Comparative Economics of Romania

Corruption in the Nigerian Economy

Corruption in the Nigerian Economy Free Online Research Papers ASTRACT The paper has critically examined the harshness of corruption on the Nigerian economy and the support of civil servants in reduces its incidence. The ‘monster’ is the cause for the nation’s economy development impediment. Related literature of renowned scholars, white paper of the Dangin Commission (2000) of Plateau State and personal opinions of civil servants were major sources of data used for this paper. Again, we employed a survey instrument-questionnaire for collecting primary data and percentages were used for testing our hypothesis. According to our investigations, corruption in civil service is caused by Staff negligence and/or negligence of management and the more culpable persons are experienced public servants on level 10 and above, also political appointees. The best strategy of curbing corruption in Nigeria, as opined by respondents and supported by our hypothesis, is those saddled with the responsibility of fighting corruption must live above board and avoid creating bad precedent. Again, the Auditor-General and his/her subordinates should engage in a regular periodic inspection. 1.1 BACKGROUND OF THE STUDY With the current global recession, the economies of most developing countries have been thrown into very serious problems. Stocks in the capital market in Nigeria, America and United Kingdom among others are experiencing the bearish market situations. Besides, Nigeria has other factors that have battered our economy seriously: these are no other things than the monster-corruption and the persistent political crisis. Measures such as the War Against Indiscipline (WAI), the Independent Corrupt Practices Commission (ICPC) and Economic Financial Crime Commission (EFCC) have been employed and adopted by past regimes and administrations to curb the underhand practices but all proved abortive, while the economy recession is on the increase: how long should this continue. According to a statement in one of the Daily Times of 1999, it says, â€Å"Decade after decade, children are born to see and learn of this enemy of development. Why should we allow this to continue, we need to joint hands on this criminal behaviour in other to protect present and future generations of our great country†. Corruption has really been the bane of this country; all hands must be on deck. Nigeria was grouped as the 2nd position and the 6th position of the world most corrupt countries. The sequence of the positions above shows little improvement which is not significant for stopping the worry of patriotic Nigerians on the matter. The instinct for corruption normally begins with ungratefulness and greediness. As stated by Malick, 1994:68; â€Å"The origin of corruption is that it is influenced by the quest for more material wealth†. According to Bureau for Public Procurement (BPP: 2008), Nigeria losses 60 kobo to underhand practices out of every N1 (100 kobo) spent by government. The wealth of this nation is being looted by the few privileged individuals known as civil servants and politicians who are busy acquiring their ill-gotten wealth by inflating contract, diverting public assets into personal property and etcetera. Corruption has really ruined our economy in different ways. According to Akara (1994:12), Corruption, in all its ramifications in any society is the symptom of the moral indiscipline and moral decadent that can only be arrested and the society regenerated, if and only if that society itself becomes aware and conscious of its dangerous descent into the abyss of self-extinction. Corruption has really affected the public sector and has spilled to other sectors of the economy such as private sector businesses and households. In view of the yearly reports of the Nigeria Deposit Insurance Corporation (NDIC) and the various white papers issued in Plateau State-Nigeria, year-in-year-out, many people are initiated into the different forms of these sharp practices. A recent revelation made by the Plateau State Commission of Enquiry into Financial Activities of government for 1999 – 2007, the State Board of Internal Revenue generated about N24 billion (approximately $210 million) but less than 25% of the revenue was account for, more than 75% of the revenue is allegedly embezzled. The issue of corruption in the public sector is perpetrated in a syndicate where both civil servants and political appointees are involved. A study on why corruption flourishes in the public sector might be expected to provide a useful insight into the strategies to be adopted to minimize this evil. It is also expected that the existing government will learn from the experiences of past leaders, who have failed in their efforts to curb the menace of this underhand practices by given leap service for implementation of measures the country has put in place to help in reducing the cases and magnitude of corruption in the public sector and indeed the country as a whole. 1.2 STATEMENT OF THE PROBLEM Though, the public sector is the machinery of government in achieving meaningful development in the area of infrastructures, education, health and etcetera, the failure to achieve any of these developmental goals is due to an array of problems. Of these problems, the issue of corruption is one that has eating into the fabrics of our economy and the need to manage its scourge is imperative. The efforts of the Independent Corruption Practices Commission (ICPC) and the Economic Financial Crime Commission (EFCC) have done little in curbing this monster as cases and magnitudes of corruption is still significant compared to the poverty level in this country. According to 2006 NDIC annual report (2008), billions of Naira are lost to fraudsters and other dubious people annually. In the survey conducted between 1999/2000 by CPAR, an average of $10 billion is lost to corruption (BPP: 2008). This cannot be allowed to continue, never! The magnitude of this problem and its implications for the Nigeria economy have inspired the writing of this paper with a view to having all hands on deck in fighting this evil in Nigeria. 1.3 OBJECTIVES OF THE ARTICLE The aim of this paper is to assess the views of civil servants about the effort of government against corruption in the Public Sector in Nigeria and to proffer suggested approaches on how to minimise it. To achieve this singular objective, the following secondary objectives have been specified: i) To review existing literatures on the subject matter; ii) To identify the causes of corruption perpetrated in the Public Sector; iii) To determine the negative effect of corruption in the Public Sector; iv) To ascertain the major perpetrators of corruption in the public sector. v) To recommend strategies for curbing and reducing the incidence of corruption in the economic system of Nigeria. 1.4 RESEARCH QUESTIONS In the light of the foregoing, the following questions may be asked: i) What are the ways of defrauding the public sector? ii) What are the major causes of corruption in the public sector? iii) What are the effects of corruption in the public sector? iv) How can the problems of corruption be managed in our public offices? v) What are the best ways of mitigating the effects of corruption in Nigeria? vi) Who are the major contributors to corruption in Nigeria? vii) Who are the most culpable people involved in corruption. These questions form the problem that prompted the writing of this paper and the need to provide workable answers to them constitutes its justification. 1.5 HYPOTHESIS To achieve some of the objectives of this paper, the following hypothesis is formulated: Ho: That civil servants being the most culpable persons in corruption in Nigeria are not in support of the fight against the â€Å"Monster†; HI: That civil servants being the most culpable persons in corruption in Nigeria are in support of the fight against the â€Å"Monster†. This hypothesis will be tested with percentages of collective opinions of civil servants as obtained from the field. 1.5 SCOPE AND SIGNIFICANCE OF THE STUDY This paper is relevant to what the Obasanjo’s government started which the Yar’adua’s administration is trying to sustain, specifically on their efforts to wipe out all forms of corruption in Nigeria. The settings up of the Anti-Corruption Act’2000, Anti-Money Laundry Act’2004 and the Economic and Financial Crime Commission (EFCC) in 2004 are all proofs that the Nigerian government is really fighting corruption, and requires support from all patriotic Nigerians to join hands against this evil that is pervading the society. 2.0 REVIEW OF LITERATURE 2.1 Definitions of Corruption: Anti-Corruption Law of the Federal Republic of Nigeria 2000 defined ‘Corruption’ â€Å"to include all forms of bribery, fraud and other related offences†. A corrupt practice takes place when one in a fiduciary position acts in a manner prejudicial to the cause of his employer because of the receipt of a benefit or consideration from a third party who is ultimately the beneficiary of the action taken, (Ijewere, 1999). According to Osisioma (1999), corrupt practices tend to produce an illegal transfer of resources, and in the transfer exercise, the actors engage in an unproductive use of their labour and resources. Obasanjo (1994) defines corruption as the misuse of public power for private and personal benefit which is distinguishable from other crimes by the fact that it is usually carried out in utmost secrecy and the act itself may not be immediately perceptible. In its tactical meaning, corruption is an act or course of deception deliberately practiced to gain unlawful or unfair advantage; deception directed to the detriment of the public. 2.2 FORMS OF CORRUPTION AND WAYS OF DEFRAUDING GOVERNMENT. Corruption is perpetrated in the civil service in various forms. The two major forms are petty corruption and grand corruption. The common ones have been identified and classified as follows: a) Inflating of contract prices; b) Diversion of government property to personal property; c) Collection of bribes or gratification; d) Teaming and Lading; e) Irregularities; Many measures have been introduced, especially at the individual Ministry, Boards and Parastatals to minimize this menacing problem without much success, (Danging Commission,2000). 2.3 CAUSES OF CORRUPTION IN THE PUBLIC SECTOR. The common causes of corruption as identified by different Authors and Newspapers are summarized below: i) Poor Administration – This is in terms of inadequate supervision, and inadequate control is the most significant causes of corruption. For instance, when a junior staff is inadequately supervised, those with fraudulent tendencies may get the wrong impression that there working environment and/or circumstances is safe for the perpetration of corruption, (Ishola, 1997:25). ii) Negligence – Staff negligence and/or negligence of management is the commonest and most susceptible factor which corrupters look forward to in government establishments and they usually capitalize on it. For instance, lack of regular bank reconciliation, stocktaking, verification of prices in the market and issuing of cheques without proper blocking of the unused space could be manipulated by the perpetrators, (Babatunde, 1987:16). iii) Poor Salaries and Conditions of Service – When civil servants are unable to meet their personal, psychological and social needs because of poor salaries and conditions of service, they may be tempted to collect bribe, inflate contract price, inflate prices of goods/items purchased directly, embezzle money or fraudulently convert some of the government assets into their own use. This temptation becomes harder to resist particularly for civil servants who work with cash or in other sensitive areas, (Dandago, 1997:16). iv) Opportunity and Low Chance of Detection – A poor or inadequate internal control or inefficiency of existing control could induce corruption. A poor or inefficient control system could also be a tempting source to a rather previously honest staff, (Williams, 2000:24). 2.4 THEORIES OF CORRUPTION Attempts have been made to weave the aforementioned factors into comprehensive theories of corruption and criminal behaviour. Theories of corruption are terse and controversial, Babatunde (1987) has propounded that the motivation to fraudulent behavior derives from the number of causes. These could be pathological, greed, the desire to be with the Jones; extreme; want often characterized as dire need; cultural demands or the cultivation of tastes too expensive for the legitimate income of the individual. Criminal motivation, with particular reference to corruption is said to be pathological when the state of mind of the criminal disposes and impels him to engage in corrupt practices, even though he is not in dire need of the resources. A case in point is a kleptomaniac who has a pathological desire to steal for the sake of stealing. Osisioma (1999) opined that the main cause of corruption in the public sector is traceable to the general dishonesty in the society. Since there is corruption in all facets of the Nigerian life, management of finances should pay attention to some of the factors that causes corruption in the public sector. 2.5 THE EFFECTS OF CORRUPTION IN PUBLIC SECTOR The perceived effects on the government, and the desire to find the means of curbing such adverse effects normally prompts studies on corruption in the Public Sector. Attempts have therefore been made by many writers to identify the effects of corruption in the Public Sector and the economy in general. All authors/writers agreed that corruption leads to huge loss of resources, which belong to the government, and members of the general public. This loss results in reduced levels of resources available, which could hamper the development of the economy and could force enterprises to liquidation if the frequency and scale of corruption are high. Other effects of corruption in the public sector, which will consequently affect the society, include the loss of confidence in Nigeria by international investors and therefore a setback for the effort aimed by the Obasanjo’s administration to create enabling environment for international investors to invest. In addition, the distraction of government’s attention, increase in operating costs, and the wastage of time and resources on minimizing corruption are other effects of corruption, (BUGAIN; 1994:91). 2.6 THE MEASURES FOR CONTROLLING CORRUPTION: In view of the gravity of the effects of corruption on public sector, government has employed many measures aimed at controlling corruption. However, corruption has continued on an upward trend despite these measures and this has called their effectiveness into question. According to Jat (1998:129), the most threatening aspect, however, is that the control of an identified specie of Fraud (corruption) seems to give birth to another that is invariably more sophisticated and complex indicating the negative use of human ingenuity and endowment. A number of authors: Obasanjo, Osisioma, and Malick among others, have identified some administrative control systems that can be devised by government to prevent corruption. Administrative control system has been defined as â€Å"the whole system of controls, financial and otherwise, established by the government in other to carry on the business of government in an orderly manner, safe-guard its assets and secure as far as possible the accuracy and reliability of the records†. (Millichamp, 1990:79) Internal administrative control system was classified into two major groups: internal checks and internal audit. Internal checks are the operational controls which are built into the public sector system to simplify the processing of policies in order to secure prompt services to the populace, to help in minimizing clerical errors and to act as insurance against collusion. Internal audit or inspection involves the review of administrative activities and records undertaken within the civil service by specifically assigned staffs. The roles of the inspectorate division and the state Audit department are to serve as watch-dogs on public funds, to ensure that there is no improper application of these funds, to ensure that expenditure and revenue are duly authorized and accounted for, to periodically inspect account books in order to ensure that transactions are properly recorded and books are regularly balance, to investigate mal-practices like frauds, inflated contracts, forgeries, embezzlement and theft of government money or properties. However, existing systems of control can be classified into two: Prevention and Detection. Those aimed at prevention and those aimed at detection. Measure aimed at preventing corruption include; dual control, operational manual, graduated limits of authority, reporting system, establishment of inspectorate units, general personnel policies, referencing on presentation of documents of value, segregation of duties, verification of all approval for payment and purchases and close watch on the life-style of staff. Others are prompt treatment of files and the movement of files by messengers. Measures aimed at detecting corrupt practices include: contract verification, market survey, checking of cashiers, bank reconciliation, periodical submission of statement of accounts, periodic stock-taking of all items in the store. In addition to management and internal control measures, the authors suggested means of controlling corruption in the public sector, which are the statutory requirements of an external auditor and the examination of government books of accounts by the state audit department as an inspectors’ authority. Sanusi attributed the ineffectiveness of these to weakness in staff policy and control, operational procedures, and the attitude of government. In contrast, some other writers such as Obasanjo, Malick, Osisioma (2000) have argued that the causes of corruption in the public sector is not that of lack of administrative control systems but that of moral weakness of man’s mind owing to his acquisitive instincts. 3.0 DATA PRESENTATION AND ANALYSIS To substantiate our research questions earlier mentioned, data collected from Plateau State civil service, the Dangin Commission Report (2000) and responses from our field survey is hereby presented in tabular form with proper analysis below. This will be presented using percentages as a parameter. 3.1 PRESENTATION AND ANALYSIS PRIMARY DATA Table 1 shows the Responses of respondents from the Field Survey QUESTIONS No. 0F RESPONSE % 1. Which of the following ways do you thing civil servants are using mostly to defraud the government? Tick one, please: i. Contract price and purchase price inflation†¦. ii. Collection of bribes or gratification†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ iii. Diversion of government property to personal property†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ iv. Teaming and Lading†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ v. Robbery and Burglary†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. TOTAL 13 16 6 3 2 40 32.5 40 15 7.5 5 100 1. Which of these are the major causes of corruption in the public sector? Tick one, please: i. Poor Administration ii. Staff negligence and/or negligence of management iii. Poor Salaries and Conditions of Service iv. Opportunity and Low Chance of Detection i. TOTAL 11 12 7 8 40 27.5 30 17.5 20 100 2. Which of the following form of corruptions do you thing has the more negative effect on the Nigerian economy? ii. Grand corruption: that is, corruption involving N100,000 and above iii. Petty corruption: that is, corruption involving less N100,000 i. TOTAL 22 18 40 55 45 100 3. Suggest ways in which problems of corruption can best be managed in our public offices by ticking one of the following? ii. Sound internal control system iii. Internal check and internal audit iv. Periodic inspections by the Auditor-General v. Instituting an EFCC outlet in every government ministry vi. Instant dismissal of dubious and suspected corrupt officials TOTAL 6 8 12 5 9 40 15 20 30 12.5 22.5 100 4. Who amongst these are the most culpable people involved in corruption? i. Level 01- 06 employees ii. Level 07 – 12 officers iii. Level 13 – 16 officers iv. Level 17 and all political appointees TOTAL 5 10 12 13 40 12.5 25 30 32.5 100 From the above analyses, 40% of the respondents opined that the most common ways that civil servants used for defrauding the government is through bribery and gratification. For the causes of corruption in Nigeria, 30% of the respondents indicated that staff negligence and/or negligence of management is the major cause. However, most civil servants have opined that grand corruption has more negative effects that petty corruption. This finding is 55% against 45%. Again, 30% and 22.5% of the respondents have indicated that the best ways to manage corruption are Periodic inspections by the Auditor-General and Instant dismissal of dubious and suspected corrupt officials, respectively. Lastly, the survey has revealed that the most culpable persons are civil servants on level 17 and all political appointees, followed by civil servants on level 13 – 16. Table 2 is a Likert Questions Table containing a list of suggested strategies for curbing corruption in which 150 respondents (Civil Servants) indicated their agreement or otherwise and to what extent. Note. Questions 1–5 were answered on a 5-point Likert-type scale ranging from 0 (strongly agree) to 4 (strongly disagree). Question 0 1 2 3 4 1. Employer should verify the integrity of new employees from their referees 32 34 8 46 30 2. Any identified fraudulent person should be instantly dismissed and made to face the full wrath of the law 55 39 13 23 20 3. The fight against corruption should commence right from homes and schools 41 48 9 20 32 4. Those saddled with the responsibility of fighting corruption should try and live above board and avoid creating bad precedents 72 56 2 8 12 5. All civil servants and political appointees should declare their assets on assumption of duty 52 50 16 22 10 From table 2, 48% of the respondents strongly agreed that those saddled with the responsibility of fighting corruption should try and live above board and avoid creating precedence. This is followed with the opinions of 37% of the respondents who strongly agreed that any identified fraudulent person should be instantly dismissed and made to face the full wrath of the law while 35% also agreed on strong terms that all civil servants and political appointees should declare their assets on assumption of duty. However, 32% of the respondents merely agreed that the fight against corruption should commence right from homes and schools while majority disagree that employer of labour (government) should verify the integrity of new employees from their referees as a strategy for curbing corruption. TEST OF HYPOTHESIS The responses from the field survey in table 2 above are used to test the hypothesis that says â€Å"That civil servants being the most culpable persons in corruption in Nigeria are not in support of the fight against the monster† Question 0 1 Total (02) 2 3 4 Total Grand (34) Total 1 32 34 66 8 46 30 76 142 2 55 39 94 13 23 20 43 137 3 41 48 89 9 20 32 52 141 4 72 56 128 2 8 12 20 148 5 52 50 102 16 22 10 32 134 479 223 702 To accept the null hypothesis, the percentage of disagreed responses must be greater than 50% otherwise reject it and accept the alternative hypothesis. Percentage of agreed responses = 479 x 100 = 68% 702 1 Percentage of disagreed responses = 223 x 100 = 32% 702 1 Hence, we reject Ho that says, â€Å"Civil Servants being the most culpable persons in corruption in Nigeria are not in support of the fight against the â€Å"Monster† and accept HI that says, â€Å"Civil Servants being the most culpable persons in corruption in Nigeria are in support of the fight against the â€Å"Monster†. 4.0 SUMMARY, CONCLUSION AND RECOMMENDATION Based on the study, the paper can be summarized with the findings that factors such as: Contract price and purchase price inflation, Collection of bribes or gratification and diversion of government property to personal property are most common ways in which civil servants used in defrauding the government. For causes of corruption in Nigeria, Staff negligence and/or negligence of management, Poor Administration, and Poor Salaries and Conditions of Service got the highest votes in that order. It has been opined that the best ways for managing corruption in our various public offices include Periodic inspections by the Auditor-General, Instant dismissal of dubious and suspected corrupt officials will serve as deterrence against future occurrence in addition to internal check and internal audit. All civil servants are culpable to corruption but the most of them all are directors and political appointees. In conclusion, corruption is a menace that is found in all the fabrics of the Nigerian society and the Auditor – General and all his employees should do their work honestly and diligently too now corruption is spreading like wild fire in Nigeria inspite of government stringent policies that have been instituted. In conclusion, since civil servants who are even the most culpable persons in corruption in Nigeria are in support of the fight against it, government should not relent in its fight against corruption as there seems to be light at the end of the tunnel. Hence, this paper recommends the following measures for minimizing corruption in Nigeria: i. Accounting officers/Chief Executive Officers should live above board and avoid creating precedence. ii. All identified fraudulent person should be instantly dismissed and made to face the full wrath of the law. iii. All civil servants and political appointees should declare their assets on assumption of duty. iv. The fight against corruption should commence right from homes and schools. REFERENCES Agbelusi T.O. (1991): Fraud in Banks, Financial Institute Training Center, Lagos. BPP (2008): â€Å"Public Procurement Act 2007 as it Affects Contractors and Consultants† by Bureau of Public Procurement (BPP), Abuja. Bugain J. (1994): â€Å"NGOs and Mobilisation Against Corruption†. A paper Presented at African Leadership Forum’s Seminar held in Benin Republic On the 19-21 September. Dandago K.I. (1997): â€Å"Fraud Detection Control at Local Government Level†, The National Accountant of July and August, 1997. Dangin V.K. Commission (2000): Government White Paper Report on the Variation of Major Contract in Plateau State. Ishola K.A. (1997): â€Å"Bank Frauds; Causes and Control†, the National Accountant July – August, 1997. Jat R. B. (1998): â€Å"An Analysis of Fraud Cases in Nigerian Banking Industry: A Guide to the Bank Auditor†. Study in Auditing. Malick T. (1994):â€Å"Corruption, Democracy Human Right in West Africa† Africa Leadership Forum Seminar, Rep. of Benin (19-21of Sept.) Millichamp A. H. (1990): Auditing, an Instructional Manual for Accounting Accounting Students. Guernsey Press Co. Ltd, Channel Islands. Obasanjo O. (1994): â€Å"Corruption, Democracy, and Human Rights in West Africa† (Journal of the African Leadership Forum): Printers Ltd. Lagos. Osisioma B.C. (1999): â€Å"Corruption and the Manufacturing Sector in Nigeria†. A Paper Presentation on the Occasion of the Annual General Meeting of the Manufacturers Association of Nigeria in September 8th. Osisioma B.C. (2000): â€Å"The Relevance of the Accountant in the Implementation of the Corrupt Practice Miscellaneous Offences Act† The Editor (1999): â€Å"Corruption- why it Flourishes† Midweek Magazine of 20th October. The Editor (1999): â€Å"How Corruption is Killing African Countries†. Daily Times of September, 7. The Ejewere Emmanuel (1999): â€Å"A Strategy for the war Against Corruption and Poverty†, Business Times of September, 6. Research Papers on Corruption in the Nigerian EconomyPETSTEL analysis of IndiaThe Effects of Illegal ImmigrationQuebec and CanadaResearch Process Part OneDefinition of Export QuotasTwilight of the UAWInfluences of Socio-Economic Status of Married Males19 Century Society: A Deeply Divided EraThe Relationship Between Delinquency and Drug UseAssess the importance of Nationalism 1815-1850 Europe

Contract Law Essay Example | Topics and Well Written Essays - 1750 words

Contract Law - Essay Example In equity, injunctions may be administered or sometimes exact contract performance. Both solutions offer the party that has incurred losses an upper hand in terms of the bargaining benefits or in other words expectation damages that may be of higher value as compared to just reliance damages with regard to promissory estoppels. Generally, one may define a contract in nonprofessional’s language as a promise or responsibility that is legally enforceable to oversee the occurrence or no occurrence of something. However, a contract may not be equalized to a legal promise especially when the agreement larks consideration. Several elements validate a contract as stated below (Richard, 2007). Elements of a contract 1. An offer: This is the willingness expressed by the offering party, on a given set of terms, with a motive that in any case the other party accepts that offer; a contract will bind him or her. It is optional in that it may be written, or it can be orally done. 2. Acceptan ce This is the willingness expressed by a party, to absolutely and unconditionally, accepts all the terms that have been set out in the offer. It can either be done orally or written, and the approval must be a reflection of the initial offer that was made. 3. Consideration A consideration is a valuable offering exchanged between the promisee and the promissor with a reciprocal as an assurance. An act or a payment may be regarded as the valuable thing also an act of forbearance is acceptable. 4. Mutual assent Mutual assent is normally achieved by offer and acceptance under common law, in that, here an unqualified party and that accept an offer causes no variance to the terms of the offer. A counter-offer A counter-offer cannot be equalized to an acceptance. It extinguishes the initial offer. In this case, one is not eligible to accept the initial offer after making a counter-offer. However, asking for more information or clarification may not be regarded as a counter-offer and thus does not render the offer extinguished but the party is still eligible to accept if it so desires. Max-Eco Ltd case study In this project, I will assess Max-Eco Ltd, which has been involved in a business deal with Jack’s company to supply timber according to Fred’s set standards. Fred is the director of Max-Eco Ltd. However, after six months, Fred discovers that Jack was not meeting the standards set in their previous deal and feels like the other party had breached the contract they set together. According to the agreement, Jack was supposed to supply Max-Eco Ltd with timber only from the U.K and that they must be treated with only plant-based varnish. Instead, Jack decided to treat the timber, which sometimes he ordered from South America due to its unavailability in the U.K, with chemical-based varnish. Now Fred wants compensation from Jack for failing to meet the set standards. Contract terms Prior to making a contract agreement, often variety of statements are mad e by either party with an aim of enticing or encouraging the partnering party to sign into the contract. The two parties are required to agree as to which of the made statements qualifies to be a part or a term of that particular contract agreement. At the same time, they must identify which statements should be considered as not a part or a term that make up the contract and should be regarded as just pre-contract talks. Therefore, terms server a pivotal role in the establishment of a contract as they bind the

Software and Data Sharing Essay Example | Topics and Well Written Essays - 250 words

Software and Data Sharing - Essay Example According to Tan & Payton (Eds), data sharing is different in CHIN models from Mayo clinic because CHIN uses data sharing and health IT innovations to improve partnerships between clinicians, public health leaders, policy makers, and informatics experts. CHIN community partners gain from the shared data such as centralized data warehouse a connected electronic health record. Contrary to this, Mayo clinic shares its data through creating software, tools, and services for large scale health records. The risk of a Community Health Information Network (CHIN) is that membership in it, if not controlled can lead to greater risks associated with the law. The benefits include facilitation of care, lower cost of care, and knowledgeable choice to the patients. The providers on the other hand reduce segregation of rural physicians, mange complete cost of therapy, and develop a competitive market

Leadership Style In Political System

Leadership Style In Political System India is secular country in nature which consists of 65% of young population which is counted as backbone for countrys development. We need a leadership style in national politics which can bridge the gap between the ideologies of people from various religion having different needs, requirement for the upliftment of their community. In India there are various problems such as naxalism, extreme poverty, superstition, unemployment and under employment, etc., this can create havoc situation in future so we need the leaders who can help to overcome the extreme situation which can arise due to different ideologies. The present study will focus on various leadership styles in politics and their impact on young mind, society and development of nation. It is an academic attempt to mug up certain fact from political field about the present and upcoming leaders in Indian politics and its future prospective. It also study the necessary leadership qualities a leader must have as expected by youn g minds and choice for the next Prime minister.. Key Words: PoliticalLeader, leadership style, Youth. 1. Introduction:In todays scenario of politics, the scarcest resource is the leadership talent which would be capable of continuously transforming nation to win in tomorrows world. A leadership style is aunique style of to provide direction, to implement developmental plans, and continuously motivating people. There are various leadership styleseach unique in self that can be exhibited by leaders in the political, business or other fields. India is a country of great diversity with Substantial Regional, Linguistic, Cultural, and Religious variations throughout the country. With suchmagnitudanal variation, it isnot possible to generalize about the society, organizations, and leaders in India, and also about organizational and leadership practices in Indian politics and organization. Despite of many languages and its dialects and well-marked differences between cultures around country, yet there is an over-all unity of design which makes them all members of one family. The stem of country from economic and social organization extends to intellectual and emotional attachment and obligations. The details might vary from place to place, and from one caste to another, yet the uniformity of the traditions on which all of them have been reared cannot be overlooked. Despite of differences of background and period from which each leader belongs, their style interlocked to each other in some or other sense. 1.1 Present Scenario:The fruition of Indian society and its culture has continued its path along with the march of time. From the various study across the country, it was found that, caste has weakened or almost removed in recent years in terms of its loyalty to hereditary occupation and norms of pureness and pollution. It has also acquired new strength in a political sense as a constituency and as a vote bank.World is changing every minute and Far-reaching changes are taking place in the economic environment. Globalization is commonly used terms in todays talk. It is substantialto note that far-reaching economic policies have continued without any serious disturbance despite frequent changes in the government with political parties of different ideologies being in power at different times.Materialism is taking root in todays scene. It is linked with economic liberalization and restructuring, and the information explosion resulting from the wide-spread of use of electronic mass media , particularly television and boom of ICT. Corruption is the end means of being materialistic and means as being rich as fast as possible.It is groomed from lowest level of government official to high level in political system. 1.2 Important pastleaders and their style: 1.2.2Gandhian Style of leadership: Our father of nation whose leadership style cannot be label, but charismatic, inspirational, visionary, and value based come closest to capturing the essence of his impact on the multitude of his followers. He had very clear style of leadership irrespective caste and creed. 1.2.2Sangh Style leadership: Leadership style of Sangh group is particularly towards community development and sometimes it is proclaimed as nationalist conservative and following to HINDUTAV. 1.2.3Ram Manohar Lohia Leadership style: His leadership style is considered to be more socialistic in nature and to make a developed. He was visionary with respect to formation of society ahead. 1.3 Qualities of a political leader: A leader is expected to have qualities such as Perseverance, Dedication, Charisma, Empathy, valuing people as individuals and as human beings irrespective of caste and creed, capacity to spot the right people for the right implementation of plans, high personal output, and going further than the normal for becoming an outstanding leaders. Courage, Integrity, and Self-confidence, Courageous were considered to be basic requirements for outstanding leadership. 2. Objectives of the study: 1. To explore the leadership style of Modern times leaders such as Mr. NarendraModi and Ms. Sonia Gandhi. 2. To explore the needs of qualities that youth expect from their political leaders. 3. Research Methodology: The data has been collected from various sources. The primary data was collected through structured Questionnaire and it was filled by 200 respondents from various colleges from south Mumbai within the age limit of 18 to 25 years. Educational level of respondent were undergraduate and above. Secondary data was collected from various published and unpublished research papers, articles, books, reports and mimeograph. 4. Indian Political System and Leaders: India, a union of states, is a Sovereign, Secular, Democratic Republic with a Parliamentarysystem of Government. The Indian Polity is governed in terms of the Constitution. The President is the constitutional head of Executive of the Union. Real executive power vests in a Council of Ministers with the Prime Minister as head. Article 74(1) of the Constitution provides that there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President who exercises his functions, act in accordance with such advice. The Council of Ministers is collectively responsible to the LokSabha. While the respective states, the Governor, as the representative of the President, is the head of Executive, but real executive power rests with the Chief Minister who heads the Council of Ministers. The Council of Ministers of a state is collectively responsible to the elected legislative assembly of the state. The Constitution governs the sharing of legislative power between Parliamen t and the State Legislatures, and provides for the vesting of residual powers in Parliament. Thus, Prime Minister and Chief Minister should be an effective leader with special qualities which differentiate them from the rest and stands out differentiate in their leadership style. The power to amend the Constitution also vests in Parliament. A recognized political party has been classified as a National Party or a State Party. If a political party is recognized in four or more states, it is considered as a National Party. Some of the party which are recognized and known are Congress, BharatiyaJanata Party, Janata Dal, Communist Party of India and Communist Party of India (Marxist) are the prominant National Parties in the Country. Shiv Sena in Maharashtra, BahujanSamaj Party and Samajwadi Party in Uttar Pradesh and All India Forward Block in West Bengal are the prominent state parties. Till date Fourteen LokSabhas have been constituted. Excluding for the short-lived Sixth and Ninth LokSabha, the Congress Party ruled the country majorly. The Sixth Lok Sabha worked for about two years and four months and the Ninth Lok Sabha was in rule for one year and two months. Even in the states, the regional parties or the non-congress parties have gained in importance over these years. The renowned leaders among this loksabhas were Pandit Jawaharlal Nehru, Ms. Indira Gandhi, Mr. Moorarjee Desai, Mr. Rajiv Gandhi, Mr. V.P.Singh, Mr. AtalBihari Vajpayee, Mr. P.V.NarshimaRao, Mr. Pranab Mukherjee and Mr. LalkrishnaAdvani.. Each of these leaderswas effective in their style and overcome obstacles of their time to bring changes in political system. 4.1. Mr. NarendraModi: Mr. NarendraModi was born on 17 September 1950 in a middle-class family in Vadnagar in Mehsana district of Ahemdabad (with in Bombay state at that time), India. He is a vegetarian. He completed his schooling in Vadnagar. He earned a masters degree in political science from Gujarat University. 4.1.1 Personality: Mr. Modi is known for leading a frugal lifestyle. He has a personal staff of three. He is known to be a workaholic and an introvert. Despite of being face of HINDUTAV, he ordered the demolition of many illegal Hindu temples that were built without proper government sanction which earned him the ire of VHP. 4.1.2 Career: During the Indo-Pak war in the mid-sixties, even as a young boy, he volunteered to serve the soldiers in transit at railway stations.As a young man, he joined the Akhil Bharatiya Vidyarthi Parishad, a student organization and was involved in the anti-corruption NavNirman Movement. After working as a full-time organizer for the organization, he was later nominated as its representative in the BJP.In 2001; he was elected as Chief Minister of Gujarat succeeding to Keshubhai Patel. But he was asked to resign in 2002. In resultant election he won the elections with 127 seats from 182 seats in state assembly. In 2007, he won election against Sonia Gandhi with his hi-charge speeches and continued the post of CM. In 2011, he started 3 days fast as a part of Sadbhavana mission with a view to strengthen the peace, unity and harmony in the state. In 2011, he won again and continued at the same post. This proves that he has that aroma around his personality that attracts lots of peoples confiden ce in him. He has proved his worth with his effective leadership and placing Gujarat at 2nd Rank in term of developed state during 2011-12. Thus BJP is in rule successfully in Gujarat since 1995. 4.1.3 Special Achievements: Despite various controversies against him, he has been awarded in different category. Some of them are as follows: Gujarat Ratna by Shri Poona Gujarati BandhuSamaj at Ganesh Kala KridaManch on celebration of centenary year. e-Ratna award by the Computer Society of India. Best Chief Minister In a nationwide survey conducted in 2006 by India Today magazine, NarendraModi was declared the Best Chief Minister in the country. Asian Winner of the fDi Personality of the Year Award for 2009 by fDi Magazine 4.1.4. Style of leadership: Long term planning and clear focus: Mr. Modi sets goals and controls manpower to complete individual tasks; he practically and directly supervises personnel even at the very bottom of the pyramid of his power. Risk-taker: He understands that if theres one way the state could turn eyes, that is by opening the state. He knows the corporates would do the rest, all he has to do is to attempt them in, and make people his end customers, believe that it is basically him who does it all by taking immense risk. Thinker: As an analyzer he ultimately knows what kind of effect would last-long on his team, people and media. He would constantly make sure that somehow, people keep talking about him. This maybe a typical politicians game, but Modis style is different. By this, he maintains a brand value like no other. His target is wide and his ways of reaching them are very few. His branding methods sometimes cost him a part of his own reputation, but he knows when it is worth. He knows his powers and most of all, his weaknesses. This makes him and his enterprise (state) invincible. Inspirational to Youth: He inspires the youth on large scale and strengthens them through providing all they need to excel in terms of better infrastructure. He is a crowd puller as a speaker. Future Prospective: He has proved from his leadership in Gujarat, that he can bring the required changes in Indian Political system that can bring sustainable development on large to benefit country on large. So he is the most favorable candidate from BJP for the next Prime Minister of India. 4.2 Sonia Gandhi: Sonia Gandhi (born Edvige Antonia AlbinaMaino; 9 December 1946) is an Italian-born Indian politician, She is the widow of former Prime Minister of India, Rajiv Gandhi and belongs to the Nehru-Gandhi family. After her husbands assassination in 1991, she was invited by Congress leaders to take over the government; but she refused and publicly stayed away from politics amidst constant prodding from the party. She finally agreed to join politics in 1997; in 1998, she was elected as President of the Indian National Congress party since 1998. She has also served as the Chairperson of the ruling United Progressive Alliance in the LokSabha since 2004. In September 2010, on being re-elected for the fourth time, she became the longest serving president in the 125-year history of the Congress party. Her foreign birth has been a subject of much debate and controversy. Although she is the fifth foreign-born person to be leader of the Congress Party, she is the first since independence in 1947. 4.2.1. Career: In May 1999, three senior leaders of the party (SharadPawar, P. A. Sangma, and Tariq Anwar) challenged her right to try to become Indias Prime Minister because of her foreign origins. In response, she offered to resign as a party leader, resulting in an outpouring of support and the expulsion from the party of the three rebels who went on to form the Nationalist Congress Party. Within 62 days of joining as a primary member, she was offered the party President post which she accepted. She contested LokSabha elections from Bellary, Karnataka and Amethi, Uttar Pradesh in 1999. In Bellary she defeated veteran BJP leader, SushmaSwaraj. In 2004 and 2009, she was re-elected to the LokSabha from Rae Bareli in Uttar Pradesh. Under her leadership, India returned the Congress-led-UPA to a near majority in the 2009 general elections with Manmohan Singh as the Prime Minister. The Congress itself won 206 LokSabha seats, which was the highest total by any party since 1991. 4.2.2. Special Achievements: She was named the third most powerful woman in the world by Forbes Magazine in the year 2004 and was ranked 6th in 2007. In 2010, she was ranked as the ninth most powerful person on the planet by Forbes Magazine. She was also named among the Time 100 most influential people in the world for the years 2007 and 2008. The British magazine New Statesman listed her at number 29 in their annual survey of The Worlds 50 Most Influential Figures in the year 2010. 4.2.3. Style of Leadership: Sonias leadership style stands out different because it breaks long-standing stereotypes. Reluctant:A reluctant politician, she stunned all the stone of doubt on her due to foreign origin, by declining the post of prime minister more than once. Taking New Challenges: Being open to taking on new challenges. Despite of various controversy related to her foreign origin, she joined party and proved her worth. Breaking Language Barriers: Breaking out of the Italian on Indian soil mould was probably one of the most difficult things for her to do, considering her Hindi was heavily-accented and there were enough detractors in the opposition to play up the foreigner card. But instead of giving up, she worked on her language skills and became the force behind the pro-poor programmes of the Congress-led UPA government an Endeavour which took her to the mofussil villages of India where Hindi was the only language spoken. So much so, that this campaign helped Congress win elections again in 2009. Rejuvenating Self: She is always rejuvenating self, from small town Italian girl to one of the most powerful women in the world, she has come a long way. She has come under some of the worst criticism and the best praise in her 15-year political career. She has remained unfazed through both. 5. Results: A structured questionnaire was get filled by 200 respondents from South Mumbai. Respondents were from age group of 18 years to 24 years especially from undergraduates and post graduates 10 colleges in South Mumbai. 150 respondents were from age group of 18 years to 21 years doing graduation courses and 50 were from age group 22 years to 25 years doing post graduation courses. The questionnaire was about the leadership qualities they expect to have in their political leaders. From the table no. 1, it is found that 125 youth from age group 18 to 21 and 40 from 22 to 25 needs a leader with good personality. 40 youth from age group 18 to 21 and 10 from 22 to 25 needs a leader who follows religion based politics. Such as supporter of HINDUTAV. 110 youth from age group 18 to 21 and 40 from 22 to 25 needs a leader who follows non religion based politics. Such as support all cause irrespective of caste and creeds. 150 youth from age group 18 to 21 and 50 from 22 to 25 needs leaders who have progressive ideas and ways to implement them fast and bring the meaning of economic development meaningful for the common masses. She/He must a person of action rather than words.100 youth from age group 18 to 21 and 30 from 22 to 25 needs a leader who can spare time for interacting with common masses to understand their grievances and take actions to solve them. All the respondents need a leader who can understand youths need, is a mass leader and is a non corrupt. All the r espondents need a leader under whose leadership style there will be good governance and bring meaning to true politics and adding to meaning of democracy. 100 youth from age group 18 to 21 and 35 from 22 to 25 needs a leader with good experience and he should be prompt action taker rather than just a spectator for the situation. From the table no.2, It is found that 103 respondent favoursNarendraModi, 57 favours Rahul Gandhi and 40 favours other regarding personality as a quality for next Prime Minister. It is found that 80 respondent favoursNarendraModi, 110 favours Rahul Gandhi and 10 favours other regarding Religion based politics as a quality for next Prime Minister.It is found that 50 respondent favoursNarendraModi, 90 favours Rahul Gandhi and 60 favours other regarding non Religion Based politics as a quality for next Prime Minister. It is found that 97 respondent favoursNarendraModi, 54 favours Rahul Gandhi and 49 favours other regarding Progressive ideas as a quality for next Prime Minister. It is found that 49 respondent favoursNarendraModi, 88 favours Rahul Gandhi and 63 favours other regarding Interactive sessions with the common masses as a quality for next Prime Minister. It is found that 63 respondent favoursNarendraModi, 93 favours Rahul Gandhi and 34 favours other regarding Understanding yout hs need as a quality for next Prime Minister.It is found that 108 respondent favoursNarendraModi, 56 favours Rahul Gandhi and 36 favours other regarding Mass leader as a quality for next Prime Minister. It is found that 72 respondent favoursNarendraModi, 87 favours Rahul Gandhi and 41 favours other regarding Progressive ideas as a quality for next Prime Minister. It is found that 93 respondent favoursNarendraModi, 48 favours Rahul Gandhi and 59 favours other regarding Progressive ideas as a quality for next Prime Minister. It is found that 119 respondent favoursNarendraModi, 42 favours Rahul Gandhi and 39 favours other regarding Progressive ideas as a quality for next Prime Minister. From the graph no.1 it is reveals that, after considering the response for overall quality of political leaders for the choice between Mr. NarendraModi, Mr. Rahul Gandhi and others, 42% favours Mr. NarendraModi, 37% favours Mr. Rahul Gandhi and 21% favours Other candidate for the post next of prime Minister. 6. Conclusion of the study: It is concluded from the study that youth needed a strong, effective, action taker rather than word taker, master minded, progressive, practical rather than theoretical in action. Thus, an effective leader is the need of the day. The present study also have limitations like constrains of the respondents (in number), time and location etc. which can affect the findings. Same study can be taken on the larger basis for more effective study.

Woman’s Search for Identity in Hurston’s Seraph on the Suwanee and Thei

Woman’s Search for Identity in Hurston’s Seraph on the Suwanee and Their Eyes Were Watching God. The main female characters of Their Eyes Were Watching God, and Seraph on the Suwanee, move from oppression to liberation throughout the course of the novel. Their journey to find their own â€Å"niche† in life occurs via their relationships with men. For Janie, her relationships with dominant male figures stifle her identity as well as her ability to achieve self-actualization. For Arvay Meserve, her personal background and relationship with her authoritarian husband cause miscommunication and thus prevent her from personal growth and awareness. In both cases, a hurricane is the mechanism through which both women find their identities and place in life. Janie’s previous husbands—Logan and Joe—and Arvay’s husband, Jim Meserve, â€Å"sometimes play more the role of substitute parent than that of a husband† (Roark 207). Clearly, this type of relationship impedes one’s self-actualization (including the recognition of one’s personal desires and aspirations). While a father figure is completely...

Nonverbal Behavior in France

The culture which I have chosen to select for examples of nonverbal behaviors typically associated with that culture would be the French. The French culture proved to be rich and plentiful in a variety of interesting nonverbal behaviors. One of the more classical French gestures would be the French pout. The French pout expresses disgust, disdain and many of what was described as â€Å"just about any negative emotion beginning with â€Å"dis† (French, 2007). To pout or â€Å"faire la moue† one pushes their lips out while bringing them back in, in a facial expression like a smooch or what could look like a quick pucker. According to my research, a bored facial expression is common to accompany this pout look. The nonverbal action or behavior for â€Å"let’s get the hell out of here† is represented by holding one’s hands out, with palms down while smacking one hand down onto the other (French, 2007). The word for this nonverbal action in French is â€Å"On se tire.† One of the other nonverbal gestures in France is in expressing your disbelief at what another person is saying to you, one would use his index finger, pull down the skin under one of your eyes while saying â€Å"Mon oeil!† In the research I read on this expression it stated that it was the same as if to say in America, â€Å"my foot† (French, 2007).   I personally never heard this expression so perhaps it’s not as commonly used now as it once was. Lastly, I chose a nonverbal expression that seemed kind of unusual to me. According to one of the sites I used, in French if you were saying someone was lazy you would hold out your hands, pull on an imaginary hair supposedly growing out of your hand while saying â€Å"Il a un poil dans la main† (Welcome, 2000). In the French culture, their nonverbal language and behavior can be used for ordinary conversation or for vulgar gestures. Much of the nonverbal language can look familiar while some of their nonverbal language can look unfamiliar to those outside of France. However, it has to be stated that the French definitely have a variety of interesting nonverbal expressions that can be used to enhance their conversations. References (2007). French Language. Retrieved April 14, 2007, from Understanding and Using French Gestures Web site: http://french.about.com/library/weekly/aa020901a.htm (2000). Welcome to the French website. Retrieved April 13, 2007, Web site:  Ã‚  Ã‚  Ã‚  Ã‚   http://www.lerc.educ.ubc.ca/LERC/courses/489/worldlang/french/frenchcuHandcomm.html