a determinate subject matter which is ready for delivery would legally transfer ownership to the buyer, even when there has been no actual or constructive delivery thereof by the seller. SALE DISTINGUISHED FROM OTHER SIMILAR CONTRACTS The other manner by which to â€Å"recognize† a sale is to know how to differentiate it from other contracts which may happen to have some characteristics similar to sale. The other contracts by which clear distinctions had to be made by the Supreme Court involved basically obligations to transfer ownership and deliver possession of a subject matter. In determining the nature or essential characteristic of a contract purported to be a sale, the Court has held that the title given to it by the parties is not as

Writer’s Guide for 5-Paragraph Essay on Outsourcing and Global Remote Employment

Writer’s Guide for 5-Paragraph Essay on Outsourcing and Global Remote Employment A 5-paragraph essay is a prose composition that follows a prescribed pattern which must be used while writing. This prescribed format is the one that dictates the writer to put his or her words into 5 exact paragraphs consisting of an introductory paragraph, three separate paragraphs for the essay’s body and the concluding paragraph. The 5-paragraph essay is predominantly used in schools to test students on their ability to articulate their understanding of a subject matter using written form. So here are some tips on how to write a 5-paragraph essay that will get you the marks you deserve. The Introductory Paragraph An excellent introductory paragraph is one that states your thesis and introduces the reader to what you plan to accomplish- make an argument, or explain a concept- throughout the entire length of your essay. Taking ‘the benefits of outsourcing and global remote employment’ as a sample subject, the introductory paragraph should clearly state that you believe outsourcing is helpful for global employment and you intention to prove this belief to the reader. The Body Paragraphs As stated earlier, the body must consist of 3 paragraphs dedicated to making your arguments or explaining your facts. But for a 5-paragraph essay, writing the body of your essay also follows a set template and this is the use of a ‘topic sentence’ to open each paragraph before proceeding to explain or discuss the opening sentence. An example of a good paragraph that can be included in the body when discussing outsourcing is: The GDP of countries in the developing world benefit from large scale outsourcing. This is a sentence topic and it can now be followed with more sentences discussing how countries such as India have benefitted a lot from outsourcing. Including Facts Is Important When writing a 5-paragraph essay, you must understand that the topic sentence is simply an introduction to your paragraphs while the other sentences in the paragraph should focus on making explaining that opening sentence with the use of facts. Empirical facts are the best type of data you must consider including in your accompanying sentence for they add some credibility to whatever point you intend to make. The Concluding Paragraph Like with any other concluding statements, it is important to summarize your thought process showcased throughout your essay’s body using different words and a 5-paragraph essay is no different. An excellent concluding paragraph should reawaken the important points you discussed in you essay in the mind of the reader. The paragraph should also be precise and written as a conclusive piece for the entire essay. A good conclusion for outsourcing and its benefits to global employment should summarize how it can raise the standard of living for freelancers and professionals in economies with few jobs. It should also touch briefly on deescalating the prejudice and stigma associated with outsourcing in the western world. These are the most important tips you must consider integrating into your 5-paragraph essay and taking them into consideration is guaranteed to get you top marks. You can also increase your chances of success by going through our article on 10 5-paragraph essay facts on outsourcing and global remote employment as well as choose topics from this article covering the 20 5-paragraph essay topics on outsourcing and global remote employment.

A Summary of The Ones Who Walk Away from Omelas, a Short Story by Ursula K. Le Guin

A Summary of The Ones Who Walk Away from Omelas, a Short Story by Ursula K. Le Guin Fiction â€Å"The Ones Who Walk Away From Omelas† is a fictional story that is classified as a short story by the author Ursula Le Guin. The story has a vivid description that has a lot of repetition in the narration of the way of life of the people of Omelas. The story is full of deliberate vague and vivid descriptions. The narrator explains the happiness in the city of Omela, but it becomes clear that the narrator does not know the details about the details. The fictional nature of the story comes out clearly when the narrator gives the readers the freedom of imagining the details as it suits them, it doesnt matter. As you like it† (Le, 1973). The Context of the Story In the introduction, the story gives the details of the Festival of Summer celebrated by the Omelas. The matching of the people and the singing shows the happiness that dominates among them. However, the narrator shifts from the celebration and narrates the misery of a child locked in a house secluded from the Omelas. From the story of the suffering child, the idea of scapegoat arises. According to Nugroho (2016), the scapegoat is the act of laying the blame on someone instead of others. The narrator makes the reader understand that the child suffering is in exchange for the happiness of the people of Omelas. If the child is to let out of the house and given the opportunity to enjoy life as the Omelas, then suffering is bound to befall the people of Omelas. Thus, the child is depicted as the life saver since its misery makes life possible. Ritchie (2016) postulated that allegories are stories that describe events and represents events in a metaphorical manner. In this context, the suffering child is used to represent the wealthy and the poor. The poor seem to work for the wealthy and the few happy ones. However, any conclusions about the significance and the causes of the child suffering are left by the narrator at the disposal of the reader. Apollonian Work Based on the context and the insight of the story, the story can be concluded that it is Apollonian. Leddy (2016) describes the Apollonian as works whose aspects of human nature are presented as rational, ordered and full of discipline. The happiness fills the people of Omelas, and the writer describes the child as somebody whose freedom has been limited. The people, especially the children of the Omelas, who goes to see the child pity him or her. However, the goodness of the Omelas cannot go to the extent of rescuing the child from suffering. The Value and The Message of the Story The value of this fictional story lies in the themes illustrated by the narrator. The theme of suffering as seen in the child locked up in house shows how some people suffer in the society at the expense of others. The happy ones in the society enjoy themselves while the low class in the society suffers working hard with little or no return. Moreover, on the positive side, there is love and sharing among the people of Omelas. The festival brings together the people of Omelas; they play, eat, and interact together during the festival. Recommendation to other Readers The narrator calls the readers to make their conclusions after reading the story. Moreover, the narrator seems to be unsure of the facts surrounding the lives of the Omelas. The readers can make their conclusions after reading it. Therefore, it is important for people to read the story, and make their conclusions about the Omelas.

The price elasticity of gasoline in the United States has been Essay

The price elasticity of gasoline in the United States has been estimated to be 0.15. if this is so, should profit maximizing gasoline stations raise their prices Explain why or why not - Essay Example Since gasoline is considered as normal goods the income elasticity will be positive. The estimated price elasticity will vary according to income, demography and the geography. The demand for gasoline is closely associated with the fuel economy of the vehicles. If the price of the gasoline rises the profit maximizing gasoline companies will not be able to raise the prices according to their wish as in such cases the consumers will shift to the more fuel efficient vehicles which will ultimately lead to a fall in demand conditions for gasoline1. The rebounding effect will have a role to play in this case. The organizations may witness a rise in demand in the short run but in the long run the demand will not be persistent and in fact the demand will fall further than expected. Gillingham, K. 2011. How Do Consumers Respond to Gasoline Price Shocks? Heterogeneity in Vehicle Choice and Driving Behavior. Available at: http://www.umass.edu/resec/seminars/docs/Gillingham_ConsumerResponseGasPrices.pdf. [Accessed: 18th October,

WORKING IN PARTNERSHIP REFLECTION Essay Example | Topics and Well Written Essays - 1750 words

WORKING IN PARTNERSHIP REFLECTION - Essay Example This complies with the NMC professional code of conduct (2008). The Royal College of Nursing (RCN 2007) argues that Inter-professional collaboration looks at teamwork, communication, professionalism and modern issues that influence practice at present. According to Kendall & Lissauer (2003) various health care professionals have a range of expertise and skills different from others and their experiences and insights into situations capture dissimilar care needs. It therefore enables the patient Like Jessica to receive the best care. Working in a multidisciplinary team can help different professionals to collaborate with each other in order to benefit the patient and deliver person-centred care. (DOH 2004). The government decided to implement a plan to reform the National Health Services in 1997. That included both inter-professional collaboration and patient-centred care (The plan aimed to offer mutual participation in a shared decision-making partnership (Antai-Otong 2006). This would offer a patient-led National Health Service that would work closely with the social services providing patients like Jessica with social support once discharged from hospital.   (Department of Health and Royal College of Nursing 2003). Whilst on placement I accompanied Ms. B from my team to undertake a CPA review at Royal Ground Mental Unite hospital. On our way, Ms. B took the lead by explaining Jessica’s mental health state. She informed how long she had been involved in her care. Also, she told me the type of intervention that she may need to be put in place while Jessica is either in hospital or discharged. As our discussion continued to prolong, Ms B alerted me about CPA processes and procedures and how the professionals involved with Jessica’s care were aiming for her improvement so that she could be discharged soon. The information shared with me was very interesting as Ms B was discussing the reasons behind her

Inner Beauty Essay Example for Free

Inner Beauty Essay Beauty is an important thing for women. For woman if they’re not looking beauty in public, it will make they’re not confident. The definition of beauty according to people from era to era and region is different. For example, in England ( Queen Elizabeth 1 era ), in this era a beautiful woman is the one who has pale skin. And the role model is Queen Elizabeth 1 herself. In her era, Queen Elizabeth 1 deputize the standard of woman’s beauty in England. Usually people likes pale skin because it means high class or status. In China ( Tang dynasty era until Qing dynasty ), woman is beautiful if they has small foot size. Chinese foot binding is the technique to make their foot become small. To get small foots, their foots will be bound and bended and also weared a pair of small shoes. More smaller the size of their foots, so it’s make them more beautiful. In Myanmar ( the tribe of Padaung ) , woman is beauty when they have a long neck. Since the age of 5 years, their necks fitted with a kind of bangle and the number of bangle will increase along their age. Amount of bangle which they wear will become a symbol of how rich that the woman’s family have. But the important thing is it can be used to attract a good husband. In Ethiopia ( the tribe of Surma ), according to tribe of Surma in hinterland of Ethiopia that beautiful woman is the one who have a wide lips. Before married, all the tribe women are wearing a kind of saucer from clay or wood called SIGARO at their lower lips. In Uganda ( tribe of Hima ), until now they still assumed that fat is beautiful. All women who will get married have to spend a few months before the big day to make a fuller body. The definition about beauty from careworldtv. om is a characteristic of a person that provides a perceptual experience of pleasure, meaning, or satisfaction. ( http://www. careworldtv. com/inner-and-outer-beauty ). According to Danna Mason (2011), beauty is defined as the qualities in a person or thing that gives pleasure to ones senses. In this modern era, the definition of beautiful women according to the perception some of men is woman who has slim body, tall, long hair, fair – skin. There are also women who agree with that perception. There are two kinds of beauty, inner beauty and outer beauty. As Holland said in her article, inner beauty is something possitive that all human have and it is hidden in body, can not be touch, can not be seen physically but from kindness, sensitivity, compassion, intelligence, creativity, genuineness, love and concern to others. Outer beauty is the beauty that is only seen from the physical appearance. Many people agree that inner beauty is more important than outer, but why inner is important than outer beauty? As said by Khusee Sharma in his article, inner beauty is important to know about our inner strength, and gain positivity in life. Our real strength lies in harnessing our deepest resources mentally to give our best. How is inner beauty is important than outer beauty? It is well said that â€Å"beauty lies in the eye of the beholder†. Inner beauty is that beauty which shows our inner character, our moral values ethics and cultural. Whereas outer beauty is that beauty which is pleasing to eyes. Inner beauty is to know the strengths and live with them, which results in confidence. Outer beauty is something one is born with, while inner beauty is a gift to one self. We may not be able to see inner beauty in a person but we can definetely feel it.

Writing Techniques in Poes The Raven Essay -- Poe Raven Essays

Writing Techniques in Poe's "The Raven"    Edgar Allan Poe uses several writing techniques to create a single concentrated effect of unending despair in his classic poem, "The Raven." The most noticeable technique is the use of repetition. Just as repeated exposure to cold raindrops can chill one to the bone, repeated exposure to words of hopelessness and gloom creates a chilling effect. Poe saturates the reader with desperate futility by repetitive use of the words "nothing more" and "nevermore." These two phrases, used in refrain to end seventeen of the poem's eighteen stanzas, drench the reader with melancholy. Poe also uses repetition to spark the reader's curiosity. He refers to the sound of rapping or tapping eight times in the first six stanzas. The unexplained repetitive sound helps the reader identify with the search for answers that the speaker is experiencing. Poe makes use of repetition to emphasize feeling with the words, "'Surely,' said I, 'surely that is something at my window lattice'" (33). Repeating the word "surely" adds a sense of desperation concerning the search.   Poe uses a gothic setting to create an atmosphere of gloom. The time is described as "a midnight dreary" (1) in "the bleak December" (7). The supernatural is referred to through the words "ghost" (8), "angels" (11, 81, 95), "Plutonian" (47), "soul" (19, 56, 93, 99,107), "ominous" (70), "unseen censer" (79), "prophet" (85, 91), "thing of evil" (85, 91), "devil" (85, 91), and "demon" (105). The time of night and the inhospitable weather outside allow no escape from the speaker's chamber which becomes a chamber of horror.   Contrast intensifies the sense of gloom. The windy, bleak, December night is contrasted to a room full of books, ric... ...anguage and a memorable singular effect. Poe's use of the first person perspective combines with vivid details of sight and sound to form a powerful connection between the speaker and the reader. Poe shows how the sounds of words can be used to suggest more than their actual meaning. The poem displays the impact of setting on a character and reveals the use of contrast as a tool to magnify descriptions. "The Raven" demonstrates how the effect of rhythm and repetition can be as hypnotic as the swinging of a pendulum and as chilling as a cold rain. "The Raven" is a poem better experienced than interpreted. Poe's words go down like an opiate elixir inducing a fascinating, hypnotic effect.   Works Cited Poe, Edgar Allan. "The Raven." The Norton Anthology of American Literature. Eds. Nina Baym, et. al. 4th ed. New York, London: W.W. Norton & Company, 1995: 648-51.  

DNA Science Technology Essay

Recombinant DNA Technology has been used to create different types of medicines for example human insulin. People with diabetes do not produce enough insulin for their own bodies, and in a lot of cases, they are allergic to non-human insulin. Due to the creation of Recombinant DNA Technology, scientists are able to produce such insulin in laboratories. The process for creating this insulin starts with isolating the gene from the human cells. Then after it has been isolated, it is then inserted into plasmids. From there the plasmids are introduced into bacterial cells. These cells manufacture the insulin protein based on the human code. The final, purified product is identical to human insulin and non-allergenic. In some cases though, yeast is used in recombinant DNA technology in creating human insulin instead of using bacteria. Since Yeast performs more complicated cellular processes that occur in human cells, it is more useful in producing human substances. This technology is also used in producing genetically modified foods. Genes can be produced from plants or other organisms in order to give them certain characteristics such as, giving produce a longer shelf life, increasing the flavor of the foods and even the nutritional content, and creating edible vaccines in order to prevent widespread diseases in other developing countries. The technology of making genetically modified foods and creating human insulin are very similar, with one additional step. After the bacteria multiply the selected gene, scientists introduce it into plant cells. This is done so that the plant will produce the gene product; no matter if it is an insecticide, vaccine, or other plant material. Until writing about this, I was unaware of the role that Recombinant DNA technology actually plays into our daily life and the effects it takes on our health and well-being, as well as the produce that we buy in the stores and eat on a daily basis. Now that I have done this I am more aware of how much Recombinant DNA technology helps us as far as making insulin for diabetics so that they can hopefully live longer lives, and making our foods not only healthier but even tastier. In conclusion, Recombinant DNA technology has made a huge difference in our society today, and I believe that we are much better off in many with it. This technology not only saves diabetics lives, but keeps our whole nation/world as a whole much healthier than we’ve ever been.

Political Risk International Business

POLITICAL RISK IN INTERNATIONAL BUSINESS The term business normally refers to the act of doing any transactions that ends up in earning or losing money. The act that is ending up in financial implications is called business. This business can be considered as a result of collective commercial transactions of all types involving government, private, corporate, individual or a group of individual, and so on.Anyone involve in the business usually undertakes such operations only for the purpose of making profit, and only in the case of government involved business, there will be some other reason than profit making which could be political, economical, etc. International business is recognized and / or defined as the business that is done across two or more country borders. International business involves selling, buying, making investment, transporting goods, logistical activities, etc between two or more countries.The companies that are doing business worldwide are called multinational companies (MNCs). These companies are normally formed and incorporated in one country and then create their operations in various countries, and will have access to all the markets wherever they do trading. These companies are having different strategies and different approaches for different country operations due to many factors such as culture, interest, etc of the people in those countries. To mentions some examples, McDonalds, Sony, Shell, General Motors, Toyota, etc.The very basic purpose of doing business is only to make money, predominantly, although there are businesses which are not mean for money or profit. Hence for the international business also, the basic purpose will be only profit making. However, there are some additional purposes for the international business, since the effort involved in the establishing the international business is more and complicated than just doing a domestic business. Some of the purposes of international business are discussed hereunder. New Opportunities: While the corporations are extending their operations to the international market, the opportunities for them to develop their business and increased sales / revenue are more. Since the international business brings new products and new services to the country, there will be a good opportunity for finding new customers, and making a good volume of sales among the customers. Also, based on the geographical conditions, climatic conditions, available resources, etc there will be more opportunities for the MNCs to develop their business in terms of infrastructure, product lines, etc.Low Cost: This is an advantageous purpose for the MNCs to have their operations in various countries. In countries like China, India, the human resources will be available in large number and hence the cost of labour becomes comparatively cheaper with the countries of origin of those MNCs. Hence the companies start their operations in those countries and reduce their cost of production les ser and lesser. Those products that are produced from there can be transferred to the other country’s operations of the same MNC. Hence over all the company’s cost of production is slashed to a very minimum amount.For example, many Sony opened their operations in China, and most of the Sony products available in any of the country come from the manufacturing units of Sony in China. This way Sony capitalizes the international business concept. Resources: Resources are one of the major assets for any organization. Business while going international, get opportunities to improve the standard of the resources, many times at a cheaper cost. While the business is international, the organization will have access to various types of resources from various countries.This is an added advantage to the company in developing their knowledge, and work force. Hence cross country knowledge is acquired by the organization, and hence the knowledge repository of the organization grows an d hence to get more benefit from the resources. Just like the way the international business provides lots of benefits, there are lots of risks associated with the international business, which are discussed hereunder. Strategic Risk: Many of the international companies try to implement many of heir business strategy across all their branches in all the countries; however, due to many changes that exist between the countries wherein the operations are undertaken, many times the strategies will not work. For example, a strategy designed for the summer seasons in one country may not work in another country, since there could be a different season at that time, and vice versa. Hence strategy management is a potential risk in international management. Operation Risk: International business operations are happening across the globe.The practical situation in one country and the situation in another country will never be the same. Mode of transport, maintenance of machinery, supply and de mand of products required for production, logistic and inventory issues, etc will be on a regular basis and will create problem for a smooth production processes. Major cause of this operational risk will be the capital market variances between the countries and assets that are involved in the operational activities. Technological Risk: International business is highly dependent on the technology especially in terms of communication and transaction.There is always a big risk in the security part of the electronic transactions and hence that creates a major risk for the international business. Cost of newer technologies, redundancy of the old technology and the locked cost in such investments, etc are the major risks due to technology. Environmental Risk: While the environment, such as air, pollution, water, etc of the country wherein the operation is happening is affecting the people and creating an environmental issue, which affects the reputation of the corporation functioning the re as well.The corporation also socially becomes responsible for such devastation of the environment. Economic Risk: This is anyway not in the hand of the business. If the country in which the business operation of the MNC is happening is not able to control the economic problems, which will eventually impact the MNC as well. Exchange rate, monitory policy, etc are the cause of such economic risks. Financial Risk: Currency rates and inflation rates are major cause of this type of risks. The financial situation of the country becomes instable, and that hits the organization badly.While the government does not have strict rules in areas such as transferring investment funds to other countries, the economic financial conditions become worse. However, the Political risks in the area of international business are large and are highly considerable more than other risks. Since international business is happening in different countries, the business is facing directions and regulations from various political governments. Any changes that are happening in the political situations will have an impact on the way the business is running the country.The leader of the country or the political person in the country will be responsible for such impact of risk; however, the organization will have a lesser say in such situations. The possibility of international business risks is always high. The very moment the business goes abroad, the government to which the business is subjected to will change. Hence irrespective of the amount of impact, there will be surely impact on the business from the political side. The government issues related to the overall country-wide policies, changes in the higher officials such as ministers, or other such positions will directly impact the business.The impacts of the risks are varied from soft to extreme. Terrorism, war, etc are extreme risks, while change of president or prime minister, or different political parties coming into power, etc is moderate risks. However, it is easy to understand and accept that any of this risk will surely be in existence in any given country and hence that will affect the business organization which is doing an international business in that country. The political risks can be classified into micro risks and macro risks.Micro political risks are very common to the country in which it is happening, and will affect the entire company’s existence in the company or something of that magnitude. For example if there is a political instable relationship between two countries, then there will be a risk of closing down the business of the organizations in one country who base location is the other country. On the other hand macro level political risks are something that is affecting all the international business in host country in which the political changes are happening.For example, if there is a political emergency in the county all the international business would come to cease. Such em ergency may also work against the foreign direct investment from all the countries, which is again nullifying the international business in the host country. For any risks that are faced in the business, multiple solutions are available. In the context of political risks related to international business, the general strategy the MNCs normally follow is to do a political risk analysis on the country in which the MNC is going to start its operation.If the international business is just about making a foreign investment, before the investment is made a good and detailed risk analysis or research is advisable. There are many independent consultants who do such risk analysis and researches on potential countries. Such reports can be purchased by these MNCs or they can form their own team in making such analysis. MNCs can also adopt some risky strategy which has to be calculative.At times, while investing in a country which is proven for political risk, the MNC can see a better and attra ctive return from the investment. Hence the strategy needs amendment based on the negotiation with the host government for further compensations and at the same time providing some reasonable benefits for the country resources, such as man power, and other structural facilities. Such MNCs are establishing their operations in those countries and help the country to develop their economy and increase the standard of living there.Another strategy normally tried by the MNCs are involving into the business in the risk prone countries and also make considerable investments in the political risk insurances. By doing so, the possible losses the MNC may face can be compensated by the insurance, if happen so. However, such investments in the international business are made only when the corporation foresees a good and attractive return from those host countries. Interestingly investment in political insurance may also amount to risks, since the insurance claim may not be obtained as it is pro mised to be.Based on the available option, the recommendation could be to do a good and through research on the political situation of the country wherein the MNC is going to commence its business. While the MNC is hoping to have a wide range of investments in many countries, it is advisable to have a separate department in the company which is looking after such risks, either doing their independent research or having assistance from the well know consultants in the market. Business earns profit in the form of money; however, it also exposed to many risks.There are risks related to the internal environmental factors, as well as external environmental factors. External factors are not in the control of the business organization, and hence handling becomes difficult. When the business goes abroad and become an international business, then the exposure to various external environmental factors increases, while the possible benefits also increases. Political risk is one of the major ri sks associated with international business, which is the main concern of the MNCs going abroad.MNCs are forced to face both micro and macro political risks. However, since the political risks are a well known factor, there are many research conducted across the world about most of the countries. Hence the MNCs are also having sufficient information to take a decision on the available options and plan their strategy towards opening up their business abroad. In many countries, international business works and give and take policy, where the MNC benefited financially while the hose country is benefited in terms of economy, life standards, and knowledge sharing.References * Alan M. Rugman, Simon Collinson. 2008. International Business. London: Prentice Hall * Oded Shenkar, Yadong Luo. 2008. International Business. Chicago: Sage Publicaitons * Daniels, J. , Radebaugh, L. , Sullivan, D. (2007). International Business: environment and operations, 11th edition. Prentice Hall. * Joshi, Rakes h Mohan, (2009) International Business, Oxford University Press * Travis, T. (2007). Doing Business Anywhere: The Essential Guide to Going Global. Hoboken: John Wiley&Sons.

Importance of Healthcare

Importance of Healthcare Free Online Research Papers Imagine a world full of rampaging disease, sickly children and dying elderly; a place full of fractured bones, cancerous cells, deadly viral epidemics, and broken dreams. This place was made possible by the absence of healthcare. Healthcare is more than just paying taxes to â€Å"Uncle Sam† to help those less fortunate; it is more than medicinal discounts and cheap medical attention. Its helps prevent and control disease, save lives, and boost morale. Healthcare is vital to the prevention and maintenance of diseases. Medical facilities are few and far between and expensive, Medicinal drugs cost an â€Å"arm and leg† to produce and obtain. Economically, around seventy percent of America’s population is in middle-low class and below. The average family cannot afford medical attention and medicine. When a family member becomes sick, without health insurance very little can and will be done with them. Because families cannot afford these basic necessities, many diseases and sickness that can be prevented and potentially cured will not be. In these types of situations healthcare can provide an â€Å"economic buffer† to needy families. The necessary medical attention can and will be obtained. Healthcare also provides a means to save lives. As stated previously; â€Å"the average family; which are those of middle and lower clesses; cannot afford medical attention and medicine without proper healthcare†. In extreme cases where a friend or family member contracts a serious illness; immediate attention is usually needed to prevent further complications. Families of sick and diseased loved ones cannot carry the financial burden placed on them to help support diseased loved ones. They inevitably watch as their loved ones become weaker, and weaker from sometimes curable and preventable disease and viruses. However, the addition of healthcare can make the difference in an otherwise bleak predicament. Lastly, Healthcare is a morale booster. Imagine an elderly loved one of a lower class family, stricken with a debilitating cancer; without proper treatment his/her chances of survival are slim to none. Moreover, the cost of treatment over time will add up to the hundreds of thousands of dollars. The average person would give up hope in light of such depressing circumstances. However, healthcare in the form of medicaid can lower the cost of treatment to a little over a thousand dollars. Although still a steep price to pay the average lower class family; the treatment will give someone another chance at life and offer relatives and loved ones a chance to connect a little more with that special someone. All in all, the world is full of disease, sickness, and death. However, healthcare in its many forms ensures that the statistical numbers stay at a minimum. Healthcare has its advantages, and perks in being able to prevent and control diseases, save lives and boost morale. Without it, America and the world around us would be a place full of sickness, rampage diseases, crushed and dying dreams. That is not the world we want now, is it? Research Papers on Importance of HealthcareThe Effects of Illegal ImmigrationTwilight of the UAWCapital PunishmentPersonal Experience with Teen PregnancyInfluences of Socio-Economic Status of Married MalesGenetic EngineeringStandardized TestingHip-Hop is Art19 Century Society: A Deeply Divided EraTrailblazing by Eric Anderson

Whole Foods Market Expansion Essay Example | Topics and Well Written Essays - 2500 words - 4

Whole Foods Market Expansion - Essay Example This research will begin with the statement that Whole Foods Market Inc. is a natural food chain store founded in 1980 in Austin, Texas. Four local businesspersons namely, Renee Lawson Hardy and John Mackey owners of Safer Way Natural Foods, and Mark Skiles and Craig Weller, who were owners of Clarksville Natural Grocery came together to start the chain store. They were brought together by the idea that a supermarket that specialized in natural foods was necessary if they were to exploit the market fully. As it turns out, the group’s idea was right as the store gained success immediately after its opening. This has seen the company grow leaps and bounds from a single store to a multi-shop franchise with shops all over the United States. The growth stemmed from the fact that the success from the start saw the company gain strength that enabled its partaking in a series of acquisitions and mergers that were carefully chosen. The growth was so immense that the company took its op erations internationally just after the turn if the new millennium with expansion into Canada in 2002 and the United Kingdom in 2004. However, the exploitation of mainland Europe is yet to occur with the company planning to do this in its next phase of expansion. It is common knowledge that the values held by Americans and Europeans differ greatly. Even the English is spoken in the two countries differs. As such, the approach used to explore the mainland Europe market needs to take into account the nuances arising from the social-cultural differences outlined below. The first nuance has to do with language. The American English is filled with idioms and expressions as well as structures that are not common in the European scene. Although English is the most widely used spoken language in the business world, it has a standard known as â€Å"international English†. This means that the market exploitation needs to adopt a language that will need rephrasing to avoid misunderstand ings. Then there is the issue that not all European nations understand English. As such, depending on the nation that the company is seeking to expand into, it is necessary to have interpreters for the smooth running of operations.

Defining Territories in different regions Essay

Defining Territories in different regions - Essay Example certain types of clothes whereas others do not, for instance in most Arabian nations it is a requirement that women adorn in veils in a move to symbolize their status and religion. Finally, there are modern gulf cities such as Qatar, Bahrain and Kuwait that evolved from colonial dependency into statehood (Commins, 2012). The essay will relay information on the four types of territories in addition to how they are marked and maintained. A continent such as Europe, the culture of a single city such as trade in addition to its population is most likely to become cosmopolitan and varied. Although hopelessly outweighed in matters regarding geopolitics, networked cities are normally in a better position of achieving and retaining astonishing power hence achieving independence in terms of nominal sovereignty (Hohenberg & Lees, 2002). This is similar in the case of gulf cities, for instance Bahrain. According to Kermeliotis (2010), just like any other nation in the gulf, Bahrain has its own territories. This is because the city has a global recognition for its tolerance and openness hence becoming the most liberal society in the region. Apart from having the lowest cost of living, it also boasts of being the first nation in the gulf to allow education for both boys and girls. The veiling territory is when a city comes up with measures on how its citizens ought to appear in public. Whereas some nations embrace veiling territories, others such as France and the US do not have it; instead, their dress code is normally termed secularism or westernization. Conversely, gender territories involve both male and female in which they ought to receive equal recognition. This is normally achievable through abolition of certain norms such as the urban planning that has gender dimensions whereby whereas men travel distance locations in search of employment while women are to stay at home and take care of the home and children (Stanford Encyclopedia of Philosophy, 2007). Due to the