American foreign policy Essay

Foreign policy refers to the strategies that governments employ to guide their actions towards other countries. The U. S. foreign policy is founded on the principles of democracy and tenets liberalization (Goldstein, 2003). The U. S. foreign policy takes into account issues of human rights, economic growth and development, terrorism and environmental degradation and addresses them as challenges that can best be addressed through democracy in countries and institutions throughout the world (Goldstein, 2003). The U. S. foreign policy has undergone significant transitions that match different historical periods in the world that include the World War I, the World War II, the Cold War, the post Cold War period and the September 11, 2001 terrorist attacks. The United Nations and the United States are arguably the most influential players in the international system as well as in the global political economics as a whole. Having been formed with the main objective of promoting and achieving sustainable peace in the world, the United Nations remains the most dominant and most influential International Governmental Organization in the world (Roberts & Kingsbury 1994). In theoretical terms, the fundamental significance of the United Nations as well as the operational challenges faced by the institution are illustrated in the theory of realism which states that â€Å"there is no world government, or political authority above the state, a situation that ultimately reduces the international system to absolute anarchy with the absence of any overarching political body with the capacity to enforce law and order among its members or nation states† (Roberts & Kingsbury 1994). The realism theory stresses on the centrality of the state, or nation state as the ultimate political authority in the politics of the international system. As such, the overriding motive of all states is self-preservation through maximization of power, a characteristic that effectively transforms the international system of a war of all against all (Goldstein, 2003). The realism theory further argues that stability is best achieved in the balance of power which can be achieved through increased interactions among states, with the most powerful country playing the role of a balancer (Goldstein, 2003). Today, the U. S. is the most powerful country in the world and has effectively assumed the role of a balancer in the international system, with the United Nations serving as the overarching political body with capacity to enforce law and order among its member states. Domestic Public Attitudes toward Foreign Policy in the United States At the domestic level, the U. S. foreign policy enjoys a lot of support among the citizenry. According to a report by World Public Opinion. org, a strong majority of U. S. citizens support of the U. S. involvement in the world. However, the number of U. S. citizens who feel disgruntled by the country’ foreign policies is growing steadily. The World Public Opinion. org has established that Americans overwhelmingly support the continued leadership role that the U. S. plays in the world. These findings were based on a 2006 GMF poll which indicated that 84 percent of those polled saying it was desirable for the U. S to exert strong leadership affairs, with 43 percent having been quoted as expressing a US global influence as being very desirable, and only 14 percent expressing their concerns about the U. S. global influence. However, the overwhelming support of the U. S foreign policy by its citizenry does support the role of the U. S. in global affairs as a hegemony, but rather supports the idea of shared leadership roles with other players in the international system. A significant segment of the U. S population believes that the U. S security has been threatened by the way the U. S. has been using the threats of military force as leverage in the international system. In a poll conducted by the World Public Opinion. org, 63 percent of the respondents were of the view that the U. S. military threats prompt other countries to be protective by developing and acquiring weapons of mass destruction. In another survey that was carried out in 2003 by the Chicago Council on Global Affairs, majority of the U. S. citizens faulted the war in Iraq, with 66 percent of the respondents believing that the war has had negative effects on the relations between the U. S. and the Muslim world. According to the survey, 64 percent of the respondents expressed concerns that the war will not promote democracy in the Middle East while a further 61percent expressed fears that the war will not reduce the threat of terrorism. International Public Attitudes toward Foreign Policy in the United States There has been a growing disdain for the U. S. foreign policy in many countries throughout the world. The September 11 terrorist attacks and the subsequent U. S. war on terror are seen as having particularly caused dramatic shifts in U. S. foreign policy (Grant, 2004). The military operations in Afghanistan that have been ongoing since October 2001 to date and the U. S. invasion of Iraq have taken toll on the image of the United States with people from around the world and those in the Muslim countries in particular showing the lowest ratings for the U. S foreign policy. According to the Pew Global Attitudes Project that is run by the Washington DC based Pew Research Centre, America’s image relative to the country’s foreign policy has dropped immensely over the years. According to the report of the project, the United States is trailing many countries in favorability ratings. Countries such as France, Germany, China and Japan are more popular than the U. S in the European Union countries and Muslim countries. The study showed that while the ratings of the U. S were highest in Asian countries such as India, the favorability ratings of the country dropped by 15 percent in India between 2005 and 2006. The study further indicated that levels of negative attitudes that the populations of Western Europe have towards America are even higher than they were in 2002 before the Iraq invasion. The Pew Global Attitudes Project report also showed low ratings for President George Bush both domestically and internationally, with the confidence in bush to make the right decisions in international affairs having dropped in seven of the eleven countries in 2005 as provided by the data that tracked the trends. The report further indicates a steady slump of rating for George Bush in European countries and among predominantly Muslim populations. George Bush registered the largest slump of ratings in the U. S. from 62 percent in 2005 to 50 percent in 2006. In regard to the War on Terror, the Pew Global Attitudes Project reported an overwhelming decrease in international public support for the U. S led war on terrorism. With Muslim countries having obviously registered the highest levels of criticisms against the war on terror, Spain and Japan also registered almost virtual collapse of support for the counter-terrorism war. As of 2006, the support for war on terror in Spain had reduced to 19 percent from 63 percent in 2003 while Japan registered public support of 26 percent from 61 percent in 2002, according to information provided by the Pew Global Attitudes Project.

Causes of the 1st and 2nd World Wars Essay

The causes of World War one and World War two share shared both differences and similarities, but overall there were more differences between the two. The social, political and economic circumstances of the times varied, though at times correlated with each other, but there are extreme differences that help create a different atmosphere for each war. The First World War was fought between the years 1914 to 1918 and the second was fought from1939 to 1945. Both wars involved military alliances between different groups of countries. The World War 1 was centered on Europe. The word warring nations were divided into two groups, the central powers and the allied powers. The central powers consisted of Germany, Austria, Hungary, Turkey and Bulgaria. The allied powers group consisted of France, Britain, Russia, Italy, and Japan and (from 1917) the U.S. In the Second World War, the opposing alliances are now referred to as the axis and the allies. The axis group consisted of Germany, Italy and Japan. The allies group consisted of France, Britain, the U.S., the Soviet Union and China. The thing that triggered the coming about of the First World War was the assassination of Archduke Franz Ferdinand of Austria on 28th June 1914, the heir to the throne of Austria-Hungary. He was killed by Siberian nationalists. Austria-Hungary invaded Serbia. At the same time Germany invaded Belgium, Luxembourg and France. Russia attacked Germany. Several alliances formed over the past decades were invoked, so within weeks the major powers were at war; as all had colonies, the conflict soon spread around the world. The Second World War on the other hand was caused by treaty violations and acts of aggression on various fonts. Political and economic instability in Germany, combined bitterness over its defeat in World War 1 and the harsh conditions of the treaty of Versailles. The Versailles Treaty signed at the end of World war 1 not only lay the moral blame of the conflict on Germany but also forced Germans to make huge payments to the victors of the war. France and Britain needed these reparations payments in order to pay their own debts. But they were highly onerous, arguably unjustifiably so, and were deeply unpopular in Germany. In fact, the payments demanded were so large that Germany was able to repay the final installment of interest on this debt only on October 3, 2010. Another cause of the Second World War was the rise of power of Adolf Hitler and the Nazi Party. In the mid-1930’s Hitler began secretly to rearm  Germany, in violation of the treaty. Hitler seized on his growing resentment and promised to â€Å"undo this injustice and tear up this treaty and restore Germany to its old greatness†. Adolf Hitler signed alliances with Italy and Japan to oppose the Soviet Union. Imperialism was a cause of both World War 1 and the Second World War. In the First World War, there are disputes over the Balkans between Austria-Hungary and Russia, Morocco between France and Germany, Tunisia between France and Italy, and the Middle East by Germany, Britain and Russia. Whereas, in the Second World War, Germany obtains the Saar Valley, remilitarizes the Rhineland, annexes Austria, Sudetenland and Czechoslovakia. He then takes over much of Europe. Italy takes over Ethiopia and Japan invades China. On August 6th 1945 due to their refusal to give into the US’s ultimatum, the B-29 American bomber, the Enola Gay, dropped the first atomic bomb on Hiroshima. Three days later, America dropped another atomic bomb on Nagasaki, after Japanese leaders failed to respond to the first bombing. On September 2nd, 1945, Japan finally gave in and signed a statement of surrender ending the Second World War.

Fairtax (fairtax.org) Research Paper Example | Topics and Well Written Essays - 5000 words

Fairtax (fairtax.org) - Research Paper Example gains, alternative minimum, Social Security, Medicare, and self-employment taxes with a federal retail sales tax to be levied once at the point of purchase on all new goods and services. According to proposed policy, every household of the United States is also eligible to receive a sales tax rebate each month. This rebate is equal to the product of (1) the sales tax rate of 23% and (2) the family consumption allowance divided by twelve. One of controversial aspects of the FairTax reform is the ability to be revenue-neutral, which means whether it would generate the same amount of overall federal tax revenues. Supporters of the FairTax claim the 23% rate is revenue-neutral while opponents disagree. Another common criticism of the FairTax is that it is regressive. That is, lower level income households bear a larger than equitable portion of the tax burden because most of their income is spent on essential daily need consumption items. Simultaneously, the proponents of the reform argu e that the FairTax can be progressive due to exemptions or rebates. This particular paper aims to analyze both sides of the debate and provide necessary empirical evidence based on the previous literature research regarding the controversial nature of the FairTax. In The Wealth of Nations, Adam Smith, the father of modern economics, laid out certain criteria forejudging tax structures and tax policies. Specifically, he felt that equity, explicitness, simplicity of compliance, and economy of administration should be the cornerstones of any tax system. The current federal tax system is criticized as being too complicated and unfair (Slemrod, 58). Efforts to simplify the current tax system, e.g., Tax Reform Act of 1986, are often viewed as ineffectual in creating a fairer or simpler system (Hite and Roberts, 121). For example, the President’s Advisory Panel on Federal Tax Reform (2005) points out that â€Å"our current tax code is a complicated mess. Instead of clarity, we have

Love and Lust Essay Example | Topics and Well Written Essays - 2000 words

Love and Lust - Essay Example During his life, He did all he could to deliver others from suffering. One day, He found an abandoned baby girl. He took her in and named her Love. Through the years living with her Father, she inherited traits of His personality, although less intensely. She eventually met a handsome lad named Pleasure and together they had twin boys: Affection and Desire. The twins were almost impossible to tell apart because they were so identical in form. However, their personalities were outrageously different. Affection inherited his mother’s and Grandfather’s inclination to care and forgive. Altruistic and selfless, Affection always put others before him even though he never wanted anything in return. Being near the ones he loved was what made him most happy. His best friend, Rationality was his loyal companion—he always gave Affection the best advice. A hopeless romantic, Affection never stopped looking for his significant other—someone he could care for until the end of his days. Desire was the opposite. A real daredevil, the boy grew up chasing adrenaline rushes. He didn’t care about the past or the future as long as he was having fun in the present. Completely selfish, he was oblivious to everyone else’s feelings. In his teenage years, he would flirt with all the beautiful girls, especially the ones who were already taken—Desire himself couldn’t understand why, but he liked them the most.

Intercultural communication( this is the course I am studying, not the Assignment - 1

Intercultural communication( this is the course I am studying, not the topic) - Assignment Example Moreover, it’s important to know the other person first for instance their interests and area of specialization. Such light communication is important in creating a close relationship before going into details. It’s important to keep the communication simple. In addition, it’s significant to avoid technical jargons and information that might be contradictory or which might be interpreted wrongly. I agree that when communicating with someone who emanates from a different culture or uses a different language, it is important to use simple language and short sentences. This is to avoid any confusion. In addition, it is good to get direct to the point and incase there is any technical information or data that need detailed explanation, it’s important to call the person directly. Its true one should be aware of the cultural differences when communicating with non-native speakers. The communication should be formal. However, it’s not good to generalize that women should be careful. Instead, all people should be careful irrespective of the gender, religion, race, or cultural

Digital technology play a key role in education Essay

Digital technology play a key role in education - Essay Example First an introduction has been given as to what contribution has technology made in education. Then, teachers’ technological skills and problems to the implementation of digital technology have been discussed. After that, various technological tools and concept are discussed like CALL and ICT, which the teachers can make use of to enhance the education. The report is summarized in a concluding paragraph, and Harvard referencing style has been used properly. Selwyn (2011) asserts that educators have been trying to modify their teaching process with the help of technology ever since the modern technological means came into market. According to Baker, early 1960’s brought with it â€Å"new curricula, instructional models, and approaches to individualization† (1978:3) of instruction. The problem was that teachers did not know how to manage the new instructional schemes. Today, an ideal classroom environment is dynamic in which each student presents his own understanding and is comfortable with his own set of instructional materials. Thus, the teacher needs to organize instructional schemes in such a way that all students with their unique qualities are equally attended to. Teachers started feeling the necessity of incorporating information and communication technology in education. This way, they could enhance the overall experience of teaching through the use of some most modern digital technologies like camcorders, multimed ia, microphones, supervision cameras, and most of all, the internet. Technology helps students in their early years to gain independence in creating and designing things, and in understanding basic literacy skills (Massey University 2014). In later years, students can make use of information and communication technology (ICT) to do research and create innovative pieces of work. Libraries are available online, where

Leadership and governance Essay Example | Topics and Well Written Essays - 2000 words

Leadership and governance - Essay Example Since the leaders tend to build a group of followers as they set their ideologies, the paper also looks at the characteristics of followers and what their role should be in ensuring that they participate in the organizations’ governance and aide in the achievement of the set goals. The actions of the leaders in governing the organization will mean the difference between the success and the failure of the organization. Due to this fact, the characteristics of good leaders and the management skills that should be applied in governance have been addressed in the paper. The roles f different people in an organization have been discussed in the paper. Among those include the role of executives, managers and other leaders in the organizations. Some of their roles overlap like overseeing the general performance of the organization. Their different roles will therefore be explained in details and what is expected from them both by their subordinates and the organization. Leaders have the responsibility to ensure that an organization succeeds in achieving oits set goals and follow the plans that have been put underway. This paper addresses the relationship between leadership and governance and the roles of different people in an organization in trying to achieve the goals set by the organization. The people in leadership positions have more than a responsibility to lead the organization. They are the role models who set the pace for all the other workers in the organization and help to show them the vision of the organization and strategies that should be used to actualize the vision. This is done by practicing good governance and setting up plans and strategies that can be actualized. The leaders have the role of uniting and motivating the workers in an organization. If they fail in this fundamental role then that could mean the failure of the whole organization in

The Eye of the Beholder Essay Example | Topics and Well Written Essays - 250 words

The Eye of the Beholder - Essay Example Similarly, humans are the only creation of God that can think, verbalize, communicate, and value things. Since the inception of time and development of human race, the notion of value emerged as humans were able to reason and none other species on Earth could do so. Yet, animals live by instincts and survival keeps them active for life (Brady,2003). Humans are the only being that can sense, reason, judge, plan, and proclaim the worth of nature. Rolston suggested that humans have started valuing things on Earth, as they started valuing gold so it became worthy and they proclaimed that coal is not a valued rock so it became worthless. Similarly, diamond is considered precious and coal in comparison to it is valueless. Naess suggests that humans should live in equilibrium with nature as both are of same value. However, I do not agree with it, humans determine value of nature and whatever is in it. thus, humans are worthwhile and come before any other species of the world. However, nature is also an essential need for survival of humans. Thus, if it is not preserved, its decline will result in the decline of humans them

Access to Higher Education Assignment Example | Topics and Well Written Essays - 1500 words

Access to Higher Education - Assignment Example umber of domestic students under two scenarios 2006-2021 by capital city Available at: http://www.universityworldnews.com/filemgmt_data/files/AUR_51-01_Birrell_Edwards.pdf Some of those recommendations include reducing the cost of access to higher education, strengthening the domestic universities to provide quality education to Australian citizens. In addition, due to the inequality level in accessing education especially among people from the lower socio-economic class, the government should aim at empowering these people to enable them compete favourably with the other social classes for positions in the universities. Discussion of the contributing factors Higher education in Australia has been faced with many challenges, these challenges have led to low enrolment in the universities and consequently a small population of the country has graduate qualifications. Some of the factors that have caused the low levels of university enrolments include the following. 1. The high cost of education- One challenge that makes increase in access of higher education hard to achieve is the cost implication that comes with it (Chen & St John, 2011, p23). The cost of acquiring a degree is very high in the country such that not everyone in the society can be able to match. This high cost of acquiring a degree is a challenge especially to individuals in the lower socio-economic class (Harmon 2010, p. 75). Very often, you will find needy students that are very bright but cannot afford to further their studies. The only hope for these students is either to find a sponsor or the government loans and grants provided by governments. The very bright ones are at an advantage because they are likely to receive sponsorship or even get free education from some universities that do this as part... The assignment "Access to Higher Education" investigates access to higher education in Australia. This paper also discusses the causes of the problems that are faced in the country, their origin and the solutions that be implemented to improve the accessibility to higher education in this country. The government of Australia has been putting policies to ensure that raises the number of adults who have a university degree to 40 per cent by the year 2025. However, several challenges stand in the way of government and attaining this dream of realizing the increased number of university graduates. Such problems include the high cost of university education, the attitudes of the people, preferential treatment of some people by the universities, commercialisation of education, which has led to university graduates not being fully equipped to enable work competitively in the job market. In order to deal with these problems in the Australian higher education, this report has given some recommendations that can improve the accessibility of higher education and help the government to attain the target of increasing the number of adult graduates to 40 per cent. Some of those recommendations include reducing the cost of access to higher education, strengthening the domestic universities t o provide quality education to Australian citizens. Due to the inequality level in accessing education, the government should aim at empowering these people to enable them to compete with the other social classes.

Strategic change Essay Example | Topics and Well Written Essays - 2500 words

Strategic change - Essay Example In most cases, the problems associated with introduction of change appear at this point and need to be handled. These problems are varied and they include; individuals’ resistance to change, increased instability in the organization, increased stress levels, and energy among individuals that is not utilized. In addition, other problems include increased conflicts in the organization and loss of drive (Cole, 2004). Therefore, this clearly highlights the need for an organization to be fully equipped to foresee reactions and possible obstacles to the introduction of change. For change to be managed in an organization, it is important to have a wide knowledge of the type of change and the reasons for individual resistance. In this case, the type of change to be understood is strategic change. Even though individuals who are pushing for change have to be invariable regarding ends, they also need to be flexible concerning means. Hence, the need for them to fully understand different forms of change in existence. Strategic change involves organizational transformation. It focuses on issues that are categorized to be broad and long-term. It mainly consists of going towards a future position defined universally using vision and scope that is strategic (Armstrong 2006). It consists of organization purpose and mission. In addition, it covers organization’s corporate values on issues that include; growth and quality, innovation and various values regarding people. It also involves the needs of the customer that have been met and the technologies put in place. This definition brings about competitive positioning stipulations and goals that are strategic. Through strategic goals, an organization will be able to attain and sustain competitive advantage. In addition, it also helps on the growth of product-market. Strategic goals of an organization are held up by various policies that regard sales, marketing, manufacturing, administration of human resource, financ e and growth of product and process. Strategic change occurs in the framework of a background that is competitive externally and is economic and social (Frost, 2000). It also occurs in the internal resources of an organization, its capacities, customs, constitution and even systems. Hence, in the invention and planning phases, these aspects have to be fully examined and understood in order for the implementation process to be successful. An organization attainment of competitive advantage that is sustainable depends on various qualities. These are; the ability of an organization to recognize and to fully understand the competitive force in place and how they keep changing with time. Secondly, is the capability of an organization to assemble and control essential resources intended for a competitive reaction. Strategic change nonetheless, ought not to be perceived as a process that is linear, where an organization simply plans and moves from one point to another. It is not possible t o plan and carry out as series of procedures that are rational (Pettigrew and Whipp 1991). Woodward (1968) asserts that when change is introduced in an organization most individuals resist it. This is because most people perceive change as being a threat to th

Marshall Plan Essay Example for Free

Marshall Plan Essay How important was the Truman Doctrine and the Marshall plan to the crystallization of Cold War Tensions in Europe in the years 1945-1951? When considering the crystallization of Cold War tensions in Europe one can not overlook the impact of both the Truman Doctrine and the Marshall Plan. Although events were often ‘a cycle of action and reaction which makes the identification of ultimate causes difficult and probably impossible’ both the Truman Doctrine and the Marshall plan signaled a turning point in relations between east and west Europe. The solidification of Cold War tensions in Europe is, for the sake of this essay, the point at which it was clear that relations between the United Sates and the Soviet Union were unsalvageable as their ideological differences became increasingly polarized. Although the Truman Doctrine and the Marshall Plan were considered by the American administration as ‘two halves of the same walnut’ to fully explore the consequences of the American policies one must look at them separately. The Truman Doctrine hailed in a new era for the US’s foreign policy through the definition of containment and the introduction of formal institutions such as the National Security Council, the Central Intelligence agency and the Department of Defense. This showed a move towards a more assertive foreign policy, arguably provoking the Soviet Union and escalating tensions between the two powers. Similarly the Marshall Plan’s encroachment on what the USSR saw as their sphere of influence through their offer of financial aid triggered a threatened Soviet Russia to intensify their authority over satellite states. Their dramatic actions in Czechoslovakia can be seen as evidence of the importance of the role the Marshall Plan played in escalating tensions in Europe as these events can be viewed as a direct consequence of changing US foreign policy. However to fully appreciate the complexities of the issues covered when looking at the development of Cold War tensions in Europe one must place these events in a wider contextual framework. To ignore the political, social or economic issues which form the background of this timeframe would be to oversimplify the issue. It is therefore imperative to look as the situation from both US and Soviet viewpoints whilst considering the issues the nations were dealing with domestically. By 1951 Europe was undeniably divided, with two power blocs emerging, east and west. Whilst the formulation of these tensions had originated from a shared history dating back to before the war, the culmination of these tensions is undeniably linked to both the Truman Doctrine and the Marshall plan as they ‘solidified divisions of Europe’. The Truman Doctrine, through the role it played in outlining the Soviet Union as the enemy and defining the American policy of containment, was a hugely significant step towards the crystallization of Cold War Tensions in Europe. The Truman Doctrine argued that, after Britain’s need to reduce its participation in aiding Greece, congress must ‘immediately extend financial aid’ because of the threat of ‘communist domination’. However, far from solely asking for economic and military aid for Greece and Turkey the doctrine took on the role of calling for the ‘global containment of communism’. The combination of a definition of the United States’ foreign policy towards communism and the demonstration of their commitment through action did help the move towards a divided Europe. Furthermore it solidified and defined the ideology upon which US foreign policy was made. A key consequence of the Truman Doctrine was the changes it caused in the United States’ decision-making process. As Painter explains, the support elicited for the strategy of containment meant that American administrations were ‘able to act on their beliefs about the relationship between politics, economics and US security’. This signaled an era in which the US would base their foreign policy around their capitalist ideology, one completely at odds with the Soviet Union. These beliefs were strengthened by the introduction of new governmental institutions such as the National Security Council, the Central Intelligence agency and the Department of Defense arguably moving towards a more ‘activist foreign policy’ presenting a clear threat to the USSR. Kennan, seen as the father of containment was a crucial figure in the emergence of Cold War tensions in Europe through his writings that inspired the Truman doctrine. Whilst looking at the effects of the Truman Doctrine it is imperative that we look at the role Kennan took in not only promoting containment as a strategy of foreign policy but also defining the Soviet Union. From Moscow Kennan sent the ‘Long Telegram’ suggesting that the USSR was an aggressive nation and that the only successful form of American foreign policy would be a long term strategy of containment. Kennan encouraged the US to view the Soviet Union as ‘inherently expansionist and aggressive’, in effect suggesting that the USSR should be seen as the enemy. While Kennan explained his actions as not ‘directed at combating communism but restoration of economic health’ in Europe it is clear that his constant rhetoric describing the Soviet Union as a threat that needed to be contained did much to not only encouraging domestic fear and anti communist views but also to provoke the Soviet Union into changing its foreign policy. Kennan would further influence the escalation of tensions through the role he played in the Marshall Plan. The Marshall Plan, like the Truman Doctrine, may not have intended to divide Europe, for a number of reasons this was the final outcome. Based around the ideas that ‘The seeds of totalitarian regimes are nurtured by misery and want’ the Marshall Plan was seen as necessary to avoid the spread of communism. The Marshall Plan was seen by the American administration as the ‘next important step against the perceived Russian threat’ as it was imperative to remove the misery and want which was rife in an economically ruined Europe. However, to the USSR the Marshall Plan was perceived quite differently, it was a western attempt to encroach on their sphere of influence. The Marshall Plan had far wider reaching consequences that simply supporting a recovering Europe economically. Through looking at the Soviet reaction to the Marshall Plan we see that it played a key role in the crystallization of Cold War tensions in Europe. The reaction to the Marshall plan by the Soviet Union marked a turning point in relations between east and west Europe as they served to split countries whose ideologies were drifting further apart. As the Marshall Plan was arguably the spark set off the chain of events it can be seen as hugely important in the crystallization of Cold War tensions in Europe. Whilst the Truman doctrine may have put a strain on relations between America and the Soviet Union the Marshall Plan as Myrdal, who guided the Economic Commission for Europe saw it, it would ‘secure the iron curtain and bring on war’. The Marshall plan therefore seems to have been the point at which Europe was split as it presented to the nations of Europe the choice between the two great powers and their ideologies. To revisionist historians such as Kolko the Marshall plan served the purpose of bringing Soviet fears to the fore and thus increasing tensions. It is clear that the Marshall plan ‘forced Stalin to reassess his stance towards East and West Europe’ which escalated Cold War tensions. Many revisionist historians will argue that the Soviet reaction to the Marshall Plan was one natural for a country that felt weak and under attack. It could be argued that the Marshall Plan in the eyes of the USSR was a concerted attempt by the United States to undermine Soviet influence in Eastern Europe. To Taubman and Kolko it is therefore clear that it was the Marshall Plan that sparked the escalation of tensions. Whilst it could be argued that this was not the case as the Marshall Plan was open to Soviet participation Crockartt shows that the US administration took steps to avoid communist participation in the plan. Kennan, who as aforementioned had been clear about his views on containment and the Soviet Union made sure that the plan ‘be done in such a form that Russian satellites would either exclude themselves†¦or agree to abandon the exclusive orientation of their economies’. This therefore encouraged divisions within Europe, as now there was a clear indication of whether or not the country subscribed to East or West ideologies. Furthermore many argue that the inclusion of Soviet states was due to a ‘desire not to invite the charge that the ERP was an anti-communist measure’ rather than a genuine offer of financial aid. One could therefore argue that it was not surprising that the plan caused tensions, as soviet inclusion was highly unlikely. The extent to which the Soviet Union felt threatened can be seen through actions taken as a result of the Marshall plan, seen by historians such as Gaddis as a turning point in the development of the Cold War. The Soviet Union now seemed to act on a wish to unite the communist parties around Eastern Europe through the introduction of organizations such as Comiform. The Communist information Bureau can be seen as an attempt by Stalin to bring the communist parties around Europe under more soviet control. Furthermore the Molotov Plan, seen by many as a Soviet version of the Marshall plan, aimed to provide financial aid for struggling economies that fell under soviet influence. The influence the Marshall Plan can be seen clearly through the introduction of the Molotov plan as it suggests that either Eastern European countries were so affected by their rejection of the Marshall Plan they needed a similar proposal or Stalin felt so threatened he felt the need to create his own version. However perhaps the most striking Soviet reaction to the Marshall Plan was the events that took place in Czechoslovakia in 1948. The impact can be illustrated in the fact that the only remaining non-communist leader in Eastern Europe was removed, shocking the United States and heightening the divisions between east and west, polarizing both powers. The Czech coup, in which the communist part, with strong Soviet support assumed total control over the Czech government and purged any non communist political figures. Furthermore the ‘Stalinization’ of both Czechoslovakia and Hungary’s societies due to fears brought about by the Marshall plan further intensified the differences between east and west. Through the introduction of the collectivization of farming, an emphasis on manufacturing and a suppression of opposition eastern European countries were forced to become more extreme in their politics, separating Europe and increasing Cold War tensions. The reaction by the US illustrated the impact of events in Czechoslovakia as they it aided the swift implementation of the Marshall Plan, the creation of West Germany and in under a year the creation of NATO. It is clear to see therefore that the Marshall Plan played a key role in escalating tensions between the east and west in Europe. However, these views have been challenged. Although the impact of the combination of the Marshall Plan and the Truman Doctrine was undeniable in moving Europe towards a period of Cold War tensions the extent of their impact is a source of debate. The importance of the Marshall Plan is undermined by a number of issues that show that although it may have played an important role in the crystallization of Cold war tensions in Europe it was by no means the only influence. Historians such as Crockartt will point out the fact that one needs to consider the fact that both nations had hugely differing political styles and circumstances. The Soviet Union entered this period with ‘enhanced prestige after playing a key role in defeating the Nazis’and possessed, through ruling communist parties, tight control over their sphere of influence. The United States however placed a much greater emphasis on the justification of their actions abroad through official documents and formal organizations, as they did not, as the communists did, have puppet rulers in foreign governments. Therefore it could be argued that these differences in political style were the truly important factors in the consolidation of Cold War tensions rather than particular events or policies. However, whilst the differing political styles may have been important these were long term issues that had a constant role in the diplomacy between the USSR and the US. It would be difficult therefore to argue that these played any decisive part in the crystallization of the tensions these differences helped to create. Therefore it could be argued that actions such as the announcement of the Marshall Plan and documents such as the Truman doctrine were the real cause of the solidification of these tensions. One must look at this period of time not just as a chronological series of events but place these events within the framework of the political, social and economic features also prominent at the time. Much of the post-revisionist historiography, with the benefit of hindsight, takes into account these complexities and sees the causes of Cold War tensions in Europe as far more diverse. When these issues are taken into account we see that there was a host of issues at the time all culminating to solidify Cold War tensions in Europe. As aforementioned the Soviet Union entered the period with a new identity, that of a great power of the world. Both the US and the Soviet Union had to react to this change of order and historians such as David Reynolds will even argue that the Cold War was inevitable given the shared history between the two powers. However although tensions may have been inevitable, as mentioned earlier, the solidification of these strains seems to revolve around the implementation of the Truman Doctrine and the Marshall Plan as they polarized the nations ideologies and pulled them further apart. As Crockartt explains revisionist historians view American economic expansionism for capitalist profits as at the heart of tensions between the United States and the USSR and it was the differences in the two nations ideologies that solidified divisions. American determination to keep ‘western Europe (as a) safe arena for international capitalism’ was the fundamental force of strains between the US and the Soviet Union. The wording of President Truman’s message to congress on March 12 1947 regarding US involvement in Greece and Turkey arguably shows the intertwined nature between American foreign policy and capitalist gains. In his address persuading congress to assist Greece and Turkey Truman refers to capital spent on the Second World War as an ‘investment’ in world freedom. The document makes it clear that, to the US administration economic stability and freedom from communism are inextricably linked. The Marshall Plan can hoever be seen as the manifestation of these ideologies and therefore this argument suggests the Marshall Plan had an even greater influence. Furthermore the importance of the Truman Doctrine in heightening Cold War tensions in Europe is called into question as Painter points out Stalin did little to significantly support the efforts of the Greek communists. Whilst some may argue that this because of the success of US aid, others would see it as undermining the significance of the Truman doctrine as Stalin only showed slight concern for the success of communist rebels in Greece. However this could be because of strains in Soviet relations with Yugoslavia being a greater priority that the potential of a Greek communist uprising. Furthermore although Soviet reaction to the Truman Doctrine may have shown reluctance to act on Stalin’s part, US actions in Greece, Turkey and Iran showed their ‘determination to maintain Western access’ to overseas trade zones. The Truman Doctrine and the Marshal plan played an undeniable role in escalating Cold War tensions between 1945 and 1951. Although they may not have formed the basis of these tensions, which had built up in the post-war years, they seem to act as the nail in the coffin for US/Soviet relations. One could argue that as a result of the definition of not only their differences, but also the definition of the Soviet Union as aggressive and expansionist, the Truman Doctrine waved in an era of hostility. The Marshall Plan further polarized European states as one either subscribed to Marshall aid, or didn’t, in effect the Iron Curtain was drawn. One must never overlook the issues that formed the basis of tensions between the US and the USSR as these similarly contributed to the crystallization of cold war tensions. At the crux of strains between the US and the USSR were the disparate ideologies the two nations held at the heart of their foreign policy and as a result the contrasting ways of looking at events and actions. This period sees the polarization of these ideologies and therefore the solidification between the two nations can be seen as inevitable. However, fundamentally the Marshall Plan and The Truman Doctrine provided a platform for these tensions to develop and escalate and because of this they were hugely important in the crystallization of Cold War Tensions in Europe. Bibliography: Primary Sources: President Trumans Message to Congress; March 12, 1947; Document 171; 80th Congress, 1st Session; Records of the United States House of Representatives; Record Group 233; National Archives. Secondary Sources: Crockatt, R., Fifty Years War: United States and Soviet Union in World Politics (London 1996) Barros, J., Trygve Lie The UN Secretary-General Pursues Peace, 1946-1953 (Illinois 1989) P.125 J. L., Gaddis, We Now Know: Rethinking Cold War History (1997) J. L., Gaddis, Strategies of Containment†¬: A Critical Appraisal of American National Security Policy During the Cold War†¬ (Oxford 1982)†¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬ Hogan, M. J., The Marshall Plan: America, Britain, and the Reconstruction of Western Europe, 1947-1952 (US, 1990) Review by Charles S. M., in American Visions and British Interests: Hogans Marshall Plan Kolko, G., The Limits of Power: The world and United States Foreign Policy, 1941-1949 (1970) Painter, D. S., The Cold War: An Interdisciplinary History (London, GBR) Taubman, W., Stalin’s American Policy: From Entente to Dà ©tente to Cold War (New York 1982) p.172-3

Freedom of contract essay, types of contracts

Freedom of contract essay, types of contracts THE PRINCIPLE OF FREEDOM OF CONTRACT INDEX Summary †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3 Giving efficacy to a contract †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 5 The importance of good faith †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 Unconscionable bargains †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 6 Unreasonable conditions in the contract of insurance †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 7 ‘Subject to contract’ term †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 Exemption clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Contract of sale of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Consumer protection †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 Standard form contracts †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Exclusion clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Penalty clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 13 Contract of agency †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 Tenancy law †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 Carriage of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 18 Freedom of contract for players †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 List of case laws †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 Summary The premise for the principle of freedom of contract is that the parties could make agreements on a wide variety of subjects and choose those terms that they agree as convenient for the fulfilment of the contract. Court normally refrain from questioning the substance of bargains and would ensure only that the parties have observed appropriate formalities. The principle of freedom of contract is similar to the civil law rule of pacta sund servanda that has regulated the domestic, international and transnational commercial agreements. While interpreting the contract, the courts have to be objective because in the process of interpretation the courts should not create new contracts. Courts would seek to ascertain either what the parties intended or if this is not forthcoming from the terms of the contract then apply the test of how the words would be understood by a reasonable person. Thus contract law is a series of abstractions formed by individual autonomy and judicial deference. But the principle is not unfettered. The legislations limit the scope of contract for protecting social welfare and consumer protection statutes. This gave the courts scope to develop exceptions which is discussed in detail in this paper. Courts began to police the fairness of agreements, developing new doctrines like unconscionability that allowed them to intervene to protect parties with unequal bargaining power. The fact that the principle of freedom of contract continues to share the stage with competing principles should not be surprising. Law always reflects a community’s values and the continuing conflict in our societies between individual freedom and public control[1]. The conflict is unavoidable in a liberal democracy and the best approach is to make reasonable compromise after a case by case analysis. The nature of such compromises will keep changing as the society’s interests evolve leading to the liberal or restricted application of the principle. In this paper the principle of freedom of contract is examined on basis of the hypothesis that the theory of freedom of contract leads the courts to passively enforce the intentions of the parties. In reality, however, the law of contract gives the courts scope to use discretion and do what is fair and reasonable between the parties. However the paper does not conclude that the principle has been watered down by interference from the court of law but has only assisted in exceptional circumstances when the bargaining power of the parties are not the same or when unreasonable and unconscionable contracts are formed. It would be anomalous to conclude that the principle of freedom of contract is far removed from practice. In fact where commercial agreements are entered into by equally competent parties the court do not read anything more to the contract than what was intended by the parties while entering into the contract. The paper examines the principle from general contract law perspective and also analyses special contracts such as the contract of sale, insurance, carriage of goods and agency. Introduction The general principle of the contract law gives prominence to the concept of intention of parties when entering into a contract. This assumption leads to the development of the thought that the parties are individuals with reasoning and are free to enter into any form of contract so long as there is consensus. The intention of the parties is significant in determining whether there is consensus ad idem among the parties entering into the contract. The emphasis on the intention of the parties is logical where a term is implied in fact. Under common law any person is entitled to exercise any lawful trade subject to restraint of trade for public policy reasons. This doctrine extends to contracts restricting the way in which a tradesman carries on business on a piece of land, and to restraints imposed by the rules or practices of professional or other bodies controlling particular activities. In Petrofina (Great Britain) Ltd v Martin[2], it was held that the agreement which restricts the supply of motor fuel only to one particular supplier was valid because it did not affect public policy and parties have voluntarily entered into the contract. The doctrine of restraint of trade whether partial or general restraint, will be good only if they are reasonable and is within the circumscribed limits of the interest of the public, the covenantee and the covenantor. Any restriction upon the freedom of contract to which the restraint of trade doctrine applies must be shown to be reasonably necessary for the purpose of the free dom of trade.[3] A restraint reasonably necessary for the protection of the covenantee must prevail, unless some specific ground of public policy can be clearly established against it. In Russell v Amalgamated Society of Carpenters and Joiners[4] where the area from which the employers, not parties to the agreement, could obtain workmen was held unreasonably restricted. The principle of freedom of contract and the enforcement of contractual promises against the promisor arises out of the economic necessity of compelling observance of bargains and the moral justification that promise was freely given. The evolution of this principle can be traced back to the Slade’s case[5] where the action of assumpsit (where the essence of the undertaking was considered while interpreting commercial contracts) was applied. The action of assumpsit was abolished in the 19th century and left behind the principle of the freedom of contract which evolved over the years with some carve outs and exceptions. The courts still consider the principle of the freedom of contract vital but certain assumptions need to be fulfilled such as equality of bargaining power and legality of the contract. Also to some extent, the law has interfered with[6] or excused a party from literal performance of his promise. This is especially true when we consider the doctrine of frustratio n[7]. Nevertheless it remains generally true that the law of contract does not lay down rights and duties, but rather imposes a number of restrictions subject to which the parties may create by their contract such rights and duties as they wish. Much of the litigation is for determining the construction of the contract to determine what the promisor promised. The earliest case law on the freedom and sanctity of contract was in 1795 in Cutter v Powell where a seaman who was to be paid his wages after the end of a voyage died just a few days away from port. His widow was not able to recover any of his wages because he had not completed performance of his contractual obligation.[8] The civil law principle of pacta sund servanda means the promises and prior commitments must be fulfilled and is similar to the principle of freedom of contract. Pacts and clauses are law between the parties and imply that the non fulfillment of respective obligations is a breach of the pact. The role of the courts is minimal to balance the principle of freedom of contract and protect the weak contracting parties. Giving efficacy to a contract While giving efficacy to contracts, the courts have construed the intention of parties but the courts do not cross the line and create new contracts thereby giving any one of the contracting party a new advantage. A term is implied where it is necessary in the business sense to give efficacy to the contract. The well known tests for construing the contract are: the intention of the parties; or the test of a reasonable person. The intention of parties test bolsters the principle of freedom of contract as the courts would be enforcing obligations on parties as envisaged at the time of entering into the contract. However the second test i.e.: the reasonable person test somehow stands antithetical to the principle of freedom of contract. The test may find use under certain peculiar circumstances, reflecting implications in law. An implied warranty or a covenant in law, as distinguished from an express contract or warranty is really founded on the presumed intention of the parties, and upon reason. The implication which the law draws from what must obviously have been the intention of the parties is drawn with the object of giving efficacy to the transaction. The importance of good faith During the 19th century the English courts had a much more relaxed attitude towards the good faith and other elements of the contract, holding the freedom of contract principle as the sine qua non for parties to deal with the promises made. The courts now strike down agreements on the grounds of illegality, incapacity, mistake, duress, misrepresentation, implied terms, frustration and unfairness. Using the principles of equity, the courts have diminished the severity of the common law principle. The courts look beyond the form of the contract and look at the intention of the parties to construe a contract. According to Professor Summers[9], the American Restatement[10] bestows a general and residual duty of good faith contractual performance which may be enforced in the absence of any more specifically exigible contractual provision or statutory superimposition. But this argument is not without criticism. Without the backing of the good faith principle the principle of freedom of con tract would seem unfettered where the parties are free to write their own contracts and that the law does not have a role to import any terms or conditions other than those expressly agreed or necessarily implied by the parties. Unconscionable bargains The courts have time and again interfered with the terms of the contract even in the absence of duress or undue influence if the terms of the contract are harsh or unconscionable. It not just sufficient to establish that one party has a better bargaining power. It has been held in Burmah Oil Co v Bank of England[11] that equity will not intervene merely because one party has superior bargaining power. There should be some form of economic duress or unilateral mistake as to the terms of the contract. Under English law, relief is given to one, who without independent advice, enters into a contract on terms that are very unfair or transfers property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or brought to bear on him by or for the benefit of the other.[12] There were views based on the thesis that in order to interfere with the principle of freedom of contract on the grounds of unconscionable bargain, ther e should be statutory basis such in the case of unfair consumer trade practices, extortionate credit bargains, swinging exclusion clauses and unfair terms. But subsequent case law decided by the Court of Appeal suggests that the exception to the principle of freedom of contract to protect weaker contracting party (inequality of bargaining power) has survived.[13] The remedies available in respect of unconscionable bargains are subject to the same rules as applicable under undue influence that was laid down in Allcard v Skinner[14]. A party will not be granted relief against an agreement on the basis of unconscionable bargain unless he can show impropriety by the other party in the manner in which the agreement was reached and the terms of the agreement.[15] In Boustany v Pigott[16], the Privy Council laid down the following principle. It is not sufficient to attract the jurisdiction of equity to prove that the bargain is hard, unreasonable or foolish. The party claiming unconscionable bargain has to prove that the contract is unconscionable in the sense that one of the parties has imposed an objectionable term in a morally reprehensible manner that is to say in a manner which affects his conscience. Therefore unconscionable does not just reflect the terms of the bargain but looks at the behavior of the stronger party which may be tainted by moral culpability or impropriety. Unequal bargaining power or objectively unreasonable terms does not provide a basis for equitable interference in the absence of unconscientious or extortionate abuse of power. As a matter of fairness the strong should not be allowed to push the weak to the wall. Thus a contract cannot be set aside as an unconscionable bargain against a party who is not guilty of act ual or constructive fraud. Even if the terms of the contract are unfair in the sense that the contract favors one party more than the other party, equity will not provide any relief unless the beneficiary is guilty of unconscionable conduct. The party seeking the relief must establish unconscionable conduct viz. that unconscientious advantage has been taken resulting in a disabling condition or circumstance. Unreasonable conditions in the contract of insurance A stipulation in a policy may be capricious or unreasonable leading to non enforceability of a fundamental term of the contract. This view does not reconcile with the principle of freedom of contract under English law. This exception is however relevant when the contract terms concluded between an insurer and a consumer is unfair. A condition in an insurance policy which is contrary to public policy is unenforceable, for example a condition by which the insurers impliedly undertake to pay the insured’s personal representatives if the insured under a life policy kills himself while not mentally disordered.[17] But a condition that prevents the policy holder from joining military services is not against public policy i.e.: it cannot be considered that exclusion of cover to a person joining military services cannot be deterrence from performing national duty.[18] Where the conditions are such that it is impossible to perform the conditions from the outset then such conditions are simply disregarded as they are a nullity. ‘Subject to contract’ term ‘Subject to contract’ is a phrase which points to a prima facie evidence for declaring that a concluded contract does not exist. The circumstance in which the parties may enter into such agreement arises when all the terms have not yet been negotiated and agreed. This allows a huge scope for thorough negotiation among contracting parties. However when analyzing some of the case laws one gets an impression that the courts have at times entered into the realm of contracts and added new dimensions to the agreements. In Boyle v Lee[19], Finlay CJ (Hederman J concurring) and O’Flaherty J held that there was no concluded contract because the parties did not agree everything they thought essential. In Embourg case[20] it was held by a unanimous judgment that a contract stated in the documentation such as the estate agent’s and the solicitor’s letters as subject to contracts until the contract is exchanged between the parties and meant that no binding contra ct came into existence because no exchange was made. This was the view the court took despite the fact that both the parties had signed the copies of the formal contract drawn up by the vendor’s solicitors. However a more liberal view was taken in Moran v Oakley Park Developments Ltd[21] where it was held that contract will be enforceable under the doctrine of part performance if the court is satisfied that a concluded oral agreement has been reached between the parties to the contract. Therefore the phrase ‘subject to contract’ purports to deny the existence of the concluded contract and protects the parties in negotiations. The Law Reform Commission also considered the possibility of enforcing such agreements.[22] After examining the implications on the freedom of contract principle the Commission felt that if an agreement were to be enforced as soon as the price were agreed, there would have to be some mechanism for settling other terms. The Commission noted that the Working Group on Land Law and Conveyancing Law had failed to come up with a statutory set of conditions and that a court or arbitrator would be able to settle terms in simple cases only. Generally such phrases like ‘subject to contract’ are seen in contracts of sale. Exemption clause The contract of sale allows for contracting out of the implied terms by express provisions and this is recognized as valid under the Sale of Goods Act 1979. Most of the implied terms deal with the quality of the goods. Under the Sale of Goods Act there are implied terms relating to the title to the goods for the vendor, terms regarding quality and fitness, sale by description implies that the goods match the description and in cases of sale by sample the goods are to match with the sample examined by the purchaser. Under the Supply of Goods and Services Act 1982 there is implied terms relating to care and skill, time of performance and consideration. The habit of ousting the implied terms by express contractual provision had become a widely practiced technique at all levels of commerce, and had received a steadily growing impetus from the ubiquitous appearance of standard contracts on the economic scene. In fact restrictions preventing the use of exemption clause for contracting out of implied terms in a contract of sale can be seen only in cases of consumer sales. However attempts to contract out of the implied term with respect to the title of the property were held to be void in all contracts of sale. Thus a term excluding or restricting the seller’s liability for breach of any of the implied terms would not be enforceable to the extent that it is shown that it would not be fair or reasonable in the circumstance of the case to allow reliance on such terms. Contract of sale of goods The sale of goods is an important branch of the contract law which deals with the sale and purchase of movable assets and relies heavily on the principle of freedom of contract. The seller and buyer normally enter into a contract, oral or written for performing their respective obligations for the purpose of concluding the transaction of sale. The principle of freedom of contract was preserved by the Sale of Goods Act 1893 where it is expressly provided that any right, duty or liability arose under the contract of sale by implication of law could be negatived or varied by express agreement or by the course of dealing between the parties or by usage, if such usage can bind both the parties to the contract. This provision was retained in the subsequent Sale of Goods Act 1979. But the 1979 Act further limited the application of the principle of freedom of contract by subjecting it to the Unfair Contract Terms Act 1977 which limits the extent to which the parties to a contract may negati ve or vary the rights, duties and liabilities arising there from. This principle also finds place in the Supply of Goods and Services Act 1982. Consumer protection The concept of consumer protection gives a different twist to the principle of freedom of contract. Laws that attempted to enforce fair trading was formulated to protect an honest trader from other unfair competing traders. In a consumer level transaction there is significant difference in the bargaining positions of the buyer and the seller. There is no statutory definition for the term ‘consumer’ and in the European Union law the term ‘consumer’ is usually limited to any natural person[23], under English law the term ‘consumer’ is not limited to individuals under the Unfair Contract Terms Act 1977. Even the Consumer Protection Act 1987 contains no statutory definition of the term ‘consumer’. By virtue of the Unfair Terms in Consumer Contracts Regulation 1999, ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business or profession. Standard form contracts The commercial organizations may normally have standard form contracts where the terms are already laid down and it is expected that the party contracting with the commercial organization has to enter into the standard form contract. In such a circumstance there is no scope for any form of negotiation and the principle of freedom of contract is has no application except to the extent that the party may exercise discretion to refuse to enter into the standard form contract. In many cases the standard form is formulated by the trade association or as laid down in the statute. These standard terms may further be circumscribed by the concept of public policy. To an extent the standard form of contract helps to save time and allocate risk appropriately in commercial transactions. Such contracts commonly have certain boiler plate provisions such as the clauses relating to arbitration, consideration, choice of laws, definitions, exclusions, force majeure etc. Since this arrangement affects free negotiability of the terms of the contract, standard forms are subject to the test of reasonableness and some exclusion clauses limited or abrogated. Exclusion clause The exclusion clause is found in a contract where the parties wish to exclude statutory provisions under certain circumstance. Even if the statute does not deal with the status of the exclusion clause, there is no general rule that the courts can interfere to prevent giving effect to the exclusion clause if there is nothing unreasonable or unconscionable. But such exclusion clauses cannot protect a person from his own frauds. Even though the courts do not have a general power to strike out exclusion clauses, the following are some of the situations where the courts of law felt that it was appropriate to interfere with the principle of freedom of contract. A contracting party seeking to rely on an exclusion clause to save himself from liability in contract or tort to the other contracting party must show that it was incorporated as a term of the contract, which usually involves the taking of reasonable steps to bring it to the notice of the other party.[24] Similar principles of incorporation of the terms of the contract apply to the exclusion by non-contractual disclaimer of tort liability.[25] An exclusion clause is to be construed strictly against the party who introduced it and seeks to rely on it[26] (the contra proferentum rule); Whether a clause amounts to an exclusion clause is a matter of substance and effect, so that a similar attitude is taken to indemnity clauses inserted for the same purpose.[27] There is no objection to the public policy grounds to excluding rights of set-off.[28] If an equitable remedy is sought, the discretion of the court cannot be fettered by a contractual provision.[29] Where there is a contract between A and B containing an exclusion clause, a third party, X, will not be allowed to shelter behind the clause in the absence of clear evidence that he is a party to the contract and that the clause was intended to protect him. Similarly the burden of an exclusion clause in such a contract will not generally be imposed on him. The courts may either seek to establish the effect of the contract as a whole, taking into account the exclusion clause in defining the obligations of the parties or the exclusion clause may be regarded as a defence, in which case the court might establish the prima facie ambit of the contractual obligation without the exclusion clause and then consider the effect of the exclusion clause on that prima facie liability.[30] The exclusion clause should be clear to give effect to and to deprive one of the contracting parties of all contractual force with respect to the stipulations in the contract.[31] The task of the courts has been to look at the event and the consequent breach in order to ascertain from the words and conduct of the parties which created the contract between them what their presumed intention was and what should be their legal rights and liabilities whether they should be either original or substituted upon the occurrence of an event of that kind. The basis for the interference to the principle of the freedom of contract is only to the extent of deriving the intention of the parties and determines what was actually excluded and what were retained. Penalty clause Under the law of equity, the contracting party is relieved from the penalty clause where the intention of the penalty is to secure the payment of a sum of money or the attainment of some other object, and when the event based on which the penalty is made payable can be adequately compensated by payment of interest or otherwise. The true ground of relief against penalties arises from the original intention of the parties in the case.[32] In Photo Production Ltd v Securicor Transport Ltd[33] it was held that an agreement must not impose upon the breaker of a primary obligation a general secondary obligation to pay to the other party a sum of money that is manifestly intended to be in excess of the amount which would fully compensate the other party for the loss sustained by him in consequence of the breach of the primary obligation. In Jones v Society of Lloyds[34], Lloyds devised a reconstruction and renewal settlement offer to provide financial assistance to Lloyd’s names in m eeting their accrued liabilities to Lloyds. The settlement included a ‘finality amount’ which was a sum, less than the amount owed by the name, that was required to be paid in order to discharge their liability to Lloyds and a clause in the agreement provided that if an accepting name failed to pay his finality payment then the settlement credits would be lost and he would, therefore, be required to pay the entirety of his liability. It was held that the mechanism was a reverse of the penalty clause and that it was a conditional benefit. Penalty clauses do not find favor before a court of law where it related to penalty in a money bond, payment of money by installments such as hire purchase agreements or for doing or omitting to do a particular act. There should be sufficient reasons for the court to interfere with the freedom of contract and will not generally, merely because a person has made an improvident contract, relieve him from its consequences[35]. The relief is granted only where compensation can be made for the breach. The power to strike down a penalty clause in a contract does not reconcile with the principle of freedom of contract and is designed for the sole purpose of providing relief against oppression for the party having to pay the stipulated sum. It has no application in the cases where there is no oppression.[36] Equity and common law allows interference where the contract is unconscionable or oppressive. Such circumstances arise as a result of : the degree of disproportion between the stipulated sum and the loss likely to be suffered by the plaintiff. This factor is relevant for determining the oppressiveness of the terms of the defendant. the nature of the relationship between the contracting parties. This factor is relevant for determining the unconscionability of the plaintiff’s conduct in seeking to enforce the penalty clause. Before such relief is granted, the courts have to ascertain whether the sum specified in the contract as payable in the event of breach of contract is a penalty or liquidated damages, that is whether at the time of entering into the contract the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for the breach of contract.[37] In Nutting v Baldwin[38]

History Of Taj Hotel Tourism Essay

History Of Taj Hotel Tourism Essay The Company was incorporated in 1902 and it opened its first hotel, The Taj Mahal Palace Tower, Mumbai, in 1903. The Company then undertook major expansion of The Taj Mahal Palace Tower, Mumbai by constructing an adjacent tower block and increasing the number of rooms from 225 to 565 rooms. From the 1970s to the present day, the Taj Group has played an important role in launching several of Indias key tourist destinations, working in close association with the Indian Government. The Taj Group has a philosophy of service excellence which entails providing consistently high levels of personalized service and innovative means of improving service quality. The Taj Group has been active in converting former royal palaces in India into world class luxury hotels such as the Taj Lake Palace in Udaipur, the Rambagh Palace in Jaipur and Umaid Bhawan Palace in Jodhpur. In 1974, the Taj Group opened Indias first international five star deluxe beach resort, the Fort Aguada Beach Resort in Goa. In 1980, the Taj Group took its first step internationally by opening its first hotel outside India In 1984, the Taj Group acquired under a license agreement each of The Taj West End, Bangalore. During the 1990s, the Taj Group continued to expand its geographic and market coverage in India. In 2000, the launch of the 56 acre Taj Exotica, Goa and the Taj Hari Mahal in Jodhpur were completed. In 2003, the Company celebrated the centenary of the opening of its Flagship hotel, the Taj Mahal Palace Tower, Mumbai. In 2005 the Company acquired on lease The Pierre, a renowned hotel in New York City, to enter the luxury end of the developed hotel markets internationally . Introduction Of Taj Hotel The Indian Hotels Company Limited (IHCL) and its subsidiaries are collectively known as Taj Hotels Resorts and Palaces and is recognised as one of Asias largest and finest hotel company. Incorporated by the founder of the Tata Group, Mr. Jamsetji N. Tata, the company opened its first property, The Taj Mahal Palace Hotel, Bombay in 1903. The Taj, a symbol of Indian hospitality, completed its centenary year in 2003. Taj Hotels Resort and Palaces comprises more than 60 hotels in 45 locations across India with an additional 15 international hotels in the Malaysia, United Kingdom, United States of America, Bhutan, Sri Lanka, Africa, the Middle East and Australia. Spanning the length and breadth of the country, gracing important industrial towns and cities, beaches, hill stations, historical and pilgrim centres and wildlife destinations, each Taj hotel offers the luxury of service, the apogee of Indian hospitality, vantage locations, modern amenities and business facilities. Service Segmentation By Taj Hotel IHCL operate in the luxury, premium, mid-market and value segments of the market through the following: Taj (luxury full-service hotels, resorts and palaces) is our flagship brand for the worlds most discerning travelers seeking authentic experiences given that luxury is a way of life to which they are accustomed. Spanning world-renowned landmarks, modern business hotels, idyllic beach resorts, authentic Rajput palaces and rustic safari lodges, each Taj hotel reinterprets the tradition of hospitality in a refreshingly modern way to create unique experiences and lifelong memories. Taj also encompasses a unique set of iconic properties rooted in history and tradition that deliver truly unforgettable experiences Taj Exotica is our resort and spa brand found in the most exotic and relaxing locales of the world. The properties are defined by the privacy and intimacy they provide. The hotels are clearly differentiated by their product philosophy and service design. They are centered around high end accommodation, intimacy and an environment that allows its guest unrivalled comfort and privacy. Taj Safaris are wildlife lodges that allow travelers to experience the unparalleled beauty of the Indian jungle amidst luxurious surroundings. They offer Indias first and only wildlife luxury lodge circuit. Taj Safaris provide guests with the ultimate, interpretive, wild life experience based on a proven sustainable ecotourism model. Upper Upscale Hotels (full-service hotels and resorts) provide a new generation of travelers a contemporary and creative hospitality experience that matches their work-hard play-hard lifestyles. Stylish interiors, innovative cuisine, hip bars, and a focus on technology set these properties apart. The Gateway Hotel (upscale/mid-market full service hotels and resorts) is a pan-India network of hotels and resorts that offers business and leisure travelers a hotel designed, keeping the modern nomad in mind. At the Gateway Hotel, we believe in keeping things simple. This is why, our hotels are divided into 7 simple zones- Stay, Hangout, Meet, Work, Workout, Unwind and Explore. Ginger (economy hotels) is IHCLs revolutionary concept in hospitality for the value segment. Intelligently designed facilities, consistency and affordability are hallmarks of this brand targeted at travelers who value simplicity and self-service. Taj Hotels also promise a whole new experience of tranquillity and total wellness, through Jiva Spas a unique concept, which brings together the wisdom and heritage of the Asian and Indian Philosophy of Wellness and Well-being. Rooted in ancient Indian healing knowledge, Jiva Spas derive inspiration and spirit from the holistic concept of living. There is a rich basket of fresh and unique experiences under the Jiva Spa umbrella of offering, Yoga and Meditation, mastered and disseminated by accomplished practitioners, authentic Ayurveda, and unique Taj signature treatments. Royal traditions of wellness in service experiences, holistic treatments involving body therapies, enlivening and meaningful rituals and ceremonies and unique natural products blended by hand, come together to offer a truly calming experience. Taj Air, a luxury private jet operation with state-of-the-art Falcon 2000 aircrafts designed by Dassault Aviation, France; and Taj Yachts, two 3-bedroom luxury yachts which can be used by guests in Mumbai and Kochi, in Kerala. Taj Sats Air Catering Ltd., the largest airline catering service in South Asia, as a joint venture with Singapore Airport Terminal Services, a subsidiary of Singapore Airlines. CORPORATE SUSTAINABILITY AND SOCIAL RESPONSBILITY As a part of Tatas; Indias premier business house; we; at Taj Hotels, have always believed in society and environment being integral stakeholders in our business along with our shareholders, customers, vendors and others. We promote corporate citizenship through our strategic public-private partnerships which encourage building livelihoods of less-advantaged youth and women. The causes we promote include reducing malnutrition, promoting indigenous artisans and craftsmen and enhancing employability of identified target groups by sharing our core competencies as a leading hospitality company. We encourage training and development of differently able youth. We at Taj have the unique scope and opportunity to develop raw potential into a skilled workforce that is immediately employable by various players in the industry. A majority of our community projects are focused around extending our key strengths in food production, kitchen management, housekeeping, customer service and spas to promote economic empowerment of candidates from vulnerable socio-economic backgrounds. We are fully committed to the cause of building a sustainable environment by reducing the impact of our daily operations on the environment and improving operational efficiencies, resource conservation, reuse and recycling of key resources. Vision The Taj Group of Hotels commits itself to the overall improvement of the ecological environment, which we are all a part of. We recognize that we are not owners but caretakers of the Planet and owe it to our children and future generations of humankind. It is our endeavour not only to conserve and protect but also to renew and regenerate the environment in which we live and operate.Our commitment encompasses all actions related to our products, services, associates, partners, vendors and communities.We will partner and engage with our environment through EARTH: Environmental Awareness and Renewal at Taj Hotels. For us EARTH is not a program, nor a process; it is a way of life. EARTH( Enviornment Activities) In an endeavour to reinstate its vision and efforts to boost sustainable tourism, Taj Hotels Resorts and Palaces presented EARTH (Environment Awareness Renewal at Taj Hotels) this year. Implementing schemes such as the Gangroti Glacier Clean-Up Expedition, as well as designated Earth rooms, which minimise environmental impact, Taj is one of Asias largest group of hotels to commit to energy conservation and environmental management. EARTH has received certification from Green Globe, the only worldwide environmental certification program for travel and tourism. The Taj began a century ago with a single landmark The Taj Mahal Palace Hotel, Mumbai. Today, the various Taj hotels, in all their variety and historical richness, are recognised internationally as the symbols of true Indian hospitality. The Companys history is integral to Indias emergence into the global business and leisure travel community; and looking to the future, Taj Hotels Resorts and Palaces is well positioned to meet the increase in travel activity with the rapid expansion of the Indian economy. Taj Hotels has joined the internationally-recognised Green Globe benchmarking and certification system as an extension of its existing environmental policies. Taj Hotels has long recognised that as a leader it has an important contribution to make and a responsibility to demonstrate to others how they can be part of the fight against climate change. Corporate Governance Taj has been practicing good Corporate Governance even before Securities Exchange Board of India (SEBI) made it a mandatory requirement from 2001. Out of more than 5000 companies listed with the Bombay Stock Exchange the Company is categorized as an A Group Company which group comprises only 200 companies and the criteria for selection is based on Market Capitalisation, Liquidity, Industry Representation, Listed History and track record of Compliance. Being a TATA group Company, the Company goes beyond the mandatory requirements of Corporate Governance and conducts business in a fair and transparent manner. It maintains good investor relationships and endeavors to deliver to investor consistent quality services. Customer facilities Taj Hotel Exotica Resort Spa Maldives, is an exclusive, private and romantic island resort lush with tropical plants and encircled by clear blue waters of one of the largest lagoons of the Maldives. Taj Hotel Exotica Resort Spa Maldives spreads idyllically along a pristine beach and the serene lagoon. The award-winning resort, now re-launched, seamlessly extends the magic of the islands blessed natural beauty in its design even as it offers the finest contemporary luxuries and services. Taj Hotel Exotica Resort Spa Maldives offers 59 Rooms and 3 Suites. All the rooms are completely refurbished and redesigned. 90% of the accommodation is built over water and 10% is on the beach front. The rooms offer infinite views of the Indian Ocean. Taj Spa, an authentic Indian spa, offers a range of signature wellness experiences. A choice of gourmet cuisine, water sports, and recreation make for a complete and exclusive destination. Room Facilities Air Conditioned Satellite Television International Direct Dial Telephone Private Bathroom Hairdryers Mini Bar Safe Deposit Box 24 Hour Room Service Coffee/Tea Making Fac High Speed Internet Access Coffee/Tea Making Facilities Hotel Facilities Travel Desk Doctor On Call Laundry Service Concierge Desk Luggage Storage 24 Hour Front Desk Postal/Parcel Service Currency Exchange Counter Baby Sitting Service(On Request) Airport Shuttle Service(On Request) Dining Entertainment 24 Degress Equator Bar In Villa Dining The Deep End Sports Leisure Spa Water Sports Fitness Centre Billiards/Snooker Tables Meeting Facilities Business Centre SWOT Analysis Strengths:- The group has enormous power and strengths, which ma kes it the best and competitive, some of them are: It consists of 57 properties in 40 locations across India and 18 international hotels. Its stylish variety of hotels like; Taj exotica, Taj safari, The gateway hotels, Ginger hotels, Jivas spa etc. Its effective and efficient management techniques and staff. Its brand name. The presence of Taj Hotels, Resorts and Palaces in various countries like United Kingdom, France, Germany, Italy, Dubai, Singapore, Australia, Japan, Russia and the United States of America. Securing management contracts at Palm Island, Jumeirah in Dubai,Saraya Islands in Ras Al Khaimah, Aldar Group in Abu Dhabi, UAE Langkawi in Malaysia and Thimpu in Bhutan. The various initiatives taken like; rollout of CustomerFeedback System, Tata Business Excellence Model, IT initiatives, Ginger hotels etc. Weakness Taj hotels being such a big brand, has a lot of advantages but every big company faces some odds and so does Taj. Some of its weakness; Its hard to maintain such a huge chain of subsidiaries and there are more chances of mishaps in management. Its huge competitors like Oberoi, Leela, Oriental, ITC etc are also providing same facilities and thus it becomes a weakness for Taj hotels. Its very costly for the Indians to afford the tariffs and service charges set by Taj hotels. Thus, they loose a major part of their market share. They need a lot of investment. As Taj hotels is a popular group, it is always in the eyes of the terrorists, as taj has already faced such an incident. Therefore, it proves to be a weakness some times, to be so popular. Opportunities The Group is poised strategically to take advantage of the following situation: In the backdrop of a healthy economy having its positive fallouts on the Tourism Sector leading to rapid growth in markets in India, South Asia and key gateway cities in source-market destinations. Rapid expansion in both International and Domestic destinations, with top-of-the-line Luxury, Leisure and Business properties. Meeting growing demand in the budget and mid-market segments. Extending the product portfolio into related offerings viz. luxury residences, wildlife lodges and health spas. Threats The threats identified by the Group are related mainly to the markets in which the Group operates and general factors related to the tourism industry. Significant among these are: Cheaper international airfares, increasing affordability of travel to International destinations, especially South East Asia, Europe and Australia. Growing presence of international hospitality chains competing in the Luxury and Business segments, to meet excess demand situation. Appreciating Indian Rupee vis-à  -vis the US Dollar, resulting in lower realisation on foreign exchange earnings. Slowdown of international demand resulting in reduction of revenues. Future Strategies Urban Sanctuaries Luxury Weekends from the Taj City Escapes Island Escapes Rejuvenate with Jiva Christmas and New Year breaks Some more developments in progress are: TAJ opens its 5th hotel in Bangalore Taj Coromandel presents ANISE No Room for the Ordinary advertising campaign Taj Residency Bangalore unveils Jiva Spa Heritage Nature Walk At The Taj West End, Bangalore Bhairo,The Stunning New Rooftop Restaurant At Taj Lake Palace, Udaipur Intoxicating Bhutanese Bath At Taj Tashi, Thimphu, Bhutan Two More Taj Safari Lodges Will Open In 2009 Taj Values PEOPLE DIVERSITY, INTEGRITY RESPECT PASSION FOR EXCELLENCE EXCEED EXPECTATIONS INNOVATION SENSE OF URGENCY ACCOUNTABILITY SOCIAL RESPONSIBILITY JOY AT WORK People are our greatest asset and the key to our success. We respect diversity of people, ideas, cultures and honor the value of individuals in a team. We believe in perfection to achieve excellence. We continuously improve processes to surpass global benchmarks. We succeed by exceeding expectations of all stakeholders and protecting the interest of our shareholders and playing by the rules. We encourage innovation, embrace change and support growth through knowledge and learning. We accept responsibility and deliver on promises with a sense of urgency and agility. We commit to improve the quality of life of the communities we serve and our concern for the environment by returning to society what we earn We recognize and respect each other in all interactions and set the example for our guests, business associates and colleagues. We encourage a fair environment that supports equal opportunity to attract, develop and retain the best talent and endeavor to have fun too. Taj Promises At the Taj Group, our commitment to service excellence is rooted in our two guiding principles called the Four Steps of Service and the Taj People Philosophy. One of our key priorities is to empower our people to deliver on our legacy of impeccable service. Four Steps of Service: 1. A warm and sincere welcome. Use the guest name, whenever possible. 2. Fulfill guest needs and provide anticipatory service. 3. Defect free products and services. 4. Fond farewell using the guest name, whenever possible. Taj People Philosophy The Taj People Philosophy displays our commitment to and belief in our people. We see Talent Management as the most important sustainable competitive advantage in the future. You are an important member of the Taj family. We endeavor to select, retain and compensate the best talent in the industry. We reward and recognize quality customer care based upon individual and team performance. We commit to providing you with opportunities for continuous learning and development. We abide by fair and just policies that ensure your well-being and that of your family, the community and the environment. We commit to regular and formal channels of communication, which nurture openness and transparency. We strongly believe that you are the Taj. Key Initiatives Ginger Hotels IHCL is in the process of rolling out its Smart Basics hotels, under the brand name Ginger. The first prototype has been launched in June 2004 in Bangalore, with roll out being planned in a number of cities and towns subsequently. These hotels will cater to the economy or value for moneysegment and being predominantly domestic clientele based, are far less prone to fluctuations than the luxury and upscale segments. In the long run, this segment will help in derisking the current revenue stream of the company. Brand Architecture IHCL is in the process of clearly defining the product and service standards in order to have consistency across properties under each brand. This will help in further enhancing the brand value of Taj. Product Upgradation IHCL continues to invest in renovation and relaunch of key / brand defining properties. In the last financial year IHCL upgraded rooms at the Taj Mahal Palace Tower, Mumbai and Taj West End, Bangalore The lobby and public areas of Taj Lake Palace, Udaipur and Rambagh Palace, Jaipur were also renovated to provide a luxurious sense of arrival. The Sea Lounge and Harbour Bar at Taj Mahal Palace Tower, Mumbai was relaunched, while a new Vietnamese restaurant Blue Ginger was opened in Taj West End, Bangalore The renovated products and the new outlets were very well received in the market. The renovated rooms at Taj Mahal Palace Tower, Mumbai and Taj West End, Bangalore have emerged as the price leaders in the respective cities. In the coming year IHCL intends to open a number of FB outlets by celebrity Chefs with international cuisine. In the upscale segment, the properties are being relaunched to be at par with international level upscale hotels. The rooms at Taj President, Mumbai, Ta j Residency, Bangalore, Jai Mahal Palace, Jaipur and Taj Holiday Village, Goa are being renovated and relaunched. Service Excellence In the last few years IHCL has undertaken a number of steps to significantly enhance service levels to be in line with the best in class. IHCL has constantly benchmarked itself with the key international luxury chains and strived to raise the bar. IHCLs service excellence philosophy, has at its core, delivery through our people, processes and culture. IHCL has taken a number of steps to provide highly personalized service to the discerning customer, including butler services in its luxury properties. In order to take care of the entire stay experience, IHCL has also completely revamped its Concierge services. The Centers of Excellence have been strengthened considerably to train staff to meet the exacting standards of a truly luxury hotel. Tata Business Excellence Model (TBEM) will play a significant role in raising the bar of service provided. The TBEM has been rolled out in all the three hotel divisions and will be rolled out to the international properties also. Tata Business Excellence Model (TBEM) In order to intensify the drive for Business Excellence, IHCL conducted Internal Assessments based on the Tata Business Excellence Model for Luxury, Leisure, Business SBUs as well as for Taj SATS Air Catering Limited. The Luxury Division has also applied for External Assessment, which is to be facilitated by Tata Quality Management Services. Based on the External Assessment (2003) feedback report and the feedback from the Internal Assessment, action plans to improve processes which finally impact the overall organizational effectiveness, have been drawn out and worked upon. Some of the key initiatives deployed across key hotels of the Taj group in the year 2003-04 are: Rollout of the Customer Feedback System The CFS was launched in November 2003 and has taken root in 30 hotels across Taj group. It is the primary and sole customer feedback system of the group. Till date, the system has clocked around 12,000 pieces of customer feedback. The feedback from all sources gets recorded and aggregated and analyzed to improve the service quality in areas of concern at each of the hotels. Feedback is not restricted to only guest difficulties (complaints) but also consists of compliments and suggestions. The feedback would ultimately be used for product planning as well. IT initiatives From a situation in 1999 where there was limited IT application, Taj group has today achieved domestic leadership in deploying IT to leverage its competencies and is rapidly approaching benchmarks set by international highly regarded chains. The first three phases of implementation of the IT strategy included putting in place the physical infrastructure across the Taj Group and getting customer relationship applications to ride on this physical infrastructure, with a view to enhancing customer services through customer information and recognition systems and better inventory management. Some of the key IT initiatives being under taken by IHCL are Orion, a comprehensive back office system, implementing Revenue Management system, Interactive TV Systems and National Call Center. Competition A Tata company shall fully strive for the establishment and support of a competitive, open market economy in India and abroad, and shall cooperate in efforts to promote the progressive and judicious liberalisation of trade and investment by a country. Specifically, a Tata company shall not engage in activities that generate or support the formation of monopolies, dominant market positions, cartels and similar unfair trade practices. A Tata company shall market its products and services on its own merits and shall not make unfair and misleading statements about competitors products and services. Any collection of competitive information shall be made only in the normal course of business and shall be obtained only through legally permitted sources and means. Direct Competitors: 1. Oberoi Hotels 2. Oriental Hotels 3. ITC Welcomgroup 4. Hotel Leela etc. Potential Target market : The upper class of the society is targeted. i.e. the richer people in the society. Their fares or tariffs are high as the luxuries provided by them are also standard and 5-star. Thus, this is in context to the Indian branches of Taj Hotels. STRATEGY: Taj group has used the Taj name for all its operations to leverage the brand equity commanded by the name Taj. Taj brand is playing an increasing role of driving revenues Taj group plans to add around 12 Hotels in the next 3 years . Taj facilitates the expansion to other segment by endorsing the sub-brands with their parents brand names. MARKETING STRATEGY A higher emphasis was placed on the business segment as the profits are higher (this market being less price-sensitive) as compared to the luxury segment. There was a proliferation of the Taj Presidency hotels not only in new cities, but also smaller towns. The action plan is more opportunities, adding to and complementing the brand. INNOVATIVE MARKETING SERVICES: STAY A BIT LONGER- If a customer book 2 nights or 3 with Taj hotels, then they surprise to customer with a complimentary nights stay at select hotels. EARLY BIRD OFFER- Say at any of Taj properties ranging from modern business hotels to idyllic beach resorts to authentic Rajput palaces, 10 days in advance and avail the Early Bird Rate to enjoy savings of 20% over our Best Available Rate (BAR). SUITE SURPRISES Book between 1-4 nights in Taj Suites and enjoy a free nights stay. Luxury at the Taj isnt only about indulgences, but advantages. Book 1, 2, 3 or 4 nights in our majestic Suites, featuring impeccable interiors and classic style, and enjoy a complimentary nights stay. TAJ SAFARIS are wildlife lodges that allow travelers to experience the unparalleled beauty of the Indian jungle amidst luxurious surroundings. They offer Indias first and only wildlife luxury lodge circuit. Taj Safaris provide guests with the ultimate, interpretive, wild life experience based on a proven sustainable ecotourism model. TAJ AIR, a luxury private jet operation with state-of-the-art Falcon 2000 aircrafts designed by Dassault Aviation, France; and Taj Yachts, two 3-bedroom luxury yachts which can be used by guests in Mumbai and Kochi, in Kerala. BUSINESS EDGE At the Taj, business is not just unconventional, but valuable. Alongside the quintessential fusion of business and pleasure, you will also enjoy unbelievable savings and benefits on our traditional hospitality and exceptional service that are sure to leave you pleasantly surprised.   Breakfast for two (single/double same rate) Hotel Credit of Rs 2000/- per stay against FB, laundry, or spa (where spa services are available) KEY SUCCESS FACTORS Technology related:-Used of advance technology in hotel premises. Manufacturing- related: High utilization of fixed assets. Quality control know-how. Serving customer according to their specification. Distribution-related: Presence of hotel chain at various places. A strong network. Marketing related: Breadth of product line and product selection. Personalized customer services. A well-known and well-respected brand name.