Saturday, January 25, 2020

Globalization and Income Inequality in Latin America

Globalization and Income Inequality in Latin America Ivan Mendoza Globalization and Income Inequality in Latin America and The Caribbean Introduction Over the past two decades, â€Å"developing countries have gradually committed themselves to more engagement with the global economy by following the path of trade liberalization and openness toward international markets† (J.D.K. Chap. 10 p.416). As a result, â€Å"many developing countries have experienced increases in within- country income inequality. The growing income inequality has coincided with the period of increasing exposure of countries to globalization through an increased of trade flows and investment across international borders. These development have sparked a large debate in the academic and policy circles about the effects of globalization on income inequality within- countries† (J.D.K. Chap. 10 p.564). This paper will discuss whether globalization has contributed to within- country income inequality by focusing on one aspect of globalization, mainly the countries’ trade flows, specifically exports. Test- Hypothesis Considering that â€Å"the interest of developing countries might be more in line with those of the developed/ advanced countries, reflects the integration of emerging and developing countries to the global economy through a rapid pace of trade globalization to create opportunities that will create speed economic growth and development. This wave of trade liberalization has had a great impact on the income inequality within developing countries. Therefore, I argue that globalization should lead to an increase of the income inequality within emerging and developing countries, in other words, an increase in total trade (exports) is highly related to the increase of the income inequality within a developing country. Method and Data Collection In order to test the hypothesis that an increase in exports is highly related to the increase of the income inequality of developing countries, I will examine the economic growth and trade of emerging and developing countries, with emphasis on the region of Latin America and the Caribbean. Some of the countries in the region have experienced rapid economic growth and development, but â€Å"in the last years this growth has slowdown† (WEO p. 56), so examining their growth is a good way to study the effects of globalization and the within-country income inequality. Also, we might find other aspects of globalization that are associated with income inequality. In order to test the hypothesis, I collected data to show the economic performance of 32 developing countries in the Latin America and the Caribbean region covering the period of 1996-2013. This data has been collected from reliable sources such as World Economic Outlook (October 2014) released by the International Monetary Funds (IMF) and the World Development Indicators (WDI) report from World Bank (WB). This data contains the dependent variables and the expansionary variable along with other supplemental data. Moreover, to accomplish the objective of this paper; providing some evidences on the effects of globalization on income inequality within developing countries I will be using the following data table: (i) the Real Gross Domestic Product (GDP) table, which shows the annual percentage economic performance for the selected developing countries, (ii) the Trade table, which shows the sum of exports and imports percentage in terms of GDP percentage, this reflects the integration of the countries in the global economy. (iii) the Exports of good and services table, since exports is a component of trade and GDP, it shows the effects of trade on GDP because if exports is positive, then GDP increases, (iv) Gini Index, which is the standard measure for income inequality. Relationship between the variables Considering the effects of globalization on the income inequality within a country, we have trade as the variable for globalization and â€Å"the amount of income inequality within a country is generally measured by using the Gini Index. The Gini Index ranges from 0 to 100, where a value of 0 indicates that everyone has the same income (that is, perfect inequality) and a value of 100 indicates that all the income is earned by one individual (that is, maximum inequality)† (p. 564). However, since most of these countries economy depends on trade, as we can see on the Trade (% GDP) table (high percentage means they import more than what they export/produce) to simplify the relationship between globalization and income inequality, I will using the Export of goods and services, which is one of the components of trade. So, using the data of Exports (% GDP) as the expansionary variable and Gini index as the dependent, we can see for the selected countries that have experience decreas e in Exports shares, can be associated with a decrease of income inequality. For example, in countries such as Colombia, Dominican Republic, El Salvador, Paraguay and Peru after 2006 their exports have gone through a period of highs and lows along the same range and inequality has moved accordinly to the change in exports, but most of the time its been going down. Although inequality has gone in most of the selected countries, in cases such as Costa Rica and Panama, theres been period where Exports goes increase and the Gini index still goes down. This shows that the impact of Exports (trade) on income inequality is not significant as expected and that there might be other components of globalization affecting income inequality. Conclusion In conclusion, the evidences show that there is positive relationship between trade liberalization and the income distribution within developing countries in the Latin America and the Caribbean; As Exports (trade) increases/ decreases the level of income inequality, according to the Gini Index, increases/ decreases. However, we found that there is not a significant change on income inequality when Exports changes. Discussion Moreover, this finding provides an exploratory support to other hypotheses that other components of globalization might have a greater impact on within- country income inequality. â€Å"Other factors that drive income inequality are the importance of technology in virtually all sectors of the global economy, and the advances in information and communication technology (ICT) that helped make globalization possible.† (J.D.K. Chap. 14 p. 564). Source: World Economic Outlook (IFM p.189) https://www.imf.org/external/pubs/ft/weo/2014/02/pdf/text.pdf Trade (% of GDP) Country Average20062007200820092010201120122013 (1996- 2005) Antigua and Barbuda37.6 119.7117.4116.3 105.1106.0104.897.8 Argentina 25.2 36.2 36.2 36.7 30.6 32.5 33.9 29.9 29.3 Bahamas, The 102.3 100.1 100.7 100.0 87.5 90.2 101.0 107.7 Barbados 88.8 94.4 94.4 99.6 86.0 96.9 93.0 96.8 Belize 115.2 122.8 122.3 131.9 107.7 115.6 124.3 Bolivia 51.4 74.5 76.1 82.9 68.6 75.5 82.5 85.1 Brazil 22.4 25.8 25.2 27.1 22.1 22.8 24.5 26.6 27.6 Chile 61.0 71.9 75.8 81.0 66.8 69.8 72.9 68.4 65.5 Colombia 35.1 38.2 36.3 38.1 34.3 33.7 38.7 38.2 37.4 Costa Rica 92.6 104.4 102.2 100.6 84.0 79.1 79.2 78.7 73.9 Dominica 101.7 89.8 93.1 99.4 87.3 90.9 86.9 88.6 Dominican Rep. 77.5 68.0 66.7 64.7 52.5 57.2 60.4 59.1 57.6 Ecuador 49.5 59.7 62.6 68.1 52.1 62.1 66.0 64.0 63.6 El Salvador 65.8 71.8 74.2 76.6 61.9 68.8 74.6 69.7 72.2 Grenada 99.5 80.1 82.4 77.7 69.4 70.9 74.0 73.3 Guatemala 55.9 66.8 67.9 64.1 57.1 62.1 64.0 61.0 58.6 Guyana 203.2 Haiti 47.8 59.5 52.2 56.9 56.7 73.7 67.6 61.4 Honduras 114.3 133.1 135.1 135.7 96.9 109.4 122.2 120.6 117.5 Jamaica 90.0 100.8 101.3 113.6 86.9 80.9 83.9 83.4 Mexico 51.3 56.4 57.1 58.1 56.0 60.9 63.7 66.4 64.2 Nicaragua 60.4 76.8 82.6 87.8 77.9 85.5 95.8 101.0 92.9 Panama 144.5 146.2 145.4 149.0 138.7 139.7 158.3 154.8 137.7 Paraguay 93.6 107.8 103.5 103.5 96.3 106.6 102.7 99.9 92.7 Peru 36.6 51.1 53.9 56.6 46.4 50.0 55.2 51.7 48.4 St. Kitts and Nevis 103.2 88.4 83.6 86.6 72.9 77.2 74.6 80.3 St. Lucia 116.1 112.7 105.1 114.5 101.0 113.0 106.7 103.6 St. Vincent and the Grenadines 103.4 88.0 89.8 92.2 86.0 84.0 84.6 85.7 Suriname 66.3 Trinidad and Tobago 99.2 118.7 102.3 107.1 90.9 92.4 151.0 Uruguay 43.1 62.0 59.2 65.2 55.3 53.4 54.0 55.8 Venezuela, RB 49.9 58.7 56.2 51.8 38.5 46.1 49.6 50.4 Source: World Development Indicators. http://databank.worldbank.org/data/views/reports/tableview.aspx?t=tableviewsavedlg=1 Exports of good and services (% of GDP) Country Average20062007200820092010201120122013 (1996- 2005) Antigua and Barbuda 65.0 48.0 45.1 46.4 46.6 46.1 47.6 46.3 Argentina 14.0 20.4 19.8 19.9 17.4 17.5 17.8 15.8 14.5 Bahamas, The 43.2 44.7 46.7 46.0 39.9 40.9 43.6 44.8 Barbados 42.3 44.9 45.3 46.0 41.5 46.3 39.3 42.5 Belize 52.5 61.1 61.1 62.3 51.6 58.2 61.2 Bolivia23.2 41.8 41.8 44.9 35.7 41.2 44.1 47.3 Brazil 11.3 14.4 13.4 13.7 11.0 10.9 11.9 12.6 12.6 Chile 31.2 42.4 43.8 41.5 37.2 38.1 38.0 34.2 32.6 Colombia* 16.0 17.6 16.5 17.8 16.0 15.9 18.7 18.3 17.7 Costa Rica** 45.3 49.1 48.7 45.4 42.3 38.2 37.2 37.2 35.1 Dominica 44.9 37.8 35.8 35.9 32.4 35.7 33.8 38.8 Dominican Rep.* 36.2 30.0 28.8 25.5 22.2 23.0 25.0 25.1 26.0 Ecuador* 24.0 30.3 31.9 34.2 25.2 28.7 31.5 30.9 30.5 El Salvador* 25.6 25.7 25.9 26.9 23.2 25.9 28.0 25.6 26.4 Grenada 39.1 23.0 24.9 23.0 22.6 21.8 23.7 24.1 Guatemala 22.5 24.9 25.6 24.7 24.0 25.8 26.6 24.9 23.7 Guyana 94.9 Haiti 12.6 14.5 13.2 12.7 14.1 12.1 13.4 13.3 Honduras 51.0 56.1 53.5 51.3 39.5 45.8 51.3 50.4 47.9 Jamaica 37.5 40.1 39.7 41.9 34.5 31.3 30.4 30.4 Mexico 25.4 27.6 27.7 27.9 27.3 29.9 31.2 32.631.7 Nicaragua 20.0 27.0 29.0 31.3 30.9 35.9 40.1 43.0 40.5 Panama** 73.9 76.7 76.1 78.7 75.5 70.6 79.3 79.8 71.0 Paraguay* 51.6 58.7 56.7 54.0 51.5 55.1 52.6 51.3 49.7 Peru* 17.5 30.2 30.5 28.4 25.2 26.6 29.7 26.6 23.7 St. Kitts and Nevis 42.2 37.4 33.7 31.3 23.9 28.8 31.3 34.3 St. Lucia 53.7 43.2 39.9 45.3 46.1 50.2 43.2 44.7 St. Vincent and the Grenadines 43.8 34.7 31.0 30.2 28.5 26.9 27.5 27.6 Suriname 24.5 †¦ Trinidad and Tobago 54.3 81.4 65.2 71.4 52.3 58.9 88.1 Uruguay21.3 30.3 29.1 30.2 28.0 27.2 26.8 26.2 Venezuela, RB 30.2 36.5 31.1 30.8 18.1 28.5 29.9 26.2 Source: World Development Indicators. http://databank.worldbank.org/data/views/reports/tableview.aspx?t=tableviewsavedlg=1 Change in Income Inequality is the Selected Countries http://databank.worldbank.org/data/views/reports/chart.aspx# Works Cited Frieden, Jeffry, and Lake, David, and Kenneth Schultz. Chapter Ten-â€Å"Development: Causes of the Wealth and Poverty of Nations†, World Politics: Interests, Interactions, Institutions. 2nd Ed. New York: W. W. Norton, 2012. p. 386-418. Print . Chapter Fourteen-â€Å"The Future of International Politics†, World Politics: Interests, Interactions, Institutions. 2nd Ed. New York: W. W. Norton, 2012. p. 534- 577. Print IMF (International Monetary Fund). World Economic Outlook. Washington, DC. 2014. https://www.imf.org/external/pubs/ft/weo/2014/02/pdf/text.pdf IMF (International Monetary Fund). Chapter Four: Globalization and Inequality. World Economic Outlook. Washington, DC. 2007. http://www.imf.org/external/pubs/ft/weo/2007/02/pdf/c4.pdf World Bank (WB). World Development Indicators. Trade (% of GDP) http://databank.worldbank.org/data/views/reports/tableview.aspx?t=tableviewsavedlg=1 World Bank. World Development Indicators. Exports of goods and services (% of GDP) http://databank.worldbank.org/data/views/reports/tableview.aspx?t=tableviewsavedlg=1 World Bank. World Development Indicators. Gini Index. Created 12/12/2014 http://databank.worldbank.org/data/views/reports/chart.aspx#

Friday, January 17, 2020

Project Management Problems

In replying the below inquiries you are to supply a brief analysis of the place at jurisprudence, backed with commendations of the relevant legal commissariats, case-law and commentary. Address the points tersely in such a mode as to demo that you have understood the rules that come into drama and modulate the state of affairs being described.Undertaking Manager is approached by a client who would wish to contract Project Manager’s services as a undertaking director. Undertaking Manager would wish to restrict his exposure to amendss in position of the fact that he will necessitate to contract the services of assorted professionals to complete the occupation.How can he make that?As stated in the Civil Code 960, ‘A contract is an understanding or an agreement between two or more individuals by which an duty is created, regulated, or dissolved.’ This means that if the Project Manager is contracted by the Client, and in bend the Project Manager contracts 3rd parties, the Project Managerstraightwill reply, in favor of the Client for the amendss that are caused by those 3rd parties that the Project would hold engaged. The primary method of understating exposure to amendss is to choose for an Indemnity insurance. This means that in instance of harm, the insurance would counterbalance the Undertaking Manager ( or the client in inquiry, straight ) . Furthermore, the insurance company on payment of the damages, would be subrogated in the rights of its client/project director, thereby it can turn against the party who is found to be responsible for the amendss. Alternatively, On the other manus, the Project Manager has two possible contractual understandings, each with different legal and practical deductions:A Contract with the client and a sub-contract with the 3rd party professional ( ‘sub-contractors’ ) . With a position to minimise the hazards, the latter contract should reproduce the same hazards and precautions which would hold been included in the chief understanding, i.e. The understanding between the client and undertaking director.A contract with the client for supervising the undertaking, where the client has a distinguishable contract with the 3rd party professionals ( the sub-contractors ) .To restrict exposure to amendss, option 2 is safer, but may non be acceptable from the client’s point of position who himself would desire to restrict his exposure/risks. In this instance, each contract would be one where, ‘the individual set abouting the work shall confer merely his labor or accomplishment, or tha t he shall besides provide the materials.’ ( Civil Code 1663 ) . Furthermore, the Project Manager would in bend be dissolved from any incompetence by the other professionals because as stated in the Civil Code 1037, ‘where a individual for any work or service whatsoever employs another individual who is unqualified, or whom he has non sensible evidences to see competent, he shall be apt for any harm which such other individual may, through incompetency in the public presentation of such work or service, cause to others.’ In such instances, the client is considered to be a contractor, and hence is apt ‘for the Acts of the Apostless of the individuals employed by him.’ ( Civil Code 1642 ) In the latter instance, if a client files for amendss against the Project Manager, said Project Manager may raise the supplication that he is non the 1 to reply for the amendss of the 3rd party sub-contractors ( since he would non hold contracted them ) and may besides name to the suit the said 3rd parties or in bend file for amendss against the sub-contractors, as stated under Article 1038 of the Civil Code ‘Any individual who without the necessary accomplishment undertakes any work or serve shall be apt for any harm which, through his unskilfulness, he may do to others.’ In the former instance ( where the Project Manager contracts straight with the Client ) , if the client files for amendss against the Project Manager, the said Project Manager may non raise the supplication that he is non the 1 to reply for the amendss of the 3rd party sub-contractors ( since he would non hold contracted them ) . Furthermore, he may arguably NOT sell to the suit the said 3rd parties, but if found responsible ( for the Acts of the Apostless or skips of the said 3rd parties, which the client would hold to turn out anyhow ) so he MAY in bend file for amendss against the sub-contractors, as stated under Article 1038 of the Civil Code ‘Any individual who without the necessary accomplishment undertakes any work or serve shall be apt for any harm which, through his unskilfulness, he may do to others.’ In any given instance, noteworthy in the context being discussed, the rule contemplated under Article 1138 of the Civil which states that ‘Where the understanding provides that the party who fails to transport it out shall pay a certain amount by manner of amendss, it shall non be lawful to present to the other party a greater or lesser sum.’Does it do a difference if the client is a natural individual undertaking the occupation for his/her personal demands or if the client is abargainer [ SM1 ]? Why?In this instance, a differentiation between Natural [ SM2 ] and Legal individual [ SM3 ] has to be given. The natural individual is by and large a physical entity that is responsible in his ain name for any skip [ SM4 ] , unless he proves that he has contracted on behalf of others. On the other manus, a legal individual is one that is non-physical ( like for illustration a company ) . A natural individual and a legal individual have the ability to either contract in their na me or on behalf of others. Both parties enjoy the ability to come in into contracts. When a Undertaking Manager is undertaking with a legal individual, he is undertaking non with persons but with the company itself, which enjoys a separate legal personality from its members/shareholders.Undertaking Manager is an designer and, apart from moving as undertaking director, will be personally responsible for the construction/ change works. He would wish to restrict his exposure for defects as best he could.How can he make this contractually?First and first, one can non take it for granted that the Project Manager is the designer, intending that if the Project Manager did non straight take portion in the programs and building of the undertaking, he/she shall non be found apt on the footing of the fact that he besides happens to be an designer by profession. Furthermore, one has the right to even diminish contractually the 15 twelvemonth clip span in instance of defects. Such timespan is gi ven in the Civil Code ( 1638 ) , ’If a edifice or other considerable rock work erected under a edifice contract shall, in the class of 15 old ages from the twenty-four hours on which the building of the same was completed, perish, entirely or in portion, or be in apparent danger of falling to destroy, owing to a defect in the building, or even owing to some defect in the land, the designer and the contractor shall be responsible therefor.’Does it do a difference if the client is a natural individual moving in his/her personal capacity or a bargainer?As antecedently mentioned, a natural individual is by and large a physical entity that is responsible in his ain name, unless he proves that he has contracted on behalf of others. On the other manus, a legal individual ( bargainer ) [ Di5 ] is one that is non-physical ( like for illustration a company ) . There is a given that whoever contracts does so in his ain name, unless he proves that he has contracted in the name of another individual. The debitor has the duties to do it clear that he is undertaking in the name of a company. The foregoing considerations apply whether the client is a natural individual ( single or bargainer ) or a legal individual ( company ) .Undertaking Manager is engaged and in order for him to carry through his battle he issues petitions for citations to three providers of stuffs. He stipulates a cap. They all reply with a quotation mark within the cap.Has an understanding been formed?No, an understanding has non been formed. Invitations to offer occurred when the Project Manager asked for a quotation mark. If this is non accepted, no contract has been formed. Said offer is capable to acceptance until and unless that offer is accepted, there is no contract.If so, at what phase [ SM6 ]?[ Di7 ]A contract is ‘an understanding reached between two or more parties which is lawfully enforceable when executed in conformity with specific requirements.’ Note that contract s should be specific to the undertaking in inquiry, every bit good as reflecting the understanding between the parties in inquiry. Contracts are adhering understandings, which is why it is of great importance that all parties understand the footings entailed by said contract, including rights and duties. Every contract consists of the followers:Offer ;Credence ;‘Acceptance ‘ occurs when both parties arrive to an unqualified understanding of all the offered footings. However, a period of dialogue normally occurs. The purpose of the dialogues is to present new footings and conditions and counter offers to the original offer, so as to get to an understanding that satisfies all parties. Communication of credence The credence of the contract offer occurs merely when the credence is communicated to the offerer. This includes methods like:By telephoneWriteIf non, why? And what is required to organize the contract?No credence has been given by the Project Manager to any of the provided quotation marks. For a contract to be formed, an exchange of an offer from, in this instance the providers, and an credence from the Project Manager must happen. Note that both parties must hold the purpose to adhere themselves. Furthermore, both offer and credence must beecht Acts of the Apostless of will that manifest the relevant consent. It is deserving nil that a contract is valid despite being non written, i.e. Credence by word of oral cavity or electronic mail is besides a contract, unless the jurisprudence expressly requires that the understanding should be in composing. These necessities of offer and credence are non mentioned in the Civil Code ( unlike Italian Civil Code ) . They are specifically mentioned in the Commercial Code and Electronic Commerce Act. The civil codification ( under 966 ) merely spells what is required for the cogency of a contract: (a) Capacity of the parties to contract ; (B) The consent of the party who binds himself ; (degree Celsiuss) A certain thing which constitutes the subject-matter of the contract ; (vitamin D) A lawful consideration.The most favorable quotation mark, from A, comes with a clause saying that â€Å"An understanding must be made in authorship and all payments must be made in advance.† Project director writes to A accepting the quotation mark. Is this sufficient?Yes, in this instance, there is sufficient cogent evidence that a contract has been formed. An offer has been given by A, which was so accepted ‘in writing’ by the Project Manager, a phase of personal businesss which is so confirmed by the fact that works would later be undertaken, in pursuit of and in conformity with the same quotation mark.Undertaking director pays the monetary value and A provides the stuffs, but these are found non to be in line with the specifications requested. What is the consequence of this? What are Project Manager’s options at jurisprudence?When a marketer is selling building stuff, he is ‘bound to justify the thing sold against any latent defects w hich render it unfit for the usage for which it is intended, or which diminish its value to such an extent that the purchaser would non hold bought it or would hold tendered a smaller price..’ ( Civil Code Article 1424 ) When such required are non met, the undermentioned occurs:Client dissatisfactionDelaies in undertaking completionThe marketer is ‘answerable for latent defects, even though they were non known to him, unless he has stipulated that he shall non in any such instance be bound to any warranty.’ As a consequence of this, the Project Manager has two options at jurisprudence ;Actio RedhibitoriaTo return the stuff and have the monetary value repaid to him. Compensation for amendss may be besides implemented.Actio AestimatoriaTo retain the stuff and have a portion of the monetary value repaid to him which shall be determined by the tribunal.Civil Code Article 1434, ‘The purchaser, even though at that place be no understanding to that consequence, is bound to pay involvement on the monetary value up to the twenty-four hours of payment at the rate of five per centper annum, randomly in the undermentioned instances: (a) if the thing sold and delivered outputs fruits or other net incomes ; (B) if, even though the thing yields no fruits or other net incomes, he has been called upon by agencies of a judicial hint to pay the monetary value ; (degree Celsiuss) if the bringing of the thing, being movable, has non taken topographic point through the mistake of the purchaser, and the marketer has called upon him, by agencies of a judicial hint, to take bringing of the thing: Provided that in the instances mentioned in paragraphs (B) and (degree Celsiuss) , involvement shall run merely from the twenty-four hours of the service of the said judicial intimatation.Undertaking director has besides engaged the services of an lineman, B. The contract stated that B had to finish the plants within two months harmonizing to a agenda of plants agreed to. Following the first month it is clear that B has non completed 1/3 of the plants he was to finish within the period of one month. It is clear to project director that B will non finish the plants within two months and now it will be possible for Project Manager to maintain to the timelines imposed on him by client merely if he hires a larger administration to make the plants alternatively of B. But these alternate service suppliers will be more expensive.What are the Project Manager’s options?The Project Manager has the right to register for amendss due to non-performance against the Electrician but would hol d to wait that the term of the contract has expired, as follows:Termination of Contract due to non-performance, ’ Civil Code 1640.( 1 ) it shall be lawful for the employer to fade out the contract, even though the work has been commenced. ( 3 ) If the employer has valid ground for the disintegration, he is to pay the contractor merely such amount which shall non transcend the disbursals and work of the contractor, after taking into consideration the utility of such disbursals and work to the employer every bit good as any amendss which he may hold suffered.’In such instances, choosing for Termination of Contract could ensue in farther holds. One of the Project Manager’s chief functions is to understate amendss, and hence the option of expiration may non be feasible and commercially practical. Punishments would hold been set up contractually that the party in inquiry ( in this instance Electrician B ) , should pay a certain sum for every twenty-four hours of hold . Naturally the Undertaking director would be exposed to liability towards the client but at least he would hold safeguarded himself against the Electrician..Who will hold to bear the addition in costs if Project Manager engages these new service suppliers?The addition in costs are to be incurred by the Electrician B. This includes the followers: Article 1135 of the Civil Code, ’†¦damages due to the creditor are, by and large, in regard of the loss which he has sustained, and the net income of which he has been deprived. Article 1136 of the Civil Code, ’the debitor shall merely be apt for such amendss as were or could hold been foreseen at the clip of the agreement.’Will it do a difference if Project Manager is moving as chief or agent?When a Undertaking Manager is moving as chief, he has to reply for the actions holds. If he’s moving as an agent for a 3rd party, he would be replying in the name of the party, provided that it is clear that the undertaking director is moving in the name of that 3rd party.Undertaking Manager requires pigment. He is approached by a individual who states that he is the local agent of an internationally celebrated industry and the said â€Å"agent† offers a really advantageous monetary value. Undertaking Manager orders the pigment, this is supplied and Project Manager pays for it. But before the pigment is used Project Manager sees a Notice in the newspaper stating that the international maker has nil to make with the â€Å"agent† and th at the â€Å"agent† is a fraudster. Undertaking Manager does non desire to utilize the pigment as he will non be covered by the â€Å"international guarantee† that was purportedly provided by the international maker. What are his options at jurisprudence?In the instance of fraud, the Project Manager has the right to register for nothingness of the understanding in inquiry. As stated in Article 981 of the Civil Code, ’Fraud shall be a cause of nothingness of the understanding Fraud. When the ruses practised by one of the parties were such that without them the other party would non hold contracted.’ The debitor, which in this instance is the agent providing the pigment, is to pay ‘the compensation in regard of the loss sustained by the creditor, and of the net income of which he was deprived, shall merely include such amendss as are the immediate and direct effect of the non-performance.’ ( Civil Code Article 1137 ) . When the mandatary ( provider of pigment ) acts beyond the authorization given to him by the authorization, he may be found responsible for those actions in his ain name. Page1of12

Thursday, January 9, 2020

Techniques to Improve Recruiting and Interviewing...

Techniques to Improve Recruiting and Interviewing Practises by Managers Recruitment and selection have always been critical processes for organisations. In recent years, there has been growing evidence that the formation of positive psychological contract with employees provides the basis for a positive outcome in terms of organisational commitment and motivation. Recruitment and selection are vital stages in the formation of the expectations that form such a contract, on which, with an emphasis on a two way flow of communication, employees select an organisation and the work on offer as much as employers select employees. Thus employers need to see the attraction and retention of employees as part†¦show more content†¦Approaches to the recruitment and selection of employees forming the secondary internal market could be subject to less screening at the point of entry , attention being paid mainly to possession of the required skills. Such employees might be recruited and selected by cheaper methods but still perhaps, with a connection to or ganisational strategy via the specification of competencies. Giving the findings relating to studies of workers on fixed term contracts and the emphasis given by some workers to work-life balance, it would seem, however, that the crucial feature of a positive physiological contract is the use of progressive HR practices whatever the employment contract, and this will include attention to effective recruitment and selection practises. Once again, employers do not have a choice relating to the practises they adopt. Newell and Shackle ton (2000) refer to recruitment as the ‘process of attracting people who might make a contribution to the particular organization’. Within this statement, we can highlight two crucial issues. First, there is a need to attract people, this implying that people do have a choice about which organisations they wish to work for. Secondly, the contribution that people will make to an organisation is not totally predictable. Recruitment andShow MoreRelatedHuman Resource - Escape to the Wild1638 Words   |  7 Pagestreated fairly and creates rules that everyone is aware of. At Escape to the Wild there are no policies and procedures in place, there are inconsistencies in terms and conditions, inconsistencies in matters relating to recruitment and selection practises and staff are also overworked. Putting good employee relations in place will minimise/avoid all of these problems within the company. Recruitment and Selection Having a proficient recruitment and selection function within a company can help toRead MoreHRM 4280 Project Essay2684 Words   |  11 Pagesprocess and to develop their skills in simple interviewing techniques. Some areas covered are key features of a good interview, understanding verbal and non-verbal communication and assessing candidates through good questioning. This course will be suitable for service users who are interested becoming more involved in recruiting future employees. On completion this course, will enable service users to be more confident when working in partnership with managers and as well as gaining valuable skills thatRead MoreRecruitment and selection process of the fast food industry5355 Words   |  22 Pagescompany. The practise of HRM in recruitment and selection process will also be discussed in this dissertation. In this chapter the background and motivation of this study is discussed along with the aims and objective. Moreover the research questions and the structure of this dissertation are discussed in this chapter. 1.2. Background and motivation In the past two decades the manner in which organization recruit people for their business has changed into a different level. 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Wednesday, January 1, 2020

Irish Immigrants and the New York Draft Riots of 1863

The New York Draft Riots of 1863 In the summer of 1863 New York experienced one of the most violent protests in the American history. The riots were mainly in reaction to the Union draft for the Civil War, which Abraham Lincoln enacted when volunteers began to run out. The riots lasted for five days, and the mob consisted of almost 50,000 angry men who opposed to the Civil War, draft and Emancipation Proclamation. This paper will discuss how the Irish immigrants in New York affected the draft riots of 1863, and the reason behind their participation, exploring specifically the social, class and racial issues the Irish immigrants faced. The United States saw an influx of Irish immigrants due to the Great Famine (potatoes) in Ireland.†¦show more content†¦An article in the Journal of Negro History explains the opposition to the draft perfectly, â€Å"it seemed that the act bore especially heavily upon the poor†¦and it would force white workers to fight to free the slave s who would soon become rivals for employment.† This caused Irish to attack specifically the military forces, the wealthy, and the blacks in New York. The riots lasted for five days, beginning on July 13 until July 17 when Lincoln had to send extra police and regiments of soldiers from Pennsylvania to bring the mobs under control. McPherson describes, on the first day of the riot, â€Å"mobs of Irish workers roamed the streets, burned the draft office, sack and burned the homes of prominent Republicans and tried to unsuccessfully demolish the New York Tribune building.† As time went on the riots got worse, by the end of the first day they were attaching any black people on the street, anyone who tried to calm them and even white employers who hired black workers. As the mob moved through the city, intensifying their actions, they burned down the Colored Orphan Asylum. One account stated that, â€Å"the children numbering 233, were quietly seated in their school rooms†¦ when an infuriated mob, consisting of several thousand men, women and children armed with clubs, brick bats etc. advanced upon the Institution. The crowd took as much of the bedding,Show MoreRelatedThe Effects Of The Conscription Act And Emancipation Proclamation1184 Words   |  5 Pagesratification of the Conscription Act and the mobility of freed slaves due to the Emancipation Proclamation. The Irish-Americans and African-Americans were competing for jobs; resulting in the biggest civil protest during war times in American history. The New York City Draft Riots of 1863, as stated by Albon P. Man Jr’s journal article, â€Å"Labor Competition and the New York Draft Riots of 1863†, left 1,200 to 1,500 dead from white rioters, though the number of victims by the lynch mobs that were takenRead MoreThe Age Of The Civil War1592 Words   |  7 PagesAmerica. There were a series of riots tha t took place after the announcement of the draft law. The Draft Riots during the year of 1863 were to a great degree; tragic, bloody, destructive, and caused a galore of mayhem to the people and the cities. It remains one of the largest civil insurrections in American history. It revealed the deep racial, economic, and social divides that the United States of America faced during the Civil War era. The Draft Riots across New York and other surrounding areas connectedRead MoreCauses of the New York City Draft Riots of 18632026 Words   |  9 PagesThe New York City draft riots of 1863 were the cause of a particular feeling among blacks that were recently freed by the Emancipation Proclamation. Since, at the time, blacks were not considered citizens the lottery that was the draft itself did not include those that were not citizens. Btu since the blacks were free but not citizens then they were the spark of much hatred that was aroused by certain factors, particularly from the Irish a nd German immigrants. The press, fueled part of this hatredRead MoreThe Effects Of Racially Motivated Violence During The Civil War2534 Words   |  11 Pageswar, New York City was afflicted by riots that would become the city’s most devastating instance of racially motivated violence. Between July 13th and July 16th, 1863, ten days after 46,000 Americans were slain at Gettysburg, riots broke out over a new law passed by Congress. This law, the Enrollment Act, was established to bring new recruits into the Union Army that was being diminished by the increasing amount of high-casualty battles. What initially began as a protest against the draft and theRead MoreGangs of New York History vs. Hollywood1164 Words   |  5 PagesThe movie begins in New York, in 1843, with a gang fight. Bill the butcher Cuttings gang of nativists have challenged the dead rabbits (a gang of mostly Irish immigrants) to a fight to settle once and for all who is the most powerful gang in the area. After an intense battle the nativists win by killing the leader of the dead rabbits, also Amsterdams (the main characters) father. Amsterdam is then led into an orphanage where he grows to be a man, all while Bill Cutting runs the FiveRead More Gangs of New York History vs. Hollywood Essay1120 Words   |  5 Pages nbsp;nbsp;nbsp;nbsp;nbsp;The movie begins in New York, in 1843, with a gang fight. Bill â€Å"the butcher† Cutting’s gang of â€Å"nativists† have challenged the â€Å"dead rabbits† (a gang of mostly Irish immigrants) to a fight to settle once and for all who is the most powerful gang in the area. After an intense battle the â€Å"nativists† win by killing the leader of the â€Å"dead rabbits†, also Amsterdam’s (the main character’s) father. nbsp;nbsp;nbsp;nbsp;nbsp;Amsterdam is then led into an orphanage whereRead More Civil War Essay1024 Words   |  5 Pages The Universe of Battles Episode Five nbsp;nbsp;nbsp;nbsp;nbsp;1863 a series of battles were fought between the Confederate army and the Union Army. Battles such as: Gettysburg, Viscksburg, Battery Wagner, Chickamauga Creek, and Chattanooga. Along with these battles the Gettysburg Address was presented, the role of women was noticed, and riots in New York broke out. Many say that these battles were the turning point of the U.S. Civil War. General Robert E. Lee, from the south and George GRead MoreThe Trans Atlantic Slave Trade895 Words   |  4 Pagescharacteristics, not purposed anatomical racial differences. One of the main enlargements to the concept of whiteness came following the end of the American Civil War. With new lines being drawn concerning the freedom of black slaves, the make up of what it meant to be free and white was also enlarged. While previously many Irish and German immigrants had been viewed as not American enough, not white enough, in the wake of slavery’s end, the enlargement of what it meant to be American and white came to includeRead MoreGangs of New York by Herbert Asbury Essay3497 Words   |  14 PagesTHE GANGS OF NEW YORK, written by Herbert Asbury, was used as the basis for the movie GANGS of NEW YORK, a gangster film directed by Martin Scorsese and starring Daniel Day-Lewis and Leonardo DiCaprio. Filmed in Rome, Gangs covers a period of New York Citys history, from the 1840s through to the bloody Draft Riots of 1863, at a time when graft and corruption permeated every level of government including the police department. The movies main plot revolves around revenge and the feuding betweenRead MoreThe Democratic Party By Thomas Nast1973 Words   |  8 Pagespoverty-stricken Irish. In 1863, Draft Riots occurred in retaliation of Congress passing the Conscription Act that forced men between the ages of twenty to thirty-five to either enlist in the service or pay three hundred dollars. It was often regarded as the rich and poor man’s war and as Patterson and Marques beautifully point out in their article, ‘In the Midst of Strange and Terrible Times’: The New York City Draft Riots of 1863, what began as a protest against this law â€Å"quickly escalated into a riot that