Logistics and Supply Chain Management

Introduction This paper is based on the topic of globalization of logistics and supply chain management. It explores the topic using Wales as a case study. The paper is divided into two parts namely part one and part two. Part one is an overview of the current rail system in Wales.Advertising We will write a custom essay sample on Logistics and Supply Chain Management specifically for you for only $16.05 $11/page Learn More Part two is a comparison of the proposed high-speed rail and an integrated transport system. At the end is a conclusion which provides a definite solution to the client. The main issue in the paper is that the Welsh government wants to improve its transport infrastructure for transporting people and freight. It is, however, not decided on whether to build the proposed high-speed rail or set up an integrated transport infrastructure. On the one hand, the high-speed rail is expected to reduce the time used to transport people and freigh t between various cities in the United Kingdom, which would attract new investors. It is also expected to enhance efficiency of the supply chains. On the other hand, focusing on the high-speed rail at the expense of the other modes of transport would be counterproductive because trains are not the only means of transportation in Wales. As the consultant, I have addressed these issues in my analysis of the situation and the implications of the various options which are available to the client (the Welsh government). In the review, I have used different theoretical frameworks such as gap analysis and the theory of absolute advantage to illustrate the arguments. I have argued that the proposed high-speed rail is not adequate to deal with the challenge of poor transport infrastructure in Wales and as a result, there is need for an integrated transport system which would link the entire transport infrastructure in Wales.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The reason is that an integrated transport system would have more benefits than the proposed high-speed rail. Discussion Part one Gap analysis is a situation in which organizations ask themselves the questions of ‘where are we’ and ‘where do we want to be.’ It is very useful for managers because it helps them to focus on the real issues which affect their organizations. It also enables the managers to come up with the proper means of realizing their desired outcomes (Franklin 2006). In an effort to fill the gaps in organizations, managers use differentiation and positioning (McLoughlin Aaker 2010). According to Thompson and Martins, differentiation has to do with enhancing the popularity of products or services among the customers. For an organization to claim that it has differentiated its products and services, it has to ensure that it provides extensive details about the uniquene ss of its products or services. Many organizations engage in differentiation of their products and services for various reasons. However, economic analysts have argued that the whole idea of differentiation is to increase the competitiveness of organizations. Differentiation has the potential of influencing consumer behavior by ensuring that consumers understand what is unique about different products or services (Thompson Martin 2010). According to Armstrong and Kotler positioning is a strategy which complements differentiation. It has to do with using various strategies like product distribution and production of unique products with low prices to build an identity of a particular Company in the minds of consumers (Armstrong Kotler 2009).Advertising We will write a custom essay sample on Logistics and Supply Chain Management specifically for you for only $16.05 $11/page Learn More In many cases, positioning is done after differentiation so as to sta bilize and retain the positions of the differentiated products or services. It also ensures that organizations retain their competitive advantage in any given market. The current rail system in Wales is outdated since it was established many years back when the population of Wales was relatively small. At the time when the rail system was established, globalization had not taken effect and as a result, the demand for transport services was very low (Kendall Cole 2006). However, with the advent of globalization, there has emerged the need for people to move frequently from one point to another in different parts of the globe. Due to globalization, the business environment has become more competitive than ever. According to Scholte, the drivers of globalization include advancement in information and communication technology, improvement of transport infrastructure, and liberalization of trade and immigration policies (Scholte 2005). Due to globalization, people from different countri es are able to work anywhere in the world, irrespective of their cultural orientation. Through globalization also, people are able to study, marry, and stay in any part of the world (Cole 2005). Globalization has also enabled different cultures to coexist peacefully without cultural prejudice. The interaction of people in different spheres of life has made them to appreciate their cultural differences, a situation which has greatly reduced instances of racism and ethnicity (Chrysanthopoulos 2010). Due to its outdated status, the current rail system lacks the capacity to handle huge volumes of freight. It is also not suitable for transporting people because it is too slow compared to other modes of transport such as road and air.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In some cases, the current rail system makes firms to miss business opportunities due to the inability of the rail system to deliver goods on time. It also makes the supply chains of many firms to be inefficient, which increases the cost of production (Lan Unhelkar 2006). This situation is threatening the stability of the economy of Wales because many firms have threatened to relocate their businesses in other countries or cities which have efficient and reliable rail transport. As a result, there is need to upgrade the current rail system so as to restore the confidence of investors and attract others. That is why the high-speed rail has been proposed. Once in place, the high-speed rail would not only attract new investors to Wales, but it would also enable the existing firms to expand their businesses due to increased efficiency. It is essential to mention that the objective of multinational firms is to get access to cheap factors of production, such as raw materials, capital, la nd, and labor. The reason is that the cost of these factors of production varies from one country to another (Johnson, Scholes Whittington 2010). Consequently, the high-speed rail would enable the firms in Wales to get access to these factors of production. The interest of the Welsh government is to ensure that there are no barriers which restrict investors from getting opportunities to invest in Wales. However, the outdated rail system is a hindering factor to the growth of the economy of Wales. As a result, the high-speed rail would expand the economy of Wales and enhance growth. It would also have a multiplier effect in form of enhanced social and economic well-being of the citizens of Wales. For instance, many firms would be able to make huge profits due to reduced cost of transport. As a result, they would increase funding to Corporate Social Responsibility (CSR) programs. Different scholars have written about the concept of CSR. According to Carroll, CSR is generally used to explain the relationship between businesses and their environments. The reason is that almost all organizations operate in dynamic social, political, economic, and natural environments. CSR, therefore, looks into how businesses interact with these environments, either positively or negatively. Different scholars have come up with various components of CSR. However, the elements which are mentioned by many scholars include the ethical, regulatory, philanthropic, and legal components. When an organization establishes a business in any given society, the people in that society usually have different expectations from the business. While some expect to purchase goods and services at low prices, others expect to be employed by the organization. There also those who expect the organization to operate in manner which does not raise questions as far as quality of products and services are concerned. These concerns comprise the ethical component of CSR (Carroll, 1979). Due to the reduced cos t of transport, the firms in Wales would make huge profits. As a result, the tendency of the firms to engage in unethical behavior would be minimized. According to Aras and Crowther, the regulatory component has to do with abiding by all regulations which are established to protect shareholders, investors, and customers from unethical business practices. It also has to do with ensuring that organizations maximize their profits and minimize their operation costs with the aim of making more profits. Once organizations generate more profits, they are expected to increase the salary of employees because employees are essential stakeholders in the success of organizations (Aras Crowther 2010). The reduced cost of transport would enable the firms in Wales to generate more profits than before, which would enable them to take care of the interests of shareholders and customers. The legal component has to do with compliance to various laws and regulations which have been established in diff erent jurisdictions to govern all businesses and ensure that they operate legally. For example, there are laws and regulations which touch on protection of the environment, respect of employees’ rights, and production of quality products. The philanthropic component has to do with charity work. It is based on the argument that businesses must give back to the communities where they operate. There are many ways of giving back to the community. Some of them include initiating programs which directly benefit the community through provision of health and education services to the less fortunate in the community (Carroll 2008). The high-speed rail would enable the firms in Wales to generate more profits than before and as a result, they would be able to pay the various taxes to government authorities. Rail transport has been successful in many countries. In China, for example, there are modernized rails which are used by electric trains. These trains have made transport in China n ot only reliable but also cheaper than in other countries which do not have electric trains. Since the trains are powered using electricity, they move fast and are able to reach their destinations within a short time. Wales should, therefore, borrow the example of China and boost its economy and social well-being of its people through the high-speed rail. Part two Rail transport is a very reliable mode of transporting heavy goods. The reason is that the cost of transporting heavy goods using rail transport is usually less than the cost of transporting them using road transport. Transporting heavy goods using road transport also makes the roads to wear out too fast. When that happens, governments incur a lot of expenses in repairing the roads, which negatively affects the economy of countries. As a result, rail transport is not only cheap, but it is also durable because it does not require frequent repair like roads (Lysons Farrington 2012). In terms of conservation of the environme nt, rail transport is better than road transport because trains do not emit a lot of carbon dioxide like vehicles. Carbon dioxide is associated with greenhouse gases which lead to global warming. Rail transport is not affected by adverse weather conditions like road transport. For instance, when it rains heavily, vehicles may be unable to move due to flooding or poor visibility. Rail transport is also better than road transport when it comes to connecting with different countries. The reason is that there are more railway lines which connect countries than roads and as a result, firms are able to import goods in bulk from other countries and transport them using rail transport. Rail transport is also more secure for transporting containers carrying valuable goods than road transport. Even though the high-speed rail would have various benefits to various stakeholders, it might not provide long-term solutions to the problem of poor transport infrastructure in Wales. As mentioned earli er, rail transport is just a part of a wider transport network and as a result, the high-speed rail would need to be complemented by other modes of transportation such as air, sea, and road. An integrated transport system would have a higher economic value than the high-speed rail. It would also be more sustainable than the high-speed rail because it would provide various options for firms to transport their goods, labor, and raw materials. Using an integrated transport system lowers the cost of transport in a given sector or country. The reason is that in an integrated transport system, each mode of transport transports what it is capable of transporting. In other words, the transport infrastructure is not strained. Allowing each mode of transport to transport what it is capable of transporting enables firms to avoid the risks which are associated with transporting goods using the wrong mode of transport. For example, rail and sea are suitable for transporting heavy goods while roa d and air are suitable for transporting light goods and people. An integrated transport system also increases the competitiveness of a country. According to the theory of absolute advantage, competitiveness refers to the ability of a country to take a share of foreign markets. For countries to become competitive, they aim at exporting more than what they import. In fact, the theory of absolute advantage states that the objective of any country is to export almost everything and import nothing. However, it is almost impossible for any country to achieve this objective. Using an integrated transport system produces higher returns than using one type of transport such as rail. The reason is that an integrated transport system relies on public and private infrastructure. For example, a government of a country may authorize private companies to operate commuter services. It may also authorize them to operate cross-border transportation of commercial goods. At the same time, the governmen t may operate air and sea transport services. This combination enhances efficiency and maximizes productivity of different sectors of the economy. In addition, an integrated transport system has the benefit of enabling people of different social and economic status to get access to transport. For example, the elderly, the sick, and the disabled may be uncomfortable when they travel in a train. However, they may be comfortable when they travel in a vehicle because it enables them to reach their destinations within a short time. In any country, there are people of different economic status. Some are low-income earners, while others are high-income earners. The low-income earners may not be able to afford air transport, but they may be able to afford road transport. As a result, having an integrated transport system makes life comfortable for everybody because people use the type of transport which they are able to afford. Further to that, an integrated transport system is associated w ith minimal energy consumption. The reason is that each mode of transport uses a different type of energy. For example, some trains use electricity while vehicles use fuel. Relying on one type of transport may put pressure on a particular type of energy. For example, if a country relies on road transport alone, it means that the consumption of fuel in that country is higher than in a country which relies on several modes of transport. As a result, there is minimal pollution of the environment in a country with an integrated transport system (Mangan, Lalwani Butcher 2008). From the above discussion, it can be argued that the transport industry plays a vital role in enhancing the economic and social well-being of people in any country. It is therefore essential for governments to ensure that they have integrated transport systems which are reliable and sustainable. Sustainability addresses the issue of how resources are utilized. Economic analysts have argued that there is need for c ountries to utilize their resources in a sustainable manner so that the future generations would not face shortages of crucial resources. Utilisation of resources in a sustainable manner is the basis of sustainable development. The concept of sustainable development has gained popularity in recent years (Rugman Collinson 2006). In the transport industry, the reliance on high-speed rails is not sustainable as reliance on integrated transport systems. According to Elkington, sustainable development must emphasize on economic and social development as well as protection of the environment (Elkington 1994). As a result, it is unethical for corporations to be driven by utilitarianism. According to Sher, utilitarianism focuses on maximizing profits irrespective of the effects of the maximization. According to utilitarians such as Jeremy Bentham, any outcome which is desirable is also justifiable. It means that the means of arriving at a particular end are not as important as the end itse lf. An outcome is, therefore considered as good if it makes many people to be happy (Sher 2012). For example, if an organization is able to increase its profits by exploiting its employees by overworking them, then the act of exploitation is justifiable as long as the employees do not complain. If a legal action produces outcomes which do not make many people to be happy, then the action is not ethical. On the other hand, if an illegal action makes many people to be satisfied, then the action is not only ethical but also morally acceptable. Utilitarianism has the danger of destroying the values in a society. There is, therefore, the need of governments to enforce regulations which govern ethics in the society as well as in business. Utilitarianism makes many firms to use unethical means to generate profits. For example, some firms have been accused of giving false information to shareholders regarding the number of profits generated in a year with the aim of denying them their divid ends. Other firms have been accused of failing to pay taxes to the relevant government authorities. These practices are not only unethical, but they also compromise the ability of any country to realize sustainable development. Conclusion Based on the above discussion and analysis, I would advise the Welsh government to set up an integrated transport system comprising of road, rail, air, and sea transport. The reason is that for the proposed high-speed rail to be effective, it needs to be complemented by the other modes of transport. The integrated transport system would also be more sustainable than the high-speed rail. The Welsh government, therefore, needs to set aside resources for upgrading all the other modes of transport in Wales. For instance, it needs to expand the existing roads and build new ones. It also needs to expand the ports and the airports. The integrated system would not only boost the confidence of multinational corporations, but it would also attract other inve stors to invest in Wales. As a result, the economy of Wales would realize an exponential growth. The growth would have multiplier effects such as creation of employment opportunities, reduction of pressure on various energy resources, and increased competitiveness of Wales in international trade. Reference List Aras, G Crowther, D. 2010, A handbook of corporate governance and corporate social responsibility series, Gower Publishing Ltd, Farnham. Armstrong, G Kotler, P 2009, Marketing. An introduction, Pearson Education Company, Prentice Hall. Carroll, A.B 1979, ‘Three-dimensional conceptual model of corporate social performance’, Academy of Management Review, vol.4, pp.497-505. Carroll, A.B 2008, A history of corporate social responsibility, Oxford university press, Oxford. Cole, S 2005, Applied transport economics, Kogan Page, London. Chrysanthopoulos, M 2010, Cultural diversity and education, Lap Lambert Academic Publishing, New York, NY. Elkington, J 1994, ‘T owards the sustainable corporation: Win-win-win business strategies for sustainable development’, California Management Review, vol. 36, no. 2, pp. 90-100. Franklin, M 2006, Performance gap analysis: human performance improvement, ASTD Press, Alexandria, VA: Johnson, G, Scholes, K Whittington, R 2010, Exploring corporate strategy: text and cases, Prentice Hall, FT. Kendall, S Cole, S 2006, Wales and the Atlantic arc: developing ports, wales transport research centre, Kogan Page, London. Lan, Y Unhelkar, B 2006, Global integrated supply chain systems, Idea Group Publ, cop, Hershey, PA. Lysons, K Farrington, B 2012, Purchasing and supply chain management, Pearson Education Limited, Prentice Hall. Mangan, J, Lalwani, C Butcher, T 2008, Global logistics and supply chain management, Wiley, Malden, MA. McLoughlin, D Aaker, D 2010, Strategic market management: global perspectives, Wiley, Hoboken, N.J. Rugman, A.M Collinson, S 2006, International business, Prentice Hall, FT. S cholte, J.A 2005, Globalisation: A critical introduction, Palgrave Macmillan, Great Yarmouth. Sher, G 2012, Ethics: essential readings in moral theory, Routledge, New York, NY. Thompson, J Martin, F 2010, Strategic management: awareness and change, Cengage Learning, South Western. This essay on Logistics and Supply Chain Management was written and submitted by user Haley Pennington to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here. Logistics and Supply Chain Management

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The development and evolution of Gregorian chant

The development and evolution of Gregorian chant For centuries, Gregorian chant was considered the official music of the Catholic Church. Naturally, this degree of importance placed on the genre gives it considerable significance, both religious and cultural. Its exact beginnings, however, are not absolutely known. Also, chant has changed over time due to it being based on practices of the Church, which have also changed over time due to decrees by various popes, agendas of monastic orders, and the influences of and intermingling of cultures, such as the Franks, Romans, and Byzantines. Although the name of Gregorian chant is derived from Pope Gregory I â€Å"The Great†, it has its roots much earlier in history, predating Christianity. In fact, Christian chant is believed to have been originally derived from Judaism, as there was a considerable amount of common ground between Jewish and early Christian liturgies (Werner 20). This is seen through writings of the early church which show that the early Christian church was heavily influenced by Hebrew worship (Barton). However, there is little information available from chants of early centuries compared to Gregorian chant and other chants of later centuries (Hiley 478). One reason for this is that musical notation for chants of this time did not exist, for at this time chants were an entirely oral rather than written tradition. Also contributing to this lack of information is that early Christians were persecuted, forcing private worship until the Edict of Milan of 313, which gave Christians the right of freed om of worship in Rome (484). Due to this freedom, Christianity could afford to become more formalized and organized, its music included. There is further ambiguity surrounding the specific origins of Gregorian chant in considering Pope Gregory himself. What Gregorys influence was on Gregorian chant is debatable, as there is limited evidence supporting that he either had a great deal of influence on the genre, such as directly composing chants, or virtually none (513). However, two pieces of evidence support a common theory of his involvement in the creation of Gregorian chant that was known throughout the Middle Ages, which are two books written by Pope Gregory. These two books, entitled Antiphonarium and Graduale Romanum, are compilations of already existing chants that Pope Gregory designated for specific parts of Catholic mass which supports the theory that his involvement was limited to such compilations (D‘Silva). An example of Gregorys ordering to use specific music in liturgy is him mandating that the Allelulia be used during mass for an entire year (Apel 41). Despite the lack of specific information concerning the beginnings of chant that would later evolve to become Gregorian chant, the origins of Gregorian chant as it was known throughout the Middle Ages are more clear, as music books, although they still were not musically notated, of the genre were created by the Franks at around the 9th century, making the genre easier to trace through history to that point (Hiley 514). Note that it was not until the 10th century that sources were created containing musical notation, namely being musically annotated Graduals and Antiphonals from the Codex 359 (Apel 52). Also, it was not until the 11th century that music was annotated in a way so that tunes could be read (53). In addition to these musical books, various manuscripts were written that outlined liturgical proceedings, allowing for further clarification of the specifics of Gregorian chant (53). The peoples who ruled the area that is roughly present-day France played a large role in forming Gregorian chant to what it is, from the Franks to the Carolingians (Hiley 512). This started under the rule of the Frank king Pepin, who lead the Franks to control much of Europe through military conquest, spreading the culture of chant to the Franks, and also causing reforms to Gregorian chant by the Franks and their successors (513). In addition to causing chant to be more widespread, the intervention of the Franks also caused Gregorian chant to evolve from further influences (513). Not only did the influence of the Franks allow the beginnings of Gregorian chant to be seen more easily, as was described previously, but their musical texts also show the original motives behind its development, the main motive being to help control how the liturgy was run by assigning specific chants to certain parts of the liturgy, as was done by Pope Gregory (515). In the case of the Franks (namely Pepin and also Charlemagne), the reasoning behind trying to control the specifics of the liturgy was so that it would become standardized since many members of the church were influenced by their own local traditions in structuring the liturgy, which Frank leadership was trying to suppress (Barbon). Of course, due to the amount of time between Pope Gregorys writings and the adoption of chant by the Frankish church (300 years), it can be safely assumed that the liturgical assignments of the Franks were different than those of Pope Gregory. More changes were made as well in Gregorian chant, including the style of singing, such as the combining of both Roman and Frankish singers, although eventually a return to a more Roman styled liturgy and type of singing occurred among the Franks (Hiley 517). Since writing texts for the chants was still not common practice and musical notation for them did not yet exist, it follows that the Franks had to learn Roman liturgy and chants by memory when this shift back to strictly Roman liturgy occurred. This also denotes that the number of chants that were used and popular were not too numerous at this point in time, as they could still be all memorized. Despite the shift back to a Roman style liturgy, over the years and into the 9th century to the start of the rule of the Carolingians, who succeeded the Franks, Gregorian chant continued to evolve as new musical elements were added to the genre by the Franks and more compositions were created (Hiley 517). Some of these changes were brought on by outside influences on Gregorian chant, such as by the Byzantines, who developed the eight mode system (529). The fact that the amount of compositions of Gregorian chant were increasing can be tied in with the development of written musical texts around this time period, causing Gregorian chant to shift away from a strictly oral tradition, for it would no longer be possible to memorize all of the chants necessary as their numbers grew. As the popularity of Gregorian chant grew, it underwent several more reforms and evolutions, mostly during the 12th and 13th centuries (Hiley 608). An example of such a reform was more specific notation being used in writing chant, which included specifying pitch, among other specific musical elements (608). Another reform was the tendency to drift away from previous melodies of the Middle Ages, creating a type of chant called â€Å"Neo-Gallican† chant (609). Many of these changes made to Gregorian chant were initiated by various orders, two major ones being the Cistercians, who believed in performing the liturgy as it was done originally, and the Dominicans, whose reforms, like the efforts of many before it, were aimed at standardizing the liturgy (612). Gregorian chant did not enjoy constant growth and popularity, however. After the 12th century, the popularity and growth of Gregorian chant started to wane, presumably due to a period of reduced popularity of the Catholic Church (DSilva). Also, around the 16th century the Catholic Church was threatened by Protestantism, which also played a part in decreasing the popularity of the church, thus affecting the popularity of traditional monastic liturgies and music (Hiley 615). Another such period of decadence for the church and for Gregorian chant was during the age of Enlightenment, as less emphasis was placed on the church and God and instead more on the individual and reason. As a result of this new ideology, the power and influence of the church began to decline. In addition to the general ideology of the time, another reason for the decline of the Church was the political struggle caused by the French Revolution, which caused a reform in the French church so that it no longer observed previous monastic traditions (Bergeron xii). Due to Gregorian chants close association with the church, its popularity began to decline as well (Barton). This causes yet another obstacle in acquiring information about Gregorian chant and thus makes it more difficult to interpret today as the knowledge of how to interpret various medieval musical notations was lost (Barton). A large factor of why Gregorian chant did not die out completely is the involvement of monks at the French monastery at Solesmes, and other such monasteries, who during the 19th century were commissioned by Pope St. Pius X to modernize Gregorian chant (DSilva). They achieved this by removing the strict association that Gregorian chant had with the church, secularizing it and adding a meditative, â€Å"trancelike appeal† (DSilva). In the end, Gregorian chant was changed to be more akin to classical Roman chant than the Gregorian chant of the Middle Ages. As a result, the chant that is known today as Gregorian chant is more similar to early plainchant rather than what was originally dubbed as â€Å"Gregorian chant† (DSilva). As a result of this change of the style of Gregorian chant, along with the declining power of the Catholic Church and thus the popularity of Gregorian chant, it is difficult to know what Gregorian chant of the Middle Ages exactly sounded like (Barton). Another factor that contributes to this is the lack of musical notation with text in the Middle Ages, and that some of the notation that does exist from the time period cannot be interpreted due to these periods of decrease in popularity. Overall, the fact that chant was originally a purely oral tradition that consisted of few enough chants that could be memorized, along with Gregorian chants affiliation with a religion that was originally persecuted and later declining in popularity, contributes to the murkiness of the origins of Gregorian chant. Also, the fact that Christianity underwent significant changes from the time of its conception to modern times results in equally significant changes occurring in the style of music that was so closely affiliated with its prominent church, even causing Gregorian chant to nearly die out on several occasions in history. However, despite the several bouts of decrease in popularity that Gregorian chant experienced, it is currently one of the oldest forms of music that is actively listened to today (DSilva). Also, the many changes that Gregorian chant underwent throughout history makes it very unique, as it cannot be entirely attributed to any specific event, person, or even nation or empire. Instead, as David Hiley states, â€Å"†¦Gregorian chant is neither of one specific time, nor wholly Roman, nor wholly anything else† (Hiley 513).

Problem Areas in Legal Ethics Essay

Seeing as Wendy and Ben are both well provided for in Manuel’s will, and that their respective legitimes are protected under Articles 892, 894, and 897 of the New Civil Code, contesting the will simply to deprive Cora of Manuel’s bequeathal may be considered frivolous. For Louie to advise Wendy to sue based on unfairness may not be enough to justify the amount of time and energy that Wendy may expend in contesting Manuel’s will, a feat that may not prosper in the first place. Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a) Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (n) Art. 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. (n) In each of the instances in the articles reproduced above, Wendy will be well provided for in relation to Ben’s legitime, regardless of how he is recognized in relation to Manuel’s will. Louie may withdraw his legal services under Canon 22. 01(e) of the Rules of Professional Conduct. Canon 22 – A Lawyer Shall Withdraw His Services Only For Good Cause And Upon Notice Appropriate In The Circumstances. Rule 22. 01 – A lawyer may withdraw his services in any of the following case: (e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; Seeing as Wendy finds his standard fees unreasonable, and that she is not indigent (which would qualify her to demand equal treatment under Canon 14 and Rule 14. 4), that is, she is capable of paying his fees, there can be no reason for him to be stopped from removing himself from the case. Canon 14 – A Lawyer Shall Not Refuse His Services To The Needy. Rule 14. 04 – A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Similarly, there is nothing unfair or unreasonable regarding Louie’s fees as this is his standard service fee. There is absolutely no reason to be entangled in a situation enunciated in Canon 20. 04. Canon 20 – A Lawyer Shall Charge Only Fair And Reasonable Fees. Rule 20. 04 – A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Of course, Louie cannot invoke, as a reason for charging Wendy his fees, that the case would take too much of his time and skill as an attorney. Santiago vs. Fojas is specific in stating that a lawyer who accepts a case should â€Å"serve his clients with competence and diligence, and champion the latter’s cause with whole-hearted fidelity†¦Ã¢â‚¬  Manuel’s will meant for P500,000. 0 to be given to Cora. If Wendy litigates for its recovery with the promise to turn over the same to Louie, it defeats the purpose of said money as inheritance. Clearly the money was meant for someone else. Louie would appear to be fighting in court for his interests rather than that of Wendy’s alleged better right over Cora to the money. More importantly, such an agreement would constitute a champertous contract, which, as defined in Bautista vs. Gonzales: An agreement whereby an attorney agrees to pay expenses of proceedings to enforce the client’s rights is champertous [JBP Holding Corp. v. U. S. 166 F.  Supp. 324 (1958)]. Such agreements are against public policy especially where, as in this case, the attorney has agreed to carry on the action at his own expense in consideration of some bargain to have part of the thing in dispute [See Sampliner v. Motion Pictures Patents Co. , et al. , 255 F. 242 (1918)]. This would not constitute a contingency fee, which is defined in Taganas vs. NLRC: A contingent fee arrangement is an agreement laid down in an express contract between a lawyer and a client in which the lawyer’s professional fee, usually a fixed percentage of what may be recovered in the action is ade to depend upon the success of the litigation. This arrangement is valid in this jurisdiction. It is, however, under the supervision and scrutiny of the court to protect clients from unjust charges. Section 13 of the Canons of Professional Ethics states that â€Å"[a] contract for a contingent fee, where sanctioned by law, should be reasonable under all the circumstances of the case including the risk and uncertainty of the compensation, but should always be subject to the supervision of a court, as to its reasonableness†. Likewise, Rule 138, Section 24 of the Rules of Court provides: Sec. 4. Compensation of attorneys; agreement as to fees. — An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject-matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. When it comes, therefore, to the validity of contingent fees, in large measure it depends on the reasonableness of the stipulated fees under the circumstances of each case. The reduction of unreasonable attorney’s fees is within the regulatory powers of the courts. A contingent fee is dependent upon a fixed rate agreed upon by both lawyer and client, dependent on the outcome of the case, albeit with a lower rate if they lose than if they win.

Policies Procedures And Programs Essay

Activity 1: Accurately explain to the work team relevant provisions of WHS Acts, regulations and codes of practice. 1. The impact of a workplace injury is wide reaching. Explain. The impact of workplace injury is wide reaching because when hazards of physical and psychological type affect a worker, the impact is not only on the person, but also on the life, the family and of course on the future plans,as well as high compensation costs that the company will have to carry on with. The impact is not only economical or physical, after an accident or after being under stressful situations for instance, people can also be physiologically affected for a long time, reducing effectiveness and efficiency and reducing the life quality. 2. How is the integrity (validity) of information ensured? As an employee, if I want to validate the information provided by my employer in regards WHS or any other important or legal matter, it is recommendable to try to verify the information with the different governmental institutions. By doing this, they can state if the information is truth and accurately delivered as well as help to provide training. 3. List three sources of health and safety information that are relevant for your state/ territory. Living in Western Australia, if I need to consult or check some information about WHS, I would contact Work Safe WA, Fair Work Australia and Standards Australia. These 3 different sources will provide me with enough information to know if my employer is acting under the law and legislation and ways in which I can complain and ask for having a WHS environment. 4. Scenario: In every workplace there will be relevant provisions of WHS Acts, regulations and codes of practice that apply. You are a team supervisor and it is your role to ensure that work teams are aware of these. The teams you supervise comprise relatively new workers who did not receive adequate induction and need to be brought up to date. How will you do this? Every  time I have a new team member, I would give them an appropriate induction according to their duties or the department they are working for. The induction will have an information session followed by training in which they can understand the type of hazards they are exposed to and how to deal with it. It is also very important to ask the new members to go through the material given in the information session and encourage them to validate it through the different sources like Safe Work Australia for Instance. Activity 2 1. Why is it important that all workers have access to health and safety information? It is important that all workers have access to health and safety information, because that information could be not only saving one life, it could also help to safe the lives of an entire company and also avoid having legal problems. It is everyone’s responsibility to be aware of WHS because that can provide a safe work environment to everyone and improve it every day. 2. If a worker had made suggestions for improvement regarding the design, development and management of health and safety in a company in which they worked, how could they go about having them ratified and implemented by senior management? In a first stage the worker making the suggestions has to validate that what is asked is under the legislation and appropriate for the type of industry and the state/territory. Once the information has been checked with the corresponding sources, the worker can give the suggestions to the manager for him to implement new procedures and handle out the information to the other workers. It is very important that every company show that they care about their employees and more over that they appreciate the staff wanting to participate and help to have a better work environment. If the worker’s effort is not appreciated they will lose interest on helping. 3. Before submitting these strategies to senior management for approval, should the worker consult with the members of their team/ department to get their input? Why/ why not? It is important that before submitting the new strategies, the worker consults with the team or the people directly involved or beneficiated by the new strategy. They have to be consulted because they are the responsible of the operations in that specific department and at the end they and their efficiency and productivity are going to be the affected or beneficiated by the new  strategy. WHS it is something that has to be consulted and approved to bring a positive impact on a group of people and not only for a few of them. Activity 3: Regularly provide and clearly explain to the work team, information about identified hazards and the outcomes of risk assessment and control 1. Where might information about hazards and the outcomes of risk assessment and control result from? If in the company there is a WHS program or a person in charge of, the information about hazards and the outcomes of risk assessment and control results might come from it. 2. List five ways that a person conducting a business or undertaking (PCBU) can provide clear explanations to work teams about identified hazards and the outcomes of risk assessment and control. Workshops or safety meetings in which the information can be provided in a short and concise way. Giving opportunities to the workers to be in contact with people or experts about WHS. Encourage workers to talk and discuss WHS matters as a team, because it is everybody’s responsibility. On the induction day, provide workers with all the information about WHS and other company procedures. Show the workers that the company is a WHS and that they can be safe at any moment. SECTION 2: IMPLEMENT AND MONITOR PARTICIPATION ARRANGEMENTS FOR MANAGING WHS Information relating to these activities can be found in Section 2, Part 1 – Learning support materials. Activity 4: Communicate to workplace parties the importance of effective consultation mechanisms in managing health and safety risks in the workplace. 1. What types of changes in the workplace would benefit from consultation between PCBUs and workers (or their representatives)? The type of changes in the workplace would be: More ownership and support for initiatives. Motivated workers who improve and contribute to continuous improvement. Respect for, and value of, worker opinions and experience. Knowledge of the job conditions and its risks. Activity 5: Apply consultation procedures to facilitate participation of the work team in the management of work area hazards. Explain the role of the Health and Safety Representative (HSR) in each of these consultation  procedures: 1. Attendance at team meetings: to demonstrate commitment with employees and WHS procedures, the representative and other attendants must show interest by asking questions and giving ideas or solutions. 2. Early response to work suggestions, requests, reports and concerns put forward to management: recognition for this kind of actions must be done, because through rewards the employees will feel valued and will be encouraged to keep this kind of behavior and a continuous improvements and participation. 3. Requirements as specified in Commonwealth and state/ territory legislation, regulations and codes of practice: once employees are informed about WHS, they will be aware of what it is expected from them and what can they expect from the company they are working for. Activity 6: Promptly deal with issues raised through consultation, according to organisational consultation procedures and WHS legislative and regulatory requirements. 1. What strategies can PCBUs use to consult with workers on health and safety issues? A wide number of strategies can be used to consult workers on health and safety issues, however, the most common and effective one will be the HSC. Through the regular meetings, the workers and management will feel encouraged to work together developing, monitoring and recording WHS programs that will benefit everyone. 2. Health and safety issues raised through consultation should be dealt with promptly. Why is this? Upload your answer for assessment. Issues raised through consultation should be dealt with promptly because it is a way to keep away from serious problems in which the law has to act, avoiding as well to incur in legal expenses and causing the less possible damage. Activity 7: Promptly record and communicate to the work team, the outcomes of consultation over WHS issues. 1. Create a meeting agenda template suitable for a HSC. Upload your template for assessment.