Importance Of Career Anchors

Importance Of Career Anchors Edgar Schein, one of the founders in the field in modern organizational psychology, pointed out that, every one of us has a particular orientation towards work. As a result of which, we all approach our work with a set of priority and certain values. This concept is known as Career Anchors. It represents ones combination of perceived career competence and includes talents, motives, values and attitudes that give stability and direction to a persons career. It is regarded as the motivator or driver of that person. The Career Anchor depicts ones highest priority needs and the factors of work lives one may not be willing to give up. Many people are not really clear about their need and competencies and make an inappropriate career choice, that lead to dissatisfaction and frustration at work. Knowing their Career Anchor properly, people develop sufficient insight to make intelligent and appropriate career choices. Importance of Career Anchors Almost all organisations claim to serve the best interests of employees. In practice, they manage their workers careers with the best interest of the organization, not the employees. Very often, people tend to select a wrong career and find it incompatible at workplaces with their true values, resulting in feelings of unrest and discontent and lost in productivity. This necessitates becoming self-reliant, to choose and manage ones career. Career Anchors help an individual in conceptualising his own perceived career. It encompasses ones core areas of competence, motives, and career values. Very often, this perceived career anchor goes against organisational career plans and employees develop a sense of dissonance or certain incongruity about their career plans. Therefore, many organisations seek to identify perceived career anchors of their employees to develop matching career development programmes. Edgar H.Schein has identified eight such career anchors. These eight career anchor categories were discovered in longitudinal research. Subsequently, it was confirmed and corroborated in a variety of studies of different occupation, in different countries (Schein, 1971, 1975, 1977, 1978): 1. Technical/Functional Competence (TF): The persons anchored in technical or functional competence are quite knowledgeable. They are primarily motivated to produce highly effective work in some particular field of specialization. Persons with such competencies prefer to take technically satisfying job such as engineering, systems analysts or it could be different functional areas of management like finance, production and marketing. Primarily, these types of people are motivated by the work content. They tend to identify and establish themselves with their expertise very strongly. The ability to succeed and get recognized in their own areas of specialty determines their self concept. People with this anchor seldom prefer generalist position. They prefer to be challenged and use their skill to meet the challenges by doing the job properly, better than the others. 2. General Managerial Competence (GM): The advancement up in the corporate ladder to take higher levels of responsibility is the key motivation for people anchored in managerial competence. Unlike technical/functional people, fundamental characterstics of these folks are, they prefer to rise to the top, want to be manager. Managerial competence anchored people need to excel in the skills in three basic areas of management i.e analytical, interpersonal, and emotional. Analytical competence is the ability to identify, analyze, and resolve problems under uncertain conditions and with incomplete information. Analytical competence helps them to identify and analyse problems and develop situations to resolve the same. They thrive on taking higher responsibility. Interpersonal competence is characterised by the ability to supervise and influence people, lead and control and motivate them towards achievement of organizational goals. They possess the ability and desire to handle a variety of interpersonal and group situations like problem-solving and tackling unfavourable situations. Emotional competence refers to the capacity to remain energized and proactive and to maintain calm without excessive anxiety or guilt at the time of high stress, emotional and interpersonal crises and at appearances of failure. They become competent and exert leadership powers to gain control over such type of situations, without much of problem. The persons anchored with man agerial competence is characterised with all three attributes. 3. Autonomy/Independence (AU): People who are anchored by this competence have a primary and overriding need to work with their own rules and procedure. They like to work under their own pace, follow their own format, take their own time, and remain independent of others to the greatest extent possible. Usually, they tend to avoid standards and are more comfortable to work alone. The autonomy-anchored person lacks in terms of loyalty and obligation to the employer organization. They would prefer to refuse promotion or transfer, if their independence is given up. They strive to be free, independent, and self-reliant. For which, these type of autonomous people seek to attain high level of education. Fixed working hours, lack of variety of work, defined work rule etc, prevent them from becoming functionally autonomous and independent for which they leave the job t and start their own consultancy and freelancing. Teachers, professors, advertising professionals, management professionals belong to this category. 4. Security/Stability (SE): Persons with a primary need of security and stability seek and prefer to choose secure and stable employment over challenging and riskier employment. Greater stability and continuity is the primary determinant factor for these types of people to lead their lives. They tend to avoid risks and uncertainty and are generally are lifers in their jobs. This career anchored people prefer to work in Government and public sector undertakings. 5. Entrepreneurial Creativity (EC): The individual driven by entrepreneurial anchor has a strong inner urge to create a new business of his own. He has all the motivation and courage to run the risk by overcoming all the obstacles. He is driven by a strong desire to get personal gain and recognition for his own accomplishment. Being anchored for creativity, such type of people prefers to take challenging work assignments. Through innovative product and process design, they create scope for their own identification. Entrepreneurial need people differ from autonomy driven people. The entrepreneurship is firmly rooted and dedicated for ownership. Creating a marketable and profitable product or service regardless of the technology and irrespective of intellectual discipline is the objective of entrepreneurial activity. Basically, it aims at making large amount of money. These types of individuals seldom work for others for long periods of time. They are much eager to be fully active to work for an enterprise of their own. They put heavy weight to ownership and for them success is characterised by wealth. 6. Service/Dedication to a Cause (SV): Service anchored people are principally motivated to dedicate their work and even if sometimes lives in the service of others. They may dedicate their service by working in a position, in which they get opportunities to serve others directly. The counsellors, physicians, therapists, nurses or other helping or supportive occupations and professions belong to this category. Service may also include providing comfort, entertainment, athletic training, extending personal or business support activities, personal or administrative assistant or any other such type of support services that represents a contribution to others. These people have a commitment for the preservation and realization of certain set of values, that they consider much important for their own lives as well as for the larger world. That causes the manifestation of dedication among them. Usually, money is not an important motivator for these types of people. They seek recognition for their work and cause along with along with financial and working support. Dedication to a charitable cause is not the only option for this anchor. A scientist having strong desire and concern for the environment may take up a job and serve the cause. 7. Pure Challenge (CH): People driven by challenge often seek difficult problems as they can tackle it. Challenges matter at the highest possible level for these type of people. They define success in terms of winning the war or getting success over the game, bidding the contract or the sale. Overcoming obstacles, being the best, ranking the first, beating the competition, reaching at the highest, surpassing previous goals and such is the mantra they follow in their life. Experiencing challenge is primary concern for these type of people than that of area of work or specific job. Most often, they seek variety in their careers as well as in their lives. In the absence or lack of challenge make them highly dissatisfied. They tend to change their jobs with getting bored in the current one and add variety in their career. 8. Lifestyle (LS): Work is not the primary vehicle of self-expression for life-style anchored people. They are basically interested in ensuring a life balanced with various interests. They consider family, friends, hobbies, recreational and leisure activities as well as study and learning and other such work related subjects much significant in their career and life. They tend to develop their self-concepts in consideration of their total life style. The way they define and perceive their life style is the major determinant factor in choosing their careers. They prefer to take jobs, careers, occupations and organizations, that allow them to put all the major sectors of their lives together into an integrated whole. Usually, career decisions do not take over their lives. Other anchors The complexity of behaviour has identified several other categories of career concerns, though none have shown up consistently as anchors. Variety, status or identity, and power have been proposed as additional anchors. For example, the prefixes such as Major, Colonel, Brigadier used before the names of military personnel implicate a specific variety of career anchor. Such identification is so visible that they get special uniforms matching their levels in the organisation. Affiliate needs and interpersonal talents to work for a cause yet another anchor predominantly found in some persons. The search for power, influence, control and job variety are examples of other career anchors which people try to achieve in their occupational roles. People are concerned much with each of these issues and most occupations fulfil these set of needs in several of those areas in different degrees in consideration of their relative importance by different people. Employees nurturing specific career anchors are required to make it explicit to the organisation in order to find a matching occupational role without much of behavioural dissonance. Knowledge of these all career anchors are essential for any organisation in order to plan career development. Management Development Programme:- Management development programme is an attempt to improve managerial effectiveness through a planned and deliberate learning process. Unlike general purpose of training management development programme aims at developing conceptual and human skills of managers and executives through organized and systematic procedures. In India, many professional institutes like Administrative staff college of India, Management Development Institute, Indian Institute of Management, Quality Management International, National Institute of Personnel Management, Indian Society of Training and Development etc, conduct different management development programmes to sensitize managers and executives to various emerging problems of the corporate world. Management Development is defined by different authors as follows At the personal level management development is the process by which you and others gain the skills and abilities to manage yourself and others (Margerison, 1991). I define management development as the management of managerial careers in an organisational context (Burgoyne, 1998). Management development has a deceptively simple sound to it. Clearly it means, developing the ability of people to manage in their own organisational environment (Sadler, 1998). Management development is the entire system of corporate activity with the espoused goal of improving the managerial stock in the context of organisational and environmental changes (Lees, 1992). Components of MDP are: 1. Selection: To identify innate potentiality or managerial abilities of executives. 2. Intellectual conditioning: To educate executives and managers on different managerial tools techniques. 3. Supervised training: To guide executives and managers on application and use of knowledge in the course of day to day activities. MDP objectives For top management MDP intends to develop better comprehension decision-making power, while for middle level it is meant to develop their intellectual capability besides awareness of managerial problems. For specialists MDP is to increase functional knowledge in specific fields and proficiency in various management techniques. One of the interesting study of management development (MD) comparing the processes of UK and Japan by Storey et al (1994), suggested a number of objectives of MDP As a device to engineer organisational change -particularly in cultural change As a tool in pursuit of quality, cost reduction and profitability To structure attitudes To contribute to the development of learning a organisation To assist with self development Characteristics of Management Development:- Continuous Process Management development is continuous process and required to look after the entire professional career of managers and executives. In India management development is considered as a sporadic activity, resulting in failure to meet the organisational requirements. In Japan, UK, management development is a systematic and continuous activity of any organisation. Knowledge updating activity The need of management development is imperative and appreciated in filling up gap between actual and potential performance. Management development provides scope for continuous improvement in all functional areas. It bridges the gap by enriching the functional capacity of executives and managers by continuously updating their knowledge and skill. A vehicle for attitudinal activity- Human behaviour is dynamic and complex. Management development programmes attempt to understand the behavioural and attitudinal aspects of human behaviour through simulating sessions, ensure better interpersonal skill as an important prerequisite for managerial success. Stimulant to higher competence- Managers and executives are stimulated to bear the intricacies of managerial stress and strain through different management development programmes in order to exert their potential for the benefit of the organisation. Management development programme must be designed considering issues like employees motivation, habits, age mix, pattern of conflict and chaos. and this can enable elevation of managerial functions of the executives during the post training phase. Deficiency improver- Management development programmes are catered to the individual requirements to improve functional as well as personal deficiencies of the individual managers, thereby enabling the organisation to derive immediate benefit from such programmes. A self -development process- Management development facilitates self development of managers, as they learn many things through action learning methods, sharing the experience of each other in a simulated classroom atmosphere. Steps of Management Development Programme To look at the Organizations objective. To ascertain the development needs To appraise the present performance of managerial staff. To propose manpower Inventory. To plan establish trainings development Programme. To evaluate different programmes Benefits of management development There are different benefits the MDP seek for different stakeholders like individual employee, managers and organisation itself. Benefits for individual employee include- An increased ability to develop individual performance A reduction in stress about un-tackled gaps in personal performance requirements An increased chance of holding on to a desired present job An increased chance of developing potential for other job A clearer process for establishing personal aspirations A clearer process for establishing commitment of my manager and the organisation to my development Benefits for the manager of the individual include- A reduction in performance problems An increased use of additional opportunities for effective work in the unit A reduction in the belief that my manager does not believe in development More individuals capable of dealing with new or difficult tasks or complete jobs Benefits for the organisational unit include- Increased ability to meet current and organisational needs Increased effectiveness for the unit, through improved performance Increased likelihood that development for individual is based on organisational need Improved motivations for individuals leading to greater commitment to the organisations Increased provision of continuous learning rather than one off-training METHODS OF MANAGEMENT DEVELOPMENT The two categories of development methods are on-the-job development, and off-the-job development. Some of the widely used on-the-job development methods are, coaching, job rotation, under study assignments and multiple management. Off-the-job development methods include simulation exercises, sensitivity training, transactional analysis, conferences and lecturers. To ensure the success of the management development programs, they have to be evaluated from time to time. Dilemmas in Management Development Firstly, most of the times management development programme gives more attention to formally designed structured learning than that of informal and accidental learning. That dilemma needs to be reconciled. Management development programme has to embrace both informal and accidental learning opportunities as well as formally created one. A HR director may desire management development programmes, systems and policy primarily to take care of the organisation requirements than that of individual need like easier job mobility, which needs reconciliation to a great extent by sharing views and finding common ground. Secondly, very often management development seems to be looking back even at yesterdays need rather than todays. Somehow management development agenda needs to take balance view of yesterdays need with that of tomorrows. The short-term / long-term dilemma was one identified by Taylor, in 1994 requiring managers to learn to operate across a range of skills at a same time. At the end management development programme always act on a large number of mangers. With the large group there will be a significant difference of need in respect to different functional groups and job requirements which needs to be taken care of. Again management development programme very often ignores relevance of individual difference. Hence an organisation must balance and reconcile all the management dilemmas and take a contingent approach in order to be effective. ORGANISATIONAL DEVELOPMENT OD is a strategy or an effort, which is planned and managed from the top, to bring about planned organisational changes in order to enhance the effectiveness of organization as well as bring individual well-being through planned interventions based on social philosophy. The Core Characterstics of OD are Planned intervention for comprehensive long term organisation change: It involves identification of the problem, diagnoses the organisation and a planned intervention in the existing organisation that helps to become more viable. Therefore examines present working norms, values and possible areas of conflict of the organisation and develops alternatives for better health. The interventionist needs to diagnose different sub-system of the organisation and develops alternatives in the area of planning, decision making processes, goal setting, team development, organisation structure, culture, value and upgrading employees skill and abilities as well. OD takes months or years to implement. Humanistic Values: It involves Positive beliefs about the potential of employees (McGregors Theory Y). Therefore, focuses primarily on the human and social side of the organization making the organisation employee friendly and adapts business to employee (B2E) approach of management. Managed from the top. To be effective, OD must have the support of top-management. Top management has to model it, not just espouse it. The OD process also needs the buy-in and ownership of workers throughout the organization. Systems Orientation: All parts of the organization including structure, technology, and people, must work together in order to make the OD effective. It views organizations as complex social systems. Experiential Learning: The learners experiences in the training environment should be the kind of human problems they encounter at work. It should not be all theory and lecture. Problem Solving: The approach of OD is the process of identifying the organisations specific problems, gathering and analysing organisational data and taking corrective action are is taken, progress is assessed, and needed adjustments are made to resolve problems. This process is known as Action Research. Contingency Orientation: OD recognises that each organisation is different from all other and problem solving processes vary across organisation. Therefore, actions are selected and adapted to fit to the need and priorities of the organisation. Change Agent: The services of an outside expert are generally retained to implement the OD process. Active intervention of change agent stimulates, facilitate, and coordinate change. Levels of Interventions: Problems can occur at one or more level in the organization so the strategy will require one or more interventions. Collaborative approach: OD uses a collaborative approach and involves all those affected by the change in the change process unlike the traditional management structure in which orders are issued at upper levels and simply carried out by lower levels. NEED OF ORGANISATIONAL DEVELOPMENT Human resources People of an organisation certainly make the difference between organizational success and failure. Therefore, how to manage them better is crucial for any organisation. Changing nature of the workplace Modern day workers want feedback on their performance, a sense of accomplishment, feelings of value and worth, and commitment to social responsibility. They need to be more efficient, to improve their time management and of course, to continue doing more work with less people, the processes need to be more efficient. Global markets Our environments are changing, and our organizations must also change to survive and prosper. We need to be more responsible to and develop closer partnerships with our customers. In order to survive and grow, the organisations need to attack the problems, not the symptoms, in a systematic, planned, humane manner. Accelerated rate of change Taking an open-systems approach, the organisations can easily identify the competitions on an international scale for people, capital, physical resources, and information. GOALS OF ORGANISATION DEVELOPMENT Organization Development (OD) is the systematic application of behavioural science knowledge at various levels, such as group, inter-group, organization, etc., to bring about planned change. Its objectives are a higher quality of work-life, productivity, adaptability, and effectiveness. It accomplishes this by changing attitudes, behaviours, values, strategies, procedures, and structures so that the organization can adapt to competitive actions, technological advances, and the fast pace of change within the environment (Cunningham, 1990). The important goals of OD are as follows: To develop or enhance the organizations mission statement or vision statement To help in aligning functional structures in an organization for a common purpose To create a strategic plan for the organization is going to meet its future To put in place processes that will help improve the ongoing operations of the organization on a continuous basis To assist in the development of policies and procedures that will improve the ongoing operation of the organization To assess the working environment, to identify strengths on which to build and areas in which change and improvement are needed To emphasise the need for changing from closed system to open system by inculcating various social changes To create more congenial work environment To build mutual trust and confidence and to minimise conflict To make structure and role in consonance with goal accomplishment To promote a sense of ownership and pride in the organisation To decentralise decision making close to the source of activity To emphasise on feedback, self control and self-direction To develop the spirit of co-operation, and interdependency To develop a reward system based upon achievement of goals and development of people STEPS IN ORGANIZATIONAL DEVELOPMENT Organizational development (OD) is a change management strategy, is based on the understanding of behavioural sciences and is concerned with how people and organizations function and how they can be made to function better through effective use of human and social processes. Robert Black and Jane S. Mouton (1963) suggested a six-phase approach to organisational development as under: Investigation by each member of the organisation of his own managerial styles. Examination of boss-subordinate relationship. Analysis of work team action. Exploration of co-ordination issues of interrelated teams. Identifying and defining major organisational problem areas. Planning for executing agreed upon solutions that result in changes in the organisation. However, the OD effort progresses through a series of well designed stages, which can be enumerated as follows: Problem identification and diagnosis-problems that required changes in relation to various units in the organisation should be identified and diagnosed duly examining the feedback from employees. Developing strategy-appropriate strategy is developed by studying people, various sub-systems and organisation as a total system. Implementing the programme-OD programme should be implemented in a phase manner. At the outset it should be tried in a small part of the organisation and on getting positive results only, it should be implemented in total organisation. Reviewing the progress of the programme-review of OD programme should be preferably done by an expert who was not involved in designing and developing the OD programme, for getting an unbiased opinion. However the effectiveness of the OD programme SUMMARY

Client Relationship Management (CRM) Essay

Introduction The abbreviation CRM is Client Relationship Management and defined as it is a process to create a solid relationship with the customer and to know all the more about the client needs. Stronger associations with the clients will help in the improvement of the business. This process also helps to customer by getting the information about customer needs and what they desires from reputed company. CRM makes the utilization of innovation and human assets for the advancement of the business. By actualizing CRM Better client administration might be given (Avinashramana). Figure 1: CRM relationship and Management (James D. Mckeen) Minitrex Company History: Minitrex is an organization with two real divisions including finance and insurance. George Degas is the chief of offers at Minitrex, thinks about the correspondence issue happened in deals group, in light of the fact that there is no bring together client correspondence framework. , Jon Bettman designated as VP of promoting, eighteen months prior, to bring together the client correspondence focus which will be useful to expand the offers of the organization in cross and up bearings. Anyhow the thought is not executed, in view of absence of coordination between Harold Blumfen, VP of insurance, and the VP of financing, Mariella Hopkins. Insurance is a high benefit segment, which is utilizing credit organization framework to track the client charging. Blumen accepts that machines respect store data yet can’t swap persons for client learning and backing. Hpokins is an IT aficionado, who needs to overhaul IT framework, to bring about a significant improvement. Figure 2: CRM representation (James D. Mckeen) Harold Blumfen, VP of insurance, is a real benefit creator for Minitrex. His division utilizes a credit organization framework, which is created more than twenty years prior to track client billings and installments and a general administration framework to stay informed regarding which items a client has brought and what administrations the client is qualified for. Both are in a general sense backend frameworks. For front end they are  utilizing their own particular documentation. Mariella Hopkins, VP of financing, has effective involvement in managing an account division, subsidized the improvement of administration business focus application, to join together enormous keeping money administrations with little organization adaptability. This application demonstrations as an online client self administration framework, by which clients can get explanations and financing online and can get credit sanction immediately. Organization can utilize this application for client following. By co-ordinating the usefulness and client data of credit organization framework general administration frameworks and administration business focuses organization can expand its cross deals by creating the unified client contact framework Due to these reasons Denny Khan, chief of IT said, without collaboration of insurance and money Beltman can’t attain incorporated client contact data framework. CRM at Minitrex: 1. Explain how it is possible for someone at Minitrex to call a customer and not know (a) that this is a customer and (b) that this is the third time this week that they had been called? Minitrex deals group didn’t have entry to client data of protection and account divisions which are significant lines of organization. Absence of data causes this issue. Deals group is not by any means upgrading their information base. In light of these two reasons, somebody at Minitrex called n existing client and third time in same week. 2. Outline the steps that Bettman must take in order to implement CRM at Minitrex. In your plan, be sure to include people, processes, and technology As per Khan Analysis, none of the VPs assign committed business staff and plan to new framework. The execution of a client relationship administration (CRM) result is best treated as a six-stage methodology, moving from gathering data about your clients and preparing it to utilizing that data to enhance your showcasing and the client experience. Stage 1 – Collecting data The necessity ought to be to catch the data we have to recognize the obliged client contact data, with restricted offering over the groups according to security approach. Data ought to incorporate clients and order their conduct. Those organizations with a site and online client administration  have favorable element as clients can enter and keep up their own particular subtle elements when they purchase. Stage 2 – Storing data The best approach to store and deal with your client data is in a social database – an unified client database that will permit you to run all your frameworks from the same source, guaranteeing that everybody uses avant-garde data. Stage 3 – Accessing data With data gathered and put away midway, the following stage is to make this data accessible to staff in the most helpful arrangement. Stage 4 – Analyzing client conduct Utilizing information mining instruments within spreadsheet programs, which examine information to recognize examples or connections, you can start to profile clients and create deals methods. Stage 5 – Marketing all the more successfully Numerous organizations find that a little rate of their clients produce a high rate of their benefits. Utilizing CRM to addition a finer understanding of your clients’ necessities, goals and distinguish toward yourself, you can remunerate and focus on your most significant clients. Stage 6 – Enhancing the client experience Generally as a little gathering of clients are the most beneficial, a little number of griping clients regularly takes up an unbalanced measure of staff time. In the event that their issues could be recognized and determined rapidly, your staff will have more of an opportunity for different clients. References Avinashramana (2014, 09). CRM at minitrex. StudyMode.com. Retrieved 09, 2014, from http://www.studymode.com/essays/Crm-At-Minitrex-50337471.html, Customer Relationship Management, retrieved September 20th, 2014, from http://www.studymode.com/essays/Customer-Relationsihp-Management-84388.html James D. Mckeen and Smith, H.A., Making IT Happen, Wiley UK, Chichester, UK, 2003, p. 124)

Constructive trusts - Free Essay Example

Sample details Pages: 7 Words: 2084 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Trust Essay Did you like this example? Question A constructive trusts Constructive trusts are Trusts that Arise By Operation of the Law (TABOLs). This means that the law has imposed these trusts under certain circumstances. The law automatically creates an equitable title for beneficiaries in the property of the legal owner. Don’t waste time! Our writers will create an original "Constructive trusts" essay for you Create order They, are then, distinct from intentional trusts (which the settlor creates himself by using his power of ownership to create a trust). Constructive trusts may be imposed by the law in three circumstances; where a vendor of property fails or refuses to execute the necessary documents to transfer legal title to the recipient, equity states that the vendor holds the property on constructive trust for the recipient from the moment the contract of sale is signed. Secondly, where legal title to property is transferred to a third party in breach of an existing trust, the recipient can be described as a constructive trustee so that the original beneficiary can still claim his equitable interest. Finally, a constructive trust arises where individuals acquire an interest in anotherà ¢Ã¢â€š ¬Ã¢â€ž ¢s property because of their à ¢Ã¢â€š ¬Ã…“past dealings or relationship with the owner.à ¢Ã¢â€š ¬Ã‚ [1] This is the category which is relevant in this instance, and the most common one of its t ype is the constructive trust of the family home. In basic terms, a constructive trust of the family home arises where two people (usually spouses) cohabit, and although the legal title to the property is in the name of only one, the other relies on an informal agreement of joint ownership to his or her detriment. This party will acquire an equitable interest in the property under a constructive trust. The individual must show, however, that she has à ¢Ã¢â€š ¬Ã…“altered her position in reliance upon the agreement à ¢Ã¢â€š ¬Ã‚ ¦ thereby acquiring an enforceable interest à ¢Ã¢â€š ¬Ã‚ ¦ by way either of a constructive trust or a proprietary estoppelà ¢Ã¢â€š ¬Ã‚  (Lloyds Bank plc v Rossett). The law alters the legal ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s property rights in what is usually the most significant asset owned. Oakleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s comment (above) reflects an ambivalence within the legal profession towards the constructive trust as a whole, and in particular those of the fam ily home. This is based upon the fact that it is a largely arbitrary device, imposed or withheld in each case on the merits of that case, based on a consideration of what is just and equitable. The constructive trust, then, is a creature of equity which seeks to bring justice where the strict letter of the law would deliver an unjust solution. By its nature, then, it is unpredictable, which accounts for the suspicion surrounding it. Added to this is the fact that the power of equity in this case has not been informed by entirely coherent principles. A constructive trust may be imposed subject to proof of three elements. The first of these is a bargain (or common intention). This can be express or implied; that is to say the courts may infer a common intention from the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ conduct (Gissing v Gissing, per Lord Diplock). This is the so-called à ¢Ã¢â€š ¬Ã‹Å"common intentionà ¢Ã¢â€š ¬Ã¢â€ž ¢ approach, which was laid down in Pettitt v Pettitt. Secondly, there mu st be a demonstrable change in position based upon any agreement by the person seeking to establish an equitable interest. This is usually shown by proving that the person incurred a detriment or made a à ¢Ã¢â€š ¬Ã‹Å"material sacrificeà ¢Ã¢â€š ¬Ã¢â€ž ¢ in response to some bargain for beneficial entitlement (Gissing v Gissing). This change in position will usually include financial contributions or à ¢Ã¢â€š ¬Ã…“the devotion of onerous labour to a joint ventureà ¢Ã¢â€š ¬Ã‚ .[2] Finally, there must be what is known as à ¢Ã¢â€š ¬Ã‹Å"equitable fraudà ¢Ã¢â€š ¬Ã¢â€ž ¢, or the unconscionable denial of rights. This arises where the legal owner tries to deny any bargain (which has been established) by à ¢Ã¢â€š ¬Ã…“asserting the absolute, exclusive or unqualified nature of his own rights.à ¢Ã¢â€š ¬Ã‚ [3] These three requisite features were most clearly displayed in the case of Bannister v Bannister, where a lady conveyed her freehold interest in two properties to her brother-in-l aw at low rates, on the oral condition that she should be allowed to live in one of them rent-free for the remainder of her life. When the brother-in-law sought to evict her, the court held that the brother-in-law held his legal title on constructive trust, thereby giving effect to the beneficial life interest granted to the lady. A striking feature of the constructive trust of the family home is its similarity to proprietary estoppel, which is another means by which rights in land may be created informally. It has even been suggested that there is no real difference between these two strands of doctrine (Birmingham Midshires Mortgage Services Ltd v Sabherwal). It is also the case that the significance of the constructive trust in the family home has been much reduced in the case of spouses (its real significance being found in the case of other unmarried cohabitees, including same-sex couples, parents and unmarried children and others)). This is because in the case of spouses, i t would commonly arise on the breakdown of a relationship, and the courts are empowered by statute to alter property rights in these circumstances.[4] A key feature of Pettitt v Pettitt was the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s reluctance to afford the courts a general jurisdiction to rearrange the property rights of cohabitees on the breakdown of their relationship in whatever way seemed à ¢Ã¢â€š ¬Ã…“fair and just in all the circumstancesà ¢Ã¢â€š ¬Ã‚ . This pre-empted much of the uncertainty that could have arisen as a result of this type of constructive trust, but other areas persist. In many cases, for example, it is unclear whether the extent of reliance has matched what was expected under the parties common understanding. This problem was identified by Browne-Wilkinson VC in Grant v Edwards. Although there is a degree of uncertainty surrounding the constructive trust, then, and a high level of overlap with proprietary estoppel, the uncertainty ha been reduced by the courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ general reluctance to afford themselves an open-ended jurisdiction to alter property rights, as seen in Pettitt v Pettitt, and the fact that the various developmental strands of the doctrine have been drawn together in the case of Lloyds Bank plc v Rossett, in which the House of Lords delivered a unanimous verdict. As Penner states, this is now the à ¢Ã¢â€š ¬Ã…“authoritative enunciationà ¢Ã¢â€š ¬Ã‚  of the basic principles, and has reduced the lack of certainty considerably.[5] Question B problem question In this scenario, the property 8 Emerald Way is purchased in the sole name Mary. That means that she has sole legal title to the property, which in turn means that Philip does not own the legal title. At first sight, then, this situation looks promising for Mary when the relationship breaks down, as it would suggest that she, as sole legal owner, can exercise those rights associated with ownership that one would usually expect; most significantly in this s cenario, the power of sale. The situation is not that simple, however. Judging by the facts of the case, it seems certain that the courts would conclude that a constructive trust had arisen in favour of Philip. There is a further problem for Mary which relates to the contract of sale into which she has entered with Sam. This will be dealt with in turn, but it certainly seems likely that Philip will come off best. A constructive trust of the family home arises when three conditions are met. Firstly, there must be a bargain (or common intention) between the parties. This may be implied (inferred from the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ conduct) or express. In this situation, it does not appear there was an express bargain made. The fact that there was a specific reason for the legal title to be put in the sole name of Mary (in order to avoid claims from creditors endangering the property if Philipà ¢Ã¢â€š ¬Ã¢â€ž ¢s business ran into difficulty), however, could be seen to constitute a ba rgain. It is, however, sufficient that there is a common intention to à ¢Ã¢â€š ¬Ã…“confer or share some definable beneficial interest in the property concernedà ¢Ã¢â€š ¬Ã‚  (Bannister v Bannister). As it appears that it was the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ intention to share the beneficial ownership of the property, this condition of the constructive trust is met. This is a positive situation for Philip, but not so positive for Mary. The second aspect of a constructive trust is that the party seeking to establish a beneficial interest has changed his or her position in reliance upon the bargain (Gissing v Gissing). This additional requirement is a response to the statutory provision that an oral declaration of a trust of land is unenforceable.[6] Again, it seems likely in the present scenario, that Philip would have little trouble establishing detrimental reliance upon the bargain. We are not informed how the 5% deposit of  £5,000 was paid, but it seems likely that it wa s paid in equal shares by Mary and Philip. On top of this, the utility bills and general household expenses have been paid by Philip. These may be considerable. The fact that he bought the coupleà ¢Ã¢â€š ¬Ã¢â€ž ¢s new car, and funded their recent holiday to Corfu would add to this, as it has been held that à ¢Ã¢â€š ¬Ã…“indirect expenditure on the household or otherwise comprise a sufficient change of position for the purpose of founding à ¢Ã¢â€š ¬Ã‚ ¦ a constructive trust.à ¢Ã¢â€š ¬Ã‚ [7] If Philip is relying upon an implied bargain to share beneficial ownership as opposed to an express agreement, as seems likely in this case, the courts will require much more stringent proof of detriment on his part. The courts would largely be preoccupied with contributions of a monetary nature. In Lloyds Bank plc v Rossett, Lord Bridge doubted that anything less than à ¢Ã¢â€š ¬Ã…“direct contributions to the purchase priceà ¢Ã¢â€š ¬Ã‚  would be sufficient evidence of a detrimental change in position. It seems to be in favour of Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s case that the only direct financial contribution which Philip made to the purchase price was, possibly, half of the initial 5% deposit. It is significant that although it seems likely that the courts would find there to be a constructive trust in favour of Philip, that does not necessarily mean that they would be found to own the beneficial interest in equal shares. The court would be free to attribute whatever ownership shares it thought appropriate and fair (Midland Bank plc v Cooke). This would argue in favour of Mary, as she has undoubtedly made more financial contribution to the property through the mortgage repayments that Philip has. In Eves v Eves, for example, the claimant redecorated the entire house, demolished a garden shed, and prepared the garden for turfing. The Court of Appeal awarded her a one-quarter share under a constructive trust. From Samà ¢Ã¢â€š ¬Ã¢â€ž ¢s point of view, the construc tive trust in favour of Philip will probably be found to bind Sam as well (as happened, for example, in Williams Glynà ¢Ã¢â€š ¬Ã‹Å"s Bank Ltd v Boland). Before entering the contract for sale, Sam should have made such enquiries as were reasonable to discover Philipà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest. If a constructive trust is found in favour of Philip, then, he remains the beneficiary while Sam would become the constructive trustee. Mary would be liable to Philip for whatever monetary loss Philip has incurred. In summary, then, Maryà ¢Ã¢â€š ¬Ã¢â€ž ¢s position with regard to claiming sole ownership of the property is not very strong. Although she is the sole legal owner, it seems likely that the courts will impose a constructive trusteeship on her in relation to Philipà ¢Ã¢â€š ¬Ã¢â€ž ¢s beneficial share of the property. This may not be a 50% share, but it is certainly likely to be something. The contract of sale is subject to the constructive trust, and Philip would have a direct mo ney claim against Mary for losses suffered. BIBLIOGRAPHY Statutes Law of Property Act 1925 Matrimonial Property and Proceedings Act 1970 Matrimonial Causes Act 1973 Cases Bannister v Bannister [1948] 2 All ER 133 Birmingham Midshires Mortgage Services Ltd v Sahara [2000] 80 P CR 256, CA Eves v Eves [1975] 1 WLR 1338, CA Gissing v Gissing [1971] AC 886 Grant v Edwards [1986] Ch 638 Lloyds Bank plc v Rossett [1991] 1 AC 107 Midland Bank plc v Cooke [1995] 4 All ER 562, CA Pettitt v Pettitt [1970] AC 777 Williams Glynà ¢Ã¢â€š ¬Ã‹Å"s Bank Ltd v Boland [1981] AC 487 Secondary sources Gray, K., and Gray, S.F., Elements of Land Law (Oxford, 2005) Martin, J.E., Modern Equity (London, 2001) Penner, J.E., The Law of Trusts (LexisNexis, 2004) Footnotes [1] Penner, J.E., The Law of Trusts (LexisNexis, 2004), p.127 [2] Gray, K., and Gray, S.F., Elements of Land Law (Oxford, 1995), p.937 [3] Gray, K., and Gray, S.F., Land Law (Butterworths, 2003), p.288 [4] Matrimonial Property and Proceedings Act 1970, s37, and Matrimonial Causes Act 1973, s24 [5] Penner, p.133 [6] Law of Property Act 1925, s53(1)(b) [7] Gray and Gray, p.297

Globalization and It Effects on Cultural Integration the...

GLOBALIZATION AND IT EFFECTS ON CULTURAL INTEGRATION: THE CASE OF THE CZECH REPUBLIC. INTRODUCTION I. AN OVERVIEW. With the growing standards of the world and the existing concepts and complexities in political, economic and socio-cultural ideologies, man has always and continuously pondered over the aspects of his nature. Unity, equality, trade and commerce are at the forefront of mans complexities. With these thoughts in mind, man has moved through history trying to satisfy his desires in relation to others. The advent of the twenty-first century gave birth to the idea of making the world a single village, thus, globalization. Globalization is the most talk-about issues in the 21st century. However, there is the difficulty†¦show more content†¦III. OBJECTIVES OF THE STUDY. The main objective of this study is to examine globalization and its effects on cultural integration in the Czech Republic. Other objectives are to examine the effects of globalization on the economic, political and socio-cultural domains in the Czech Republic in general. To determine how globalization has contributed to the transformation of the national sovereignty to global sovereignty. It is also to examine the current rate of integration and the characteristics of the people in the cultural integration process. Furthermore, the study is intended to identify and describe the techniques in which people become culturally integrated and the number of questions being raised. It is also aimed at examining the role of government, the United Nations the World Bank, the NGOs, the Foreigners, Immigrants, in the cultural integration process. Finally, it is to examine the constraints and consequences of cultural integration, since the long-term results are leaving a legacy positively and negatively. 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