Contract Law Advice Style Answer - Free Essay Example

Sample details Pages: 10 Words: 3139 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Level High school Tags: Contract Law Essay Did you like this example? Arron and Tracy have entered into three different types of contracts. Firstly, there is a contract for sale of goods between Tracy and HAL[1] for the purchase of the coffee machine. Secondly, there is a contract for service among Arron and Matthew for the decoration of the hallway. Don’t waste time! Our writers will create an original "Contract Law Advice Style Answer" essay for you Create order Then, there is a contract for sale of description between the Arron and the dog-seller for the purchase of dog. The contracts appeared to be consumer contracts, since they satisfied the requirements established under the Unfair Contract Terms Act[2]. Section 12[3] states that a person dealing under a consumer contract is when one party performed in the course of a business and not the other party. Moreover, the goods in consideration must be à ¢Ã¢â€š ¬Ã‹Å"of a type ordinarily supplied for private useà ¢Ã¢â€š ¬Ã¢â€ž ¢.[4] Section 2(1) of the Sale of Goods Act[5]states that for a consumer contract to exist there must be à ¢Ã¢â€š ¬Ã‹Å"a money considerationà ¢Ã¢â€š ¬Ã¢â€ž ¢. In application, it is clear that Arron and Tracy are consumers, which are not acting in the course of the business, but we cannot say the same for the other parties. In the cases of Stevenson[6] and R B Customs[7], the term à ¢Ã¢â€š ¬Ã‹Å"in the course of a businessà ¢Ã¢â€š ¬Ã¢â€ž ¢[8] is wisely explained, it i s clear that the other parties who contracted with them are included. THE LUXURY COFFEE MACHINE* The purchase of the luxury coffee falls under the implied terms of s. 14 SGA[9], which says that the goods supplied must be of à ¢Ã¢â€š ¬Ã…“satisfactory qualityà ¢Ã¢â€š ¬Ã‚ . Under S.14 (2A)[10], the test is that of à ¢Ã¢â€š ¬Ã‹Å"a reasonable personà ¢Ã¢â€š ¬Ã¢â€ž ¢ would regard as satisfactory. Thus, when the coffee machine was bought no one will expect it to burn hands and to be unsafe (considering the criteria in s.14 (2B)[11] of the act. Here, it includes safety as per s.14 (2B) (d)[12]. Indeed, the General Product Safety Regulations 2005[13] has included electrical equipment as having a requirement to be safe, by being properly insulted. However, this is not the case when the coffee machine becomes too hot which is clearly unsafe. It is clear though that s.14[14] is in breached since the product supplied burnt hands by becoming too hot. Consequently, Tracy can return or ask for a refund of the price ( £150) and damages. Nevertheless, in order to entitle to this, it must be established that Tracy has not à ¢Ã¢â€š ¬Ã…“acceptedà ¢Ã¢â€š ¬Ã‚  the product. Otherwise, if it has taken place the remedy is damages only which will be under s.11 (4).[15] Furthermore, s.35 (4)[16] says that acceptance occurred when a buyer retain the goods for a certain period of time without intimating to the seller that she rejected it. The question of time had an extensive discussion about how long and what actually is a reasonable time. It was first established under the case of Bernstein[17], under which there was a maximum of 3 weeks. However, it was later replaced by Clegg[18] the actual law which provides a period of 7 months. In application, Tracy is visibly within the time limit, as she rejected the offer when she returns the coffee machine back to HAL. Furthermore, since Tracy paid the coffee machine with her credit card, she may have additional ri ghts under the Consumer Credit Act 1974[19]. In fact, she enters into a consumer credit agreement which is defined under s.8 (1)[20] as an agreement between an individual and the creditor by which the creditor provides the debtor with credit of any amount. In application, this is the case when Tracy paid the product with her credit card define as à ¢Ã¢â€š ¬Ã‹Å"financial accommodationà ¢Ã¢â€š ¬Ã¢â€ž ¢ under s.9[21]. It was a regulated consumer credit agreement under s.8 (3)[22] as it was not an exempt agreement. It also constitutes a restricted use, according to the situation in the problem as per s.11 (b)[23] and a running account as per s.10 (1) (a)[24].Consequently, as the product is purchase with a credit card, there is a D-C-S agreement under s.12 (b)[25]; debtor: Tracy, creditor: Barclaycard and the supplier: HAL .In such a case, where there is a faulty product, which is the case Tracy has a à ¢Ã¢â€š ¬Ã‹Å"like claimà ¢Ã¢â€š ¬Ã¢â€ž ¢ against the credit card company under s.7 5[26]. HAL and the credit card company are à ¢Ã¢â€š ¬Ã‹Å"jointly and severally liableà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the aforementioned breach of S.14 SGA[27]. Therefore, Tracy has a claim against both HAL and Barclaycard. Indeed, if the claim against the shop is unsuccessful, then she is entitled to use s.75 as a shield. Furthermore, even if Vicky is not a party to the contract she might have a claim against HAL since the privity of contract was overcome by the narrow rule of Lord Atkin in the case of Donoghue v Stevenson.[28] Despite the fact, that she could claim under negligence it will be best to sue under Consumer Protection Act[29] since there is a strict liability. Vicky might claim a civil liability under Part I of CPA[30] which covered damage or personal injury caused by the faulty products, when her arm is burn. The coffee machine is defective as per s.3, since no one will generally expect the coffee machine to become too hot and unsafe. Therefore, she will be able to sue f or damages. Moreover, there may be a potential criminal liability under Part II of CPA which covered damage caused by unsafe product. Certain goods need to satisfy the safety requirement under s.11 (1)[31]. Therefore, a failure to meet the safety regulations is a breach under s.12[32], but unless the product supply is unsafe which here is visibly the case. Additionally, HAL will try to rely on the exclusion clause. In order to be effective, the clause needs to satisfy certain legal rules. When Tracy went to return the coffee machine, she was pointed a notice which states à ¢Ã¢â€š ¬Ã…“Sale items cannot be returnedà ¢Ã¢â€š ¬Ã‚ . Applying the case of Olley[33], which established that for a notice to be incorporated it need to be before or at the time of the contract. Since, Tracy could not remember having seen the notice before; it is very likely that there clause was not incorporated. Even if the clause was valid, it will not make a difference because s6 (1) UCTA states tha t liability in consumer contract for breach of s.14[34] cannot be excluded. MATTHEW, THE DECORATOR* The contract between Arron and Matthew is governed by the Supply of Goods and Services 1982[35] since the substance of the contract is based on services. The SGSA[36] consist of two parts; Part 1 consists of the quality of goods supplied under the contract for the services and Part 2 is about the supply of services Under Part 1, there is an implied term that goods supplied on the part of the act to be of satisfactory quality and fit for purpose under s.4. This section mirror the provisions contain within s.14 (2A) and (2B) of SGA[37]. It should be noted that there is no provision equivalent to s11 (4) and s.35. Therefore, generally when Arron buys the wallpaper guaranteed to last 10 years he will expect the product to be of satisfactory quality and to durable as per the other relevant circumstances under s.4 (2A)[38] which mirror the provision of s.14 (2B) (e)[39]. But this w as not the case when the wallpaper falls off the wall after six weeks. Unlike Part 1, which implied term concern the goods, Part 2 implies following terms concerning the supply of services. Contrarily, to Part 1 it is possible to exclude liability, under s.11 UCTA for breach under the service part of the contract. A contract for supply of services is defined under s12[40] as à ¢Ã¢â€š ¬Ã…“a contract under which a person (the supplier) agrees to carry out a service.à ¢Ã¢â€š ¬Ã‚  Under Part 2 there is an implied term under s.13[41] that the services provided by the supplier will be carried out within a reasonable care and skill. It should be noted that s.13 implies generally accepted to be innominate term as in Hong Kong Fir[42] by depriving the innocent party of the whole benefit of the contract. This is clearly the case here when à ¢Ã¢â€š ¬Ã‹Å"the wallpaper fall off.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Applying Nettleship v Weston[43], there is no defence even if the person claims to have to their incompetent best. Under, Bolam[44] if the skilled conforms within the standard required is of a reasonable competent member of the relevant trade, he will not be liable due to others different views. As established in Philips[45] , the services must be carried out with such a care as within the capacity of his degree of experience which he claimed to have .He must have a level of skill of such specialist which he holds to Arron as in Grieves.[46]Therefore, when Arron employed Matthew, he expected the work to be done with a reasonable care and skill and not be fall off within six weeks. Clearly s.4[47] and s.13[48] are in breached. Consequently, Arron will be able to ask for damages since rejection will be impossible. The claim for recovery of damages is for the poor service or poor quality of materials used in the contract term, it includes actual damages for the failure of wallpaper which has not be achieved it result by holding on the wall and consequential damages for the money which Arron will have to expense to repair the breach. In order to entitle to this, Arron must have taken reasonable steps to mitigate his loss suffered, which require acceptance of offer from the defendant to rectify the matter, like under the case of Payzu.[49]It is clear that mitigation of loss had occurred when Arron suggested to Matthew that he should properly do the work again. Hence, Arron will be able to recover for the damages since he gives the opportunity to Matthew to redo the work properly. Additionally, Matthew tried to rely on the exclusion clause, when Arron tells him that he should properly à ¢Ã¢â€š ¬Ã‹Å"redoà ¢Ã¢â€š ¬Ã¢â€ž ¢ the work. An exclusion clause is used by a party in order to restrict or limit liability in an event of a breach of contract or any other specified circumstances. But, for it to be effective three legal conditions need to be consider; the common law, the UCTA and the Unfair Terms in Consumer Contract Regulations 1999[50]. Und er the common law, the clause must be incorporated and constructed. According to the scenario, the clause was incorporated by an express agreement since there is not enough information to state that a contract was signed between the parties. Therefore, it is very likely that the clause was incorporated. As for the construction of the clause, it must be established that in interpretation of the contract the clause cover the breach which has occurred. In application, the clause is constructed in a plain language but it does not cover the breach. Hereafter, the clause might not be hold as constructive by court. In addition, the statutory controls need to be considered. The legislation for exclusion clauses is governed by the provision under UCTA and UTCCR. The UCTA was created in order to protect the weaker party, for example the consumer. Under s.11(1), the reasonableness test need to be consider, under which the term must be fair and reasonable by including all circumstances à ¢Ã ¢â€š ¬Ã‹Å"[à ¢Ã¢â€š ¬Ã‚ ¦]which were or ought reasonable to have be known[à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[51]. In the problem question, it is clear that the terms are not fair and reasonable since Matthew restricted the term of the contract for his own benefit and not for Arron (the consumer). He excluded all extra cost and loss arising out of the decorating services. The UTCCR will not be applicable due to lack of information about the presence of a contractual term or a standard form. Even if the exclusion clause is valid s.7[52]states that liability for consumer contracts for breach of s4 and s13 cannot be excluded. However, this liability can be excluded if satisfies the requirement of the reasonableness which is visibly not the case here. Arron might have a criminal liability against the producer for the commercial practices of the wallpaper through television advertising. The liability will be under Schedule 1 of the Consumer Protection from Unfair Trading Regulation s 2008[53]which replaced some consumer protection legislation; like CPA Part 3 or even the TDA[54]. He can claim liability for misleading actions under Regulation 5. It occurs when a misleading information lead the average consumer to make a decisive reason to enter the contract. In application, it is clear that it is the 10 years old guarantee, which encourages Arron to buy this specific paper. This commercial practice clearly distinguished the product from the competitor (para.3 (a) of reg.5), was obviously a main characteristic of the product (para.4 (b) of reg.5) which makes him make a decisive decision in buying this product rather than the others. PUPPIES* The buying of pedigree dog is governed by the SGA. However, the effect of the statement must first be drawn, by stating whether it is a puff, a representation, a term or a sale by description. The difference between these statements will be established. A puff is a à ¢Ã¢â€š ¬Ã‹Å"mere boast or unsubstantiated claimsà ¢Ã¢â€š ¬Ã¢â€ž ¢ which are used by advertisers for their products and services .An example is the case of Carlill[55]. Representations or contractual term are statements made in course of negotiation for a contract. While, a term of contract define as outcome to pre-contractual negotiation between parties can be distinct in two types; implied and express. It could also be a sale by description under s.13 which implied term is that the goods must à ¢Ã¢â€š ¬Ã‹Å"correspondà ¢Ã¢â€š ¬Ã¢â€ž ¢ to the words used for the description of the goods. In application, it is clear that is a sale by description where the adverts states that the dogs are à ¢Ã¢â€š ¬Ã‹Å"pedigree dogsà ¢Ã¢â€š ¬Ã¢â€ž ¢ with à ¢Ã¢â€š ¬Ã‹Å"friendly temperatureà ¢Ã¢â€š ¬Ã¢â€ž ¢. S.13 is breached as the description is inaccurate and that the dogs are crossbreeds, aggressive and snappy. There is a strict liability under s.13 and the remedy, will allow Arron to reject the good and receive damages. Next, Arron has pa id the pedigree dog with his credit card; he may have a claim under CCA. Under the CCA, a D-C-S agreement is established, under s12 (b) consisting of the debtor; Arron, the creditor; the credit card company (Barclaycard) and the supplier (the dog-seller). It may be that has a claim under s.75 where the creditor is jointly and severally liable with the supplier for the supplier misrepresentation and for breach of s.13 SGA. If, the claim is not successful under SGA against the supplier, Arron will be to use s.75 as a shield. Criminal liability is regulated by the regulation 5[56] for the false information which deceived the consumers. The false statement of the advert may lead to a criminal offence under reg.5 CPUTR which prohibits false information to be applied on goods. S.2 (2) (a), states that goods includes the descriptions and details of animals as per there à ¢Ã¢â€š ¬Ã‹Å"sex, breed or cross [à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[57].Under s.3 (1)[58] explains the term of à ¢Ã ¢â€š ¬Ã…“false to a material degreeà ¢Ã¢â€š ¬Ã‚ . In application, it is clear that the advert the newspaper is a material degree and that there is a breached of Reg 5. 2515 Word Count*(Excluding titles) Bibliography Primary Sources Cases: Bolam v Friern Hospital Management [1957] 1 WLR 582 Bernstein v Pamson Motors [1987] RTR 384 Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 Donoghue v Stevenson [1932] AC 562 Grieves Co Baynham [1975] 1 WLR 109 Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 Nettleship v Weston [1971] 2 QB 691 Olley v Marlborough Court Ltd [1949] 1 AII ER 127 Payzu Ltd. V Saunders [1919] 2 KB 581 Philips v William Whitely Ltd [1938] AII ER 566 RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 Stevenson v Rogers [1999] 1 All ER 613 Statutes and statutory instruments: Trade Description Act 1968 Consumer Credit Act 1974 Unfair Contract Terms Act 1977 Sale of Goods Act 1979 Supply of Goods and Services Act 1982 Consumer Protection Act 1987 Unfair Terms in Consumer Contracts Regulation 1999 Consumer Protection from Unfair Trading Regulations 2008 Secondary Sources Books: Nicholas Ryder, Margaret Griffiths, Lachmi Singh, Commercial Law (Principles and Policy), (First published 2012,Cambrige) Michael Furmston and Jason Chuah, Commercial Law,(2th edn, Pearson 2013) Chris Turner, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) Chapters in Books: Michael Furmston and Jason Chuah, Chapter 4 à ¢Ã¢â€š ¬Ã‹Å"Sale of Goodsà ¢Ã¢â€š ¬Ã¢â€ž ¢: 4.8 Defective goods, Commercial Law,(2th edn, Pearson 2013) pg. 192-201 Chris Turner, Chapter 6 à ¢Ã¢â€š ¬Ã‹Å"The Obligations under a Contract : Term 6.1.2: Types of representation and their consequences, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) pg. 111-116 Websites and Blogs: Which? Consumer Right à ¢Ã¢â€š ¬Ã‹Å"Supply of Goods and Services Act 1982à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) https://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982accessed on 19 March 2014 Financial Ombudsman Service , oombudsman news  » issue 31  » credit cards equal liability under section 75 of the Consumer Credit Act 1974 (sep 2003) https://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm accessed on 25 March 2014 FindLaw UK, à ¢Ã¢â€š ¬Ã‹Å"Your rights under section 75 of the Consumer Credit Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.findlaw.co.uk/law/consumer/consumer_credit/500520.html accessed on 02 April 2014 BBC one Watchdog, à ¢Ã¢â€š ¬Ã‹Å"Supply of Servicesà ¢Ã¢â€š ¬Ã¢â€ž ¢(2014) https://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-supply-of-services accessed on 06 April 2014 Out-Law.com, à ¢Ã¢â€š ¬Ã¢â€ž ¢Product liability under the Consumer Protection Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ (last update 2011) https://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-under-the-consumer-protection-act/ accessed on 09 April 2014 [1] Home Appliances Ltd [2] Unfair Contract Terms Act 1977; UCTA [3] Unfair Contract Terms Act 1977 [4] Section.12(1)(c) Unfair Contract Terms Act 1977 [5] Sale of Goods Act 1979;SGA [6] Stevenson v Rogers [1999] 1 All ER 613 [7] RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 [8] Section 12 Unfair Contract Terms Act 1977 [9] Section 14 Sale of Goods Act 1979 [10] Section 14 (2A) Sale of Goods Act 1979 [11] Section 14 (2 B) Sale of Goods Act 1979 [12] Section 14 (2B) (d) Sale of Goods [13] General Product Safety Regulations 2005;GPSR [14] Section 14 Sale of Goods Act 1979 [15] Section 11 (4) Sale of Goods Act 1979 [16] Section 35 (4) Sale of Goods Act 1979 [17] Bernstein v Pamson Motors [1987] RTR 384 [18] Clegg v Anderson [2003] EWCA Civ 1002 [19] Consumer Credit Act 1974;CCA [20] Section 8 (1) Consumer Credit Act 1974 [21] Section 9 Consumer Credit Act 1974 [22] Section 8 (3) Consumer Credit Act 1974 [23] Section 11 (b) Consumer Credit Act 1974 [24] Section 10 (1)(a) Consumer Credit Act 1974 [25] Section 12 (b) Consumer Credit Act 1974 [26] Section 75 Consumer Credit Act 1974 [27] Section 14 Sale of Goods Act 1979 [28] Donoghue v Stevenson [1932] AC 562 [29] Consumer Protection Act 1987:CPA [30] Consumer Protection Act 1987 [31] Section 11 (1) Consumer Protection Act 1987 [32] Section 12 Consumer Protection Act 1987 [33] Olley v Marlborough Court Ltd (1949) 1 ALL ER 127 [34] Section 14 Sale of Goods Act 1979 [35] Supply of goods and Services Act 1982; SGSA [36] Supply of Goods and Services Act 1982 [37] Sale of Goods Act 1979 [38] Section 4 (2A) Supply of Goods and Services Act 1982 [39] Section 14(2B)(e) Sale of Goods Act 1979 [40] Section 12 Supply of Goods and Services Act 1982 [41] Section 13 Supply of Goods and Services Act 1982 [42] Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 [43] Nettleship v Weston [1962] 2 QB 691 [44] Bolam Fried Hospital Management [1957] 1 WLR 582 [45] Philips v William Whitely Ltd [1938] 1 ALL ER 566 [46] Grieves Co v Baynham [1975] QB 644 [47] Section 4 Supply of Goods and Services Act 1982 [48] Section 13 Supply of Goods and Services Act 1982 [49] Payzu Ltd v Saunders [1919] 2 KB 581 [50] Unfair Terms in Consumer Contract Regulations 1999; UTCCR [51] S.11(1) of Unfair Contract Terms Act 1977 [52] Section 7 Unfair Contract Terms Act 1977 [53] Consumer Protection from Unfair Trading Regulations 2008; CPUTR [54] TDA:Trade Description Act 1968-largely repealed by CPUTR [55] Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 [56] Regulation 5 of Consumer Protection from Unfair Trading Regulations 2008 [57] Section 2(2)(a) of the Trade description Act 1968 [58] Section 3(1) of the Trade description Act 1968

Impact of Agricultural Trade liberalization on Poverty in...

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The Accordance of Basel in regards to Banking laws and regulations - Free Essay Example

Sample details Pages: 6 Words: 1921 Downloads: 7 Date added: 2017/06/26 Category Business Essay Type Research paper Did you like this example? Basel Accords which are recommendations on banking laws and regulations issued by the Basel Committee on Banking Supervision consists of Basel I, Basel II and Basel III. Basel I was adopted in 1988 and was enforced internationally in 1992. While Basel I is now outdated, Basel II was formed and implemented by a lot of countries. Don’t waste time! Our writers will create an original "The Accordance of Basel in regards to Banking laws and regulations" essay for you Create order Soon after that Basel III came into place when the world was faced with Global Financial Crisis. Basel I primarily focused on credit risk. This Accord was enforced by law in Group of Ten (G-10) countries which included Belgium, Canada, France, Germany, Italy, Japan, United Kingdom, United States of America, Spain, Switzerland, Sweden, Netherlands and Luxembourg. Basel II is the second of Basel accords issued by the Basel committee on Banking Supervision. This framework was officially known as International Convergence of Capital Measurement and Capital Standards. The main purpose of Basel II, published in June of 2004, was to create an international standard that banking regulators would be able to use when creating regulations about the amount of capital that banks need to put aside to guard them against the financial and operational risks that most banks face. Australia implemented Basel II framework on January 1 2008 through its Australian Prudential Regulation Authority The 3 fundamental pillars of Basel II include: Pillar 1: It deals with the Minimum Capital Requirement calculation which has to be maintained against Credit, Operational and Market risk. Pillar 2: It deals with the Supervisory Review Process which describes the principles for effective supervision. Pillar 3: It deals with the need for Market Discipline which requires the lenders to widely provide details of their risk rating processes, risk management activities and risk distributions. Basel III was recently developed after taking in consideration the loopholes and weaknesses that contributed to the financial crisis. Basically, these rules intend to protect the world economy from the possible effects of any future financial crisis. In addition to that, they also aim to reduce the risk that would be imposed on governments to spend funds while protecting banks and their creditors. The new rules of Basel III seek to avoid the failure of Basel II -Imperfect and under-a dopted rules now are no longer in use after the 2008 global financial crisis. It takes a more critical view of leverage in general, and of risk insurance and trading in debt between banks and other players. They ask the banks to hold a larger buffer of capital, and more liquid assets. The most important changes in Basel III comprise of: ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¢ Setting higher minimum capital requirements and changes to Tier 1 capital rules ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¢ Strengthening both the quantum and quality of capital for banks and insurance companies ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¢ Improving mechanisms for dealing with systemic risk found in the financial system ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¢ Enhancing the system and institutions abilities to cope with liquidity shocks which have occurred throughout the GFC ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¢ Improving forward-looking approaches to loan loss provisioning ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¢ Encouragi ng long-term thinking by counter-cyclical prudential measures, and remuneration arrangements which better align reward and risk arising over the longer term. https://www.basel-ii-risk.com/basel-iii-guide-to-the-changes/ Development of New Basel III Standard First, The quality, consistency and transparency of the capital base will be raised. Tier 1 capital will place greater emphasis on common equity component. Tier 2 capital instruments will be harmonized. Tier 3 capital will be eliminated. Second, Enhancement of risk coverage through enhanced capital requirements for counterparty credit risk. Enhanced risk coverage will address issues that arise in connection with the use of derivatives, repos and securities financing arrangements Third, Changes to non-risk adjusted leverage ratio. This ratio will supplement the Basel II risk capital framework. Fourth, Measures to improve countercyclical capital framework. While many bank investors loved Basel III, the re were some problems encountered in Basel III. Basel III was considered to be implemented really quick even though Basel II took a decade to be put together but never got implemented properly. It was said that Basel III adopted some of the same problems faced in Basel II The risk weighing concept: The banks were told to hold more capital against the riskier assets than they do against safer assets. Basel III is considered to be backward-looking. A few drawbacks of Basel III were the following: Capital requirements in Basel III were too low; Credit ratings were depended upon the most; Banks could use internal models to measure risk; Banks could get around the rules by setting up off-balance-sheet entities like SIVs; It lacked any kind of liquidity requirements. BASEL IIIS EFFECTS ON UNITED ARAB EMIRATES Over the years, United Arab Emirates have been reporting to a BASEL I framework. Since, it is progressing well, there are doubts that there will be immediate implementation of BASEL III. However, over the past year or so, the U.A.E has needed significant capital injections and liquidity support, so the ratios will report negative effects. Hence, there is no rush to adopt to Basel III, as new standards would highlight capital and liquidity drawbacks. Currently, the U.A.Es banks are reporting elevated capital ratios ( 15% Tier I ratios, 18% CAR), but this has been boosted by public sector injections of Tier I and Tier II capital. The equity- asset ratios of 10 % has indicated how Tier I ratios might present itself under BASEL III framework, particularly if banks attempt to setback or smooth provisioning against a likely imminent decline in asset quality. Dr. Nasser Al Saidi, Executive Director of the Hawkamah- Institute for Corporate Governance said, Banking regulations must proc eed on a global basis but since the UAE banks are almost applying the same capital adequacy ratio as Basel III requirements, the new international rules would not have a direct impact on the UAE banking sector. However, due to the global recession, several banks buckled, while furthermore have botched various challenges, highlighting a elementary flaw amongst banks worldwide. Dr. Al Saidi also mentioned that the increase in capital requirement from 2% to 7% was a compulsory amendment as the increased capital would reduce the risk. If some banks still felt that the reserve wasnt enough, then they would tend to increase it out of further prudence and that would reduce the finances available to businesses, thus leading to added cost of loans. UAE banks are among the paramount capitalised in the world, and traditionally inflexible principles set by the UAE Central Bank for principal needs means that local banks already outdo norms set by the Bank for International Settlements (BIS) a s part of the Basel III accord, which has a 2019 deadline, analysts say. Analysts also feel that the U.A.Es banking regulations are already stricter than those proposed by BASEL III. U.A.Es banks are safer as compared to majority of their Western and European counterparts. At present, the Tier I and total capital requirement ratios stand at 8 percent and 12 percent respectively, which already higher than the 2019 target ratios proposed by BASEL III of 6 percent and 8 percent respectively. The BIS reported that it has developed an accord for the boosting of vital capital ratios for all banks. The least necessity for general equity, the peak form of loss absorbing capital, will be lifted from the existing 2 to 4.5 per cent after the submission of stricter adjustments, which will be ushered in by 2015. The total Tier 1 capital necessity, which includes regular equity and other qualifying financial instruments depending upon harsher grounds, will raise from 4 percent to that of 6 percen t during the existing phase. A buffer requirement of 2.5 per cent that can be strained down to the 4.5 per cent least necessity when called for. Effectively, this will elevate general equity necessities to 7 per cent. If a bank falls under the 7 per cent general equity necessities, including the cushion, allocation of income should condense atleast till the 7 per cent stage is improved. The margins above would relate to dividends and managerial reimbursement, including bonuses. These changes are supposed to reinforce the banks stability to absorb future potential losses. The transition period for banks to comply with these rules was set at 2012, however, it has now been extended to January, 2019. Since the U.A.Es banks are still adjusting to Basel IIs policies since November, 2009, it will be far too early to comment upon the consequences of these new regulation changes. Basel III rules on capital adequacy rates stipulate phased increases from 2 per cent to 3.5 per cent in 20 12, to 4.5 per cent by 2015 and to the full 7 per cent by the end of 2018. Although the U.A.E is in recession, these regulations give banks a necessary amount of time to adjust. There is faith in the U.A.Es financial system, as it has been able to cope flexibly and effectively to unforeseen shocks. Data Analysis https://www.systemiclogic.com.au/?p=1038 The above graph places emphasis on the quality of capital required. The new capital requirement will emerge in a period of five years, and over this period the minimum capital ratio will remain at 8%- However, its composition may change. Ordinary shares which are the highest quality capital are seen to move from 2% under Basel II to 4% under Basel III. As a result, the relevance of Tier 2/3 which is the lower quality capital will reduce to a quarter of the total required. Apart from the minimum capital requirement, institutions are expected to hold a conservation buffer also in common equity of 2.5%, which will act as a measure of relief in times of stress. https://www.allvoices.com/contributed-news/7323914-basel-3-has-arrived-finally-for-banks/content/63411911-basel-iii After the release of Basel II, the capital requirement was at 2%. With the arrival of Basel III updates the value has increased to 4.5%. (I.e. an increase of 2.5%). Basel IIIs stated aims are to improve the banking sectors ability to Absorb shocks Improve risk management Strengthen banks transparency To achieve this it laid down two areas of regulation, which are: micro prudential this includes dealing with the flexibility of individual banks and macro prudential which includes dealing with the strength of the banking sector as a whole. According to the Basel III reforms, one of the methods to bring about the change from procyclical lending to countercyclical lending, include increasing capital requirements and adding more capital buffers to deal with times of stress, rising from 2.5% to 7%. The Tier 1 capital requirement, that covers various qualifying financial resources which are based on rigid criteria, and common equity, will increase to 6% from its current value of 4% during the same time. Basel 3 summary has given the date from which it has to be put into practice by various member nations. The date turns out to be 1st January 2013. It is said that member countries have to convert the Basel III updates into national financial regulations before this date. Basel 3 Summary also affects the Risk weighted assets or RWAs and the date of implementation is the same. The first section is 3.5% common equity for every RWA. The next one is to have 4.5% Tier 1 capital for every RWA, amounting to the total of 8% capital for every RWA. Basel III also brings forward the minimum common equity requirement that to be followed from 1st January 2013 till 1st January 2015. The change in the minimum common equity requirement from 2% to 3.5% is effective from 1st January 2013. The T ier 1 capital requirements have also risen to 5.5% from 4%, which is a slight change. The banks should aim to reach 4% minimum common equity plus 5.5% of Tier 1 capital by 1st January 2014. From the above it can be noted that Basel III summary has made 1st January 2015 into an important date, as we can see that by that time the banks will have common equity raised to 4.5% and the Tier 1 requirements raised to 6%.

The Music Of Pop Art - 1301 Words

The art movement I have chosen to write about is pop art. The pop art movement was about appealing to the eye through popular culture and through news and advertising. Pop art emerged in the mid 1950’s in the United States. British artists Richard Hamilton and Eduardo Paolozzi were critics that made pop art popular in Britain in 1952. Paolozzi’s first creation in pop art was a collage of newspaper clippings. A film was made by Ken Russell, which gave life to the idea of pop art in Britain. Meanwhile in the United States the artists took a more bold approach to their pop art by making a big impact on the New York scene. The United States used huge celebrities in their artwork. The most recognized faces in America. Pop art revolutionized a whole movement all around the world. It aided the music revolution in Contemporary music known as ‘POP’ and it also changed television forever and increased album sales. Pop art is most recognized by the New York artists su ch as Andy Warhol in the early 1960’s. The movement was started by the effects of society post war. It was most prominent in American art and quickly spread to Britain. It celebrates everyday common household items such as Campbell’s soup cans, comic strips, celebrities, and soda bottles. The artists wanted to make people see pop culture as art. Coca-Cola bottles, Andy Warhol’s Marilyn Monroe paintings, gas stations were major themes in the American pop art revolution. The artists during this revolution wanted you to lookShow MoreRelatedDo A Work Of Fine Art?1157 Words   |  5 Pageswork of fine art. What came to mind? Was it a painting by Van Gogh, or Andy Warhol’s Campbell’s Soup Cans, a current pop song, or a symphony by Beethoven, a piece of literature authored by Emily Brontà «, or one by the Kardashians? Due to its objectivity, art is all encompassing: It can be anything created, written, performed, or photographed within which someone fin ds beauty. Conversely, fine art is exclusive and elite as evidenced by its’ name and the distinction between itself and art as a whole.Read MoreReverie by Roy Lichtenstein1262 Words   |  6 PagesLichtenstein was an American artist who was an influential part of the Pop Art movement in the 1960s. Roy Lichtenstein was born in New York in 1923 and he has created some of the most well-known Pop Art paintings and artworks. 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Modern songs are composed to be hits at the moment and forgotten later, which results in ephemeral products that stay in the annals of music history. The popular genres’ qualityRead MoreThe Impact Of Pop Culture On The Music Industry1720 Words   |  7 Pagestoday. Through television, music, art and technology American social structures experienced huge changes. Gone were the days of the Huxtables where nuclear families displayed perfect, well put together families. 80’s music once filled with electric synthesizers and singers professing their love for their partners evolved into Hip Hop and Grunge music that discussed the grittiness of real life and the human struggle most people actually faced. As the decade passed pop culture continued to influenceRead MorePopular Culture High Culture818 Words   |  4 Pages It is seen in our clothing we wear, the music we listen to, the movies we pay to see, even the cars that we drive. Popular culture is all about â€Å"cool† and â€Å"new†. For most, it is not something that is learned, but knowledge that is garnered through one’s growth. Popular culture thus comes from people, but it is not just given to them. Since the beginning of popular culture, people are following the trends. Since the beginning of popular culture, the music and the film industries are changing in incredible

Quality Challenges Of Public Health Information System

Quality Challenges of Public Health information system in Indian Rural Healthcare sector for monitoring and evaluation– the case study from rural India Mohd Vaseem Ismail Mr. Sakhi john Abstract National Rural Health Mission (NRHM establishesed for improve healthcare delivery by making architectural corrections in existing public health systems , A health management information system is an essential management tool to achieve these goals- to be able to monitor how far we have travelled, and where the gaps are, To ensure that there is a continuous flow of good quality disaggregated data on health of populations and health care services to assist in local planning , programme implementation, management, monitoring and evaluation. NRHM†¦show more content†¦Keyword Health Information , Data Quality, Registers , Indicators National Rural Health Mission (NRHM)- Improve healthcare delivery by making architectural corrections in existing public health systems , NRHM main objectives is to improve health status of the people, Ensure universal access to quality health care services, Increase public expenditure on health, Reduce health inequities and ensure greater accountability and responsiveness, Ensure decentralization and district level planning and management of health programmes , Ensure community participation in planning and management , Ensure all public health facilities attain Indian Public Health Standards- in terms of services delivered, human resource deployed , infrastructure, equipment and supplies, Induct multi-disciplinary skills into district health systems- management skills, financial skills, IT and data analysis skills, epidemiological skills etc. A health management information system is an essential management tool to achieve these goals- to be able to monitor how far we have trav elled, and where the gaps are, To ensure that there is a continuous flow of good quality disaggregated data on health of populations and health care services to assist in local planning , programme implementation, management, monitoring and evaluation. The state of Bihar has an area of 94,163 sq km and a population of 82.9 million, there are 9 divisions , 38 districts , 101

Towards a Sociology of Drugs in Sport

Question: Discuss Towards a sociology of drugs in sport? Answer: Introduction The Australian Sports Anti-Doping Authority (ASADA) is a government authority that regulates the use of drugs in the sphere of sports (Shannon, 2002). This authority was established in 2006 after replacing the Australian Sports Drug Agency (Healey, 1999). The primary work of the agency includes testing, education, investigation, presentation of cases in tribunals, recommendations of sanctions and also monitoring of the different sport organizations (Robinson, 2007). In the year 2013, the powers of the authority were increased with the introduction of the Anti-Doping Authority Amendment Bill 2013. With the introduction of the Bill civil penalties were incorporated. The same year itself the sports world in Australia was astound by the revelation by an investigation conducted by the Australian Crime Commission. The investigation showed that sportsmen has been regularly using a wide variety of performance improving drugs while playing and the investigation also revealed that the sportsmen have been connected to match fixing and also organized crimes in the country. The investigation conducted was for a period of twelve years and it created a connecting link between drugs and sports. The investigative agency stated that these organized crime networks are connected with the distribution of drugs to the athletes and also to the staff that includes the doctors and coaches of the sportspersons. Some other restricted substances that include peptides, hormones and other forms of illicit drugs have also been widely used by the professional athletes. The Crime Commission has further stated that there was no such code that has remained free from this scanda l. Sometimes the drugs that were administered to the players were yet to be authorized to be used by humans. The investigation states that these doping activities are generally run by the doctors, scientists, coaches, pharmacists and also the support staffs. The organized crimes include the distribution of the drugs and match-fixing scandals. It was after this revelation that the Australian Sports Anti-Doping Authority was given more powers so that the entire process of further investigation could be carried out without any hindrance. This study reflects the incidents relating to the drug crimes relating to sports and examines this sociological behavior in light of the book The Sociological Imagination by American sociologist C. Wright Mills (Mills, 1959). Mills in this book on sociological imagination states that the primary objective of studying sociology and for the sociologists is to articulate the various links that exist between the individual social environment and the broader historical and social compulsions where they are entrapped (Keen, 1999). Hence it can be construed that the approach followed by Mills is a structural and functionalist approach and it assists in opening new positions for individuals to live in the wider social framework Critical Analysis Mills states that the individual function in a wide aspect of the social structure which is considered to be an important part. However, this cannot be considered as the most important thing in this sphere (Mills, 1959). Further the scholar ahs also described the adverse effects of malaise that he considered to be as minutely rooted in the maintenance of the modern societies. In the book Mill further questions how individuals exist in the societies in the simple manner in which individuals are generally understood. While scripting the book of The Sociological Imagination, the author tried to merge the two distinct and theoretical concepts of social reality. These two elements are the society and the individual. He further challenged the prevailing sociological communication and attempted to define some of the most fundamental terms and directly questioned the grounds behind its explanations. Mills further attempted reconciliation and challenged the grand theory and abstracted empiricism (De Maio, 2013). He criticized the use of these theories and its relevance in the present day study on sociology. Mills concept of sociological imagination can be applied to a number of cases. To explain this imagination an example can be considered. Coffee is a drink with caffeine. However in most parts of the world it is not considered to be a drug. Caffeine is a drug that can have effect and stimulate the brain. Also it needs to be mentioned that it is this reason that in most cases people opt for coffee instead of any other drink (Kuba t, 1971). In most of the western countries coffee is not considered to be drug but there are some cultures where it is considered as drug. On the other hand marijuana is another drug that is not accepted in those very countries where coffee is accepted. Further there are countries where coffee is prohibited but marijuana is accepted. Hence through these examples Mills tries to depict that all the social structures can never be the same. Scholar Parsons had described that what the nature of the societal structure would be how the culture would be created and maintained by the individuals in the society. This description by Parsons was widely criticized by Mills (Mills, 2000). He had stated that this particular tendency of the sociologists to maintain the social structure in accordance to the individuals is highly incorrect. He states that the society needs to be more heterogeneous with more room for all varieties of individuals and it is through this wide and heterogeneous society will it be possible to form a single and uniform society. Relying on this book of Mills, the recent 2013 cases on drugs in Australian sports may be dealt. Through the views of Mills it can be stated that the abuse of drugs may be considered from a different perspective (Mills, 1959). The use of medication ad such related drugs are often permitted by the sports authority. However, when the same kinds of drugs are taken by the sportsperson without the authorization of the medical team then generally they fall under doping (Connor, 2009). Also it needs to be mentioned that sometimes these drugs are administered to the sportsperson by the coaches and the doctors themselves. Hence it can be construed that the society has different perspectives depending on the different situations even though the root cause may be the same (Shanahan and Macmillan, 2008). Further the drugs that are used, some of them are permitted in some countries and prohibited in some other countries. Applying the sociological imagination theory it can be seen that the heterog eneous society that Mills was talking about actually does not exist in most countries which includes Australia. Mills in the book has further criticized the social order that was proposed by Parsons. He criticized specifically the idea based on which Parsons had stated that the order in the society can be observed as a whole (Mills, 1959). Mills opines that each and every person cannot totally integrate in any given society and be able to accept all the cultural rules in the society (Mills, 1959). Additionally, if such a thing exists in the society it can be considered as a domination of the extended powers. This theory of Mills fits appropriately in this particular case of drug abuse by the Australian sportspersons (Wagner, 1991). It shows even knowing though each and every individual is not similar the authorities intend to inflict the laws on the individuals. As Mills state that these cultural symbols do not give a chance to the individuals to be self determined and hence it cannot be considered to be extracted from the individuals and their consciousness (Mills, 1959). Going according to Parsons theory on social order the society is based on the system of belief. This theory is critical with regard to the diverse changes in the society. Therefore, it can be stated that if the theories of Mills is followed then whether the sportsperson who is being considered as the culprit may simply be considered as a different person with different needs (Mills, 1959). Hence Mills is observed to be creating a society that is three dimensional. Scholars state that they have Mills have tried to break down the division existing between the private and the public territories of the society. This is the typical characteristic of society in most of the times. Conclusion As concluding remarks it can be stated that the present investigations and cases on the sportsperson in Australia may be viewed from a totally different point of view which is through the eyes of American sociologist C. Wright Mills (Mills, 1959). In the study of sociological imagination the author and sociologist has attempted to form a different conception of people who cannot be classified under the general categories that has been set by the society. Society generally happens to punish those people who do not follow the general norms and go against these norms to live their lives according to their own terms (Sport and society, 2001). Mills has stated that society needs to incorporate each and every individual and hence the society should be broad enough to incorporate all such individuals. Mills had tried to view society as both a microscopic and macroscopic generally and these try to link with the present realities in society. References Connor, J. (2009). Towards a sociology of drugs in sport.Sport in Soc., 12(3), pp.327-328. De Maio, F. (2013). Regression Analysis and the Sociological Imagination.TEST, 36(2), pp.52-57. Healey, K. (1999).Drugs in sport. Balmain, N.S.W.: Spinney Press. Keen, M. (1999).Stalking the sociological imagination. Westport, Conn: Greenwood Press. Kuba t, D. (1971).Paths of sociological imagination. New York: Gordon and Breach. Mills, C. (1959).The sociological imagination. New York: Oxford University Press. Mills, C. (2000).The Promise', in The Sociological Imagination. Oxford University Press, pp.3-24. Robinson, D. (2007). Drugs in sport.British Journal of Sports Medicine, 41(3), pp.182-183. Shanahan, M. and Macmillan, R. (2008).Biography and the sociological imagination. New York: W.W. Norton. Shannon, M. (2002).Drugs in Australia. Carlton, Vic.: Binara Publishing. Sport and society. (2001).Annual review of sociology, 27, pp.187-212. Wagner, J. (1991). Enhancement of Athletic Performance with Drugs.Sports Medicine, 12(4), pp.250-265.

Leadership approach of Martin Luther King

Question: Discuss about the Leadership approach of Martin Luther King. Answer: Introduction: Leadership is one of the most critical dimensions of an organisation that tends to manage the resource utilisation and governs the manpower to achieve the organisational objectives. Of note, there exist several factors that have the potential to shape the leaders. The important factors in this consideration include ethics, social responsibility, stakeholders perspective, and the perseverance of society (Christensen, Mackey, Whetten, 2014). The first lesion from leadership of Dr. King, one must have total commitment to the causes. Taking reference of Martin Luther King, leader must value the process, people, and the mechanism with which the work procedure is managed for an efficient outcome (Voegtlin, Patzer Scherer, 2012). As a leader, Dr. King had the ability to recognise individual employees capabilities, motive them for the acquisition of knowledge, to focus on risk identification, and offering sustainable opportunities to the employee for resigning their competency level. The corporate social responsibility is another fundamental element of leadership trait that is reflective of the visionary approach and decision making. Kings effort for supporting civil rights, movement against racial discrimination, and dismantling segregation are reflective of these facts (Chappell, 2014). His ethical approach is reflective with this speech, where he seeks equalities for white and Negros. There are those who are asking the devotees of civil rights, When will you be satisfied? We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. Likewise for corporate social responsibility, he call people to act in accord with their highest values during the civil right movements. His action for inclusive change for the disadvantaged African-Americans is reflective of such action where he advocated equal opportunity for school, corporate and social values. Leadership lessons from Dr. Kings apprach clearly indicates about what is required for the organisational success and what approach must be adopted for bringing effectiveness, can be learned with Kings speech, I had a dream rationalise this leadership approach (Crawford, 2013). Factors like cost effectiveness, timeliness management, resource procurement and purchase, market analysis, and highlighting the facts with evidence are common practices that can be managed with decision making. These lessons can be learned with leadership lesson from Dr. King in which he dictated that disrupting the status quo is indeed required for managing change (Crawford, 2013). The perspective of society can also be implemented to the work practices with a similar notation in which listening to people (inside and outside to organisation), anticipating the change required in the market, and designing core synergy that can have a positive impact on the environment as well as society. Overall, with the definite prospect of managing people, it apparently becomes possible for a Dr. King to achieve objectives and maintain a good public image as a leader. Leadership Approach The leaders must have an integrated work approach that must be widespread of dimensions like regulation, marketing prospect, market force analysis, technological implementation, social attitude shifting, economic turbulence, and use of information technology. In particular, Dr. Kings approach of implementation include a provision like evidence-based practice which further is evidenced to process in the form of shared decision making. The rationale behind these measures is to manage negotiation, accuracy in decision making, and making a balance for individual values. Dr. King uses both motivational tools as well as utilisation of evaluation provision to maintain the effectiveness of work procedure (Eisenbei Brodbeck, 2014). In order to manage the continuity of workflow, Dr. King use to communicate the change widely and then attempts to remove the obstacles with empowerment of people to act. Dr. King also tends to interpret the signs of employee and weigh the risk, and uses motivational tools to reward and encouraging people to bring more innovation (Crawford, 2013). The most common practice of leadership that can overcome the challenges of inefficiency includes the development of followers and strengthening the teamwork by the empowerment of individual employment. His followers have the dignity and freedom for their spirits. Likewise, Dr. King group also have the thought that self-centred men will torn down, whereas other-cantered men will build themselves up. With these actions, he bridged the communication gap, which separates the struggling people from being ruled by insensitive and greedy masters (Verbos Humphries, 2014). Dr. King use to build mutual beneficial alliance with local ministers and community representatives which reflect above statements. Similarly, according to Dr. King, it is very essential to identify the risk and weigh them, such that resolution of conflict and any issue related to work can be managed in time. (Christensen, Mackey, Whetten, 2014). The factors that help Dr. King to manage change include approach of the positive emotional attractor, ensuring people for support, using repetition to bring excellence, and applying for after-action reviews like feedback and survey outcomes (Verbos Humphries, 2014). Note that while managing cultural diversity, especially in a team where members are from the diverse cultural (racial) background, Dr. King maintain accurate communication, interaction, and motivational tools (Harvey, Parry Vorbach, 2014). References: Chappell, D. L. (2014). Waking from the Dream: The Struggle for Civil Rights in the Shadow of Martin Luther King, Jr. Random House. Christensen, L. J., Mackey, A., Whetten, D. (2014). Taking responsibility for corporate social responsibility: The role of leaders in creating, implementing, sustaining, or avoiding socially responsible firm behaviors. The Academy of Management Perspectives, 28(2), 164-178. Crawford, V. L. (2013). " In an Inescapable Network of Mutuality": Martin Luther King, Jr. and the Globalization of an Ethical Ideal. L. V. Baldwin, P. R. Dekar (Eds.). Wipf and Stock Publishers. Eisenbei, S. A., Brodbeck, F. (2014). Ethical and unethical leadership: A cross-cultural and cross-sectoral analysis. 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