Sunday, January 26, 2020

The Definition And Essence Of F O B Contract

The Definition And Essence Of F O B Contract A seller f.o.b. performs his obligation by putting the goods which conform to the contract onboard the ship at his expense. The general rule in f.o.b. contracts is that risk passes on shipment and according to the traditional view, this is made when the goods cross the ships rail. Moreover, there are various types of f.o.b. contract, and for the sake convenience, they have been grouped under three major headings which depend on the intention of parties as decided by the terms of contract and the surrounding circumstances. It is in the first place directed exclusively to the elaboration of the first of the two basic features of the f.o.b. contract mentioned earlier, namely, to the division of costs and responsibilities which putting goods free on board may actually entail in various instances. For this reason they have been termed respectively the strict or classic f.o.b. contract, the f.o.b. contract with additional services and the f.o.b. contract (buyer contracting with carrier). The definition of F.O.B. It is difficult to define a FOB contract because there are many different variants: Devlin J.  [1]  explains the FOB contract as a flexible instrument. The main obligations of the parties to an FOB contract were described judicially in Wimble, Sons and Co v Rosenberg.  [2]  The seller must put on board ship goods which conform to the contract a must pay all charges in connection with loading. The seller is not obliged to book shipping space in advance; the buyer must nominate the ship to carry the goods and notify the seller of the nomination in time to allow the seller to deliver the goods on board. The costs of carriage are for the buyers account. The essence of F.O.B. Contract It is not easy to state in general terms the duties of an f.o.b. seller, for the obvious reason that they vary according to the type of f.o.b. contract in question. A further difficulty in discussing the duties of the seller results from the fact that shipment under an f.o.b. contract is in many respects a collaborative enterprise, involving co-operation between buyer and seller. It can, however, be said that the principal duties normally undertaken by an f.o.b. seller are to put goods which conform with the contract on board the ship in accordance with the shipping instructions (if any) received from the buyer, and the buyer are to bear the expense of doing so. Additional duties may, of course, be undertaken in the contract.  [3]   When looking at the various judicial pronouncements that have attempted to define the f.o.b. term, one statement may be struck by the general term in which they are implicit. One of the earliest is probably Stock v Inglis  [4]  a case dealt with specific goods, where it was stated: If the goods dealt with by the contract were specific goods, it is not denied but that the words free on board, according to the general understanding of merchants, would mean more than merely that the shipper was to put them on board at his expense; they would mean that he was to put them on board at his expense on account of the person for whom they were shipped; and in that case the goods so put on board under a contract would be at the risk of the buyer whether they were lost or not on the voyage. Now that is the meaning of those words free on board in a contract with regard to specific goods, and in that case the goods are that the purchasers risk, even though the payment is not to be made on the delivery of the goods on board, but at some other time, and although the bill of lading is sent forward by the seller with documents attached, in order that the goods shall not be finally delivered to the purchaser until he has accepted the bills or paid cash.  [5]   Almost a century later Lord C.J. similarly stated in J. Raymond Wilson Co. Ltd. v. N. Scratchard Ltd.  [6]  that the f.o.b. term has: For a long time, certainly more than one hundred years, had a well-known meaning, and if a party sells goods free on board, the meaning is that he has to put the goods on board and to pay the expense of doing so, and delivery is made and the goods are at the risk of the buyer when they are on board, the expense having been paid by the seller.  [7]   Looking in both these judgments, there are two characteristics of the f.o.b. terms, which can be summarized as follows: â‚ ¬Ã‚  the seller must pay the cost and bear the responsibility of putting goods free on board , in other words, bear the full liability for the cost and safety of the goods until the point of their passing the ships rail, and that upon this being accomplished delivery is complete and the risk of loss in the goods is there and then transferred to the buyer.  [8]   However, the above cited definitions are only directed to the essential features of the f.o.b. term. They do not include an extensive or detailed examination of a variety of marginal responsibilities of which many have been the subject of dispute and even litigation between parties to f.o.b. sales. For example, they do not indicate whether an obligation, monetary or other, which relates to the shipment of the goods, that must be complied with before the goods can in fact be loaded, is for the buyers or for the sellers account.  [9]  In the absence of express contractual stipulations, judicial interpretations have had to rely on usage or custom and by implication attempt to ascertain what the intention of the parties with respect to performance must have been. Furthermore, there are various types of f.o.b. contracts, and for the benefit of convenience, they have been divided into three groups. The variations appear in the other incidents of the relationship between the parties depend upon the terms of the contract and the surrounding circumstances.  [10]  The first type is the strict or classic f.o.b. contract. The second is the f.o.b. contract with additional services. The last type may be described as the f.o.b. contract (buyer contracting with carrier).  [11]   Type of F.O.B. clauses Schmitthoff states that the term f.o.b. is used in transactions of different character and the responsibilities which arise under the clause differ according to the nature of the transactions in which the term occurs. The incidental obligations which the term f.o.b. implies have to be ascertained by an analysis of the express or implied intention of the parties. A distinction of considerable practical importance is that between three types of f.o.b. contracts, and, it depends on the parties which of these types are used.  [12]   The first type is the strict or classic f.o.b. contract. Schmitthoff explains this type of f.o.b. in the following term. He said: Under this arrangement the buyer has to nominate a suitable ship. When it arrives in the port of shipment, the seller places the goods on board under a contract of carriage by sea which he has made with the carrier, but this contract is made for the account of the buyer. The seller receives the bill of lading which normally shows him as consignor and is to his order, and he transfers it to the buyer. Marine insurance is normally arranged by the buyer directly, if he wishes to insure, but he may also ask the seller to arrange marine insurance for the buyers account.  [13]   The second type is the f.o.b. contract with additional services. Schmitthoff notes that: Under this arrangement the shipping and insurance arrangements are made by the seller, but this is done for the account of the buyer. In this type of f.o.b. contract the buyer is not under an obligation to nominate a suitable ship but the nomination is done by the seller. Again, as in contracts of the first type, the seller enters into a contract with the carrier by sea, places the goods on board ship and transfers the bill of lading to the buyer.  [14]   The third type may be described as the f.o.b. contract (buyer contracting with carrier). Schmitthoff states that: Here the buyer himself enters into a contract of carriage by sea directly or through an agent, e.g. a forwarder. Naturally the buyer has nominated the ship, and when it calls on the port of shipment, the seller puts the goods on board. The bill of lading goes directly to the buyer and does not pass through the sellers hands.  [15]   Consequently, in f.o.b. contract of the first and third type the buyer has the duty to nominate the ship, but in the second type this duty rests with the seller.  [16]  Furthermore, in contracts of the first and second type the seller is in contractual relationship with the sea carrier, and for this reason the second type has been described as a variant of the first type.  [17]  However, for the third type it is the duty of the buyer who may make the contract of carriage by sea with the carrier and the seller is not a party in this contract.  [18]   The Duties of the Parties The f.o.b. term is very flexible. Therefore, the duties of the parties between three types of f.o.b. contract subjects to the intention of the parties and the surrounding circumstances which of these types is used.  [19]   1) Nomination of Vessel The obligation to nominate the vessel can be placed on the seller or the buyer. However, unless agreed otherwise, this duty in f.o.b. contract is on the buyer.  [20]  Hence, in this case the buyer has to nominate an effective vessel in which he has booked shipment space. The buyer also has the duty to inform the seller of the name of the ship and the date when the vessel will be available for loading.  [21]  The nomination must be notified to the seller to give the seller sufficient time to put the goods on board a ship nominated by the buyer. If the buyer fails to nominate an effective vessel is a breach of contract, the seller is entitled to claim damages for breaching of the contract. Nevertheless, the seller will not be able to claim the purchase price if the buyer has not nominated an effective ship because the ownership in the goods will remain with the seller. In Colley Overseas Exporters  [22]  the seller was only entitled to damages, and not to the purchase price since the buyer failed to name a ship so property in the goods still remain with the seller and never passed to the buyer.  [23]  As a result of this uncertainty, the seller is advised to insist upon a contract clause requiring the purchase price to become due on a fixed date, whether a suitable vessel has been named or not.  [24]   Some f.o.b. contracts need the purchasers notification of the vessels nomination and readiness to receive delivery of the goods is given to the seller in advance of delivery. Then, if the buyer fails nominate a vessel on time means he is in breach of the contract, and the seller may refuse to deliver the goods on board, in Bunge Corp. v Tradax Export S.A.  [25]  was held that: The court will require precise compliance with stipulations as to time, wherever the circumstances of the case indicate that this would fulfil the intention of the partiesà ¢Ã¢â€š ¬Ã‚ ¦ And that: It is clearly essential that both buyer and sellerà ¢Ã¢â€š ¬Ã‚ ¦ should know precisely what their obligations are, most especially because the ability of the seller to fulfil his obligation may well be totally dependent on punctual performance by the buyer. Schmitthoff states that the buyer has the duty to nominate a vessel in a strict f.o.b. contract and an f.o.b. (buyer contracting with carrier) contract. However, this duty is not necessarily for him in f.o.b. contracts with additional services since in this type of contract he may leave the choice of the ship to the seller.  [26]   2) Substitute Vessel Time of nomination is usually of the essence of the f.o.b.contract. Therefore, if the nominated ship is withdrawn or the nomination fails for some other reason, the buyer is obliged to name a substitute vessel, on condition that loading can be accomplished within the contract period.  [27]  This was so held in Agricultores Federados Argentinos v. Ampro S.A.  [28]  .Consequently, it means that if the buyers first nomination fails and the original vessel becomes unavailable for any reason, a substitute vessel may still be nominated by the buyer, provided loading can be completed within the contract period.  [29]  Moreover, the purchaser must respond any additional expense caused by the substitution. 3) The Duty to Obtain an Export License Normally the duty to obtain an export license is on the seller since he is in the better position to do so and the language of the contract or the surrounding circumstances may indicate that the seller was intended to assume this duty.  [30]  On the other hand, if he does not, there is no rule about who should have the duty to procure an export license under an f.o.b. contract. Each case must be determined on its own fact and situation. In H.O. Brandt Co Ltd. v H.N. Morris Ltd  [31]  the Court of Appeal held that the obligation of applying for and obtaining an export license lay with the buyers rather than the sellers and Scrutton L.J. observed that: the buyers were under a duty to provide an effective vessel that is to say a vessel, which can legally carry the goods. If this is so the obtaining of a license is the buyers concern. It is their concern to have the vessel sent out of the country after the goods have been put on board and the fact that a prohibition against export includes a prohibition against bringing the goods to the port or other place for exportation does not cast a duty of obtaining a license on the sellers. Bringing the goods on to the port is merely subsidiary to the export, which is the gist of the license. On the other hand, in A.V. Pound Co Ltd. v M. W. Hardy Co. Inc.  [32]  , by the House of Lords was held that in the circumstances of the case the duty to secure the export license was cast on the sellers and not on the buyers. Accordingly, it is obvious that duty to secure an export license will depend upon the circumstances of each case that it shall be obtained by the seller or the buyer. 4) Transfer of Property Under the ships rail rule is explained that for the f.o.b. contract there is a presumption that the passing of property to the buyer occurs when the goods pass the ships rail, but this remains subject to any express indication by the parties that they intend the passing of the property can occur at a different time under the Sale of Goods Act 1979, s.17. According to the above rule, there is the legal notion is applied despite the fact that some period before passing the ships rail it will have become impractical for the seller to recall and substitute the goods. In Pyrene v Scindia Navigation Co. Ltd. [1954]  [33]  , said: à ¢Ã¢â€š ¬Ã‚ ¦a fire tender was damaged during the loading process immediately before it had crossed the ships rail. The property in the soods remained with the seller at the time they were damaged even though, in reality, the seller could not by then have halted the loading to call the fire tender back to shore to substitute it with another. 5) Transfer of Risk In f.o.b. contract Goode notes to the passing of risk of the goods that the risk passes to the buyer on shipment even though the seller has retained the bill of lading, or has had it made out to his own order to secure the price, and even if he intended to reserve a right of disposal.  [34]   Conclusion

Saturday, January 18, 2020

Physical Exercise and GPA Essay

Physical education connotes many different things to people. To some it is a subject area which focuses on physical training. Conventionally, this has meant promoting activities which lead to anatomical and physiological development (Sansone, 2000). The notion of â€Å"PT† and calls to improve the physical condition of our nation’s youth in order to provide a strong base for the military have also been consistent with this idea (Ennis, 2001). Others have had a more expansive view of physical education and portrayed the area as â€Å"education through the physical,† rather than of the physical (Pringle, 2000). Such a notion suggests that involvement in a variety of sports and games provides participants not only with opportunities to develop physical prowess, but to learn important social values while developing desirable personal traits. A third major thrust that has affected the meaning attributed to the concept is associated with its recreational function (Ruth, 2006). The basis of this theme is that people perform optimally when they have periodic diversions from their normal â€Å"work† world, and that involvement in physical activity can provide necessary relief and renewal. Closely affiliated with this idea is that physical recreation provides a â€Å"wholesome† and constructive use of one’s free time (Lee2002). Despite such grandiose themes, Duda (2001) has argued that within the larger context of higher education classes focusing on the acquisition of skilled movements and play are viewed as â€Å"†¦ nonintellectual, nonacademic, nonessential, and nonartistic† (p. 433). As a result of such perceptions he believes that physical education is relegated to a peripheral role in the academy, and its practitioners pay a price for its marginal status in their daily lives. Furthermore, Duda suggests that a large part of physical education failing to gain acceptance in higher education is a consequence of the static criteria used to assess academic value in general. According to his analysis value of a curricular offering is typically based on such things as the intellectual challenge of material, the extent to which subject matter is categorized as academic rather than motoric, the usefulness of learning various skills, and the cultural significance of an area of study. His recommendation for redressing physical education’s plight is to convince those using such criteria to assess worth in broader, and less dualistic ways. Hence the types of challenges presented in physical skill acquisition situations might be understood as important stimuli for developing human capacities that complement those capacities acquired from more conventional intellectual pursuits. While the idea of rethinking criteria that should be used for judging academic value may be laudable, how this might come about is difficult to conceive. An alternative and, yet, much simpler approach for improving the viability of physical education classes in higher education is to improve the quality of student outcomes. In essence, it may be that the inclusion of physical education in higher education is not contested on philosophical grounds, but on operational ones. As Duda (2001) conveys â€Å"†¦ performance classes are elective, not required. Skill instructors are rarely hired as tenure track faculty. Credit toward graduation may not be given for such classes, and grading is often pass/fail. Passing marks are virtually assured with a good attendance record† (p. 437). If such a profile is accurate, it is difficult to understand how student achievement can be significant or the entire enterprise viewed as essential to the general curriculum. Indeed, such a profile connotes that the physical education curriculum is soft, and that whether or not students acquire certain information and/or master specific skills is ambiguous. Considering physical education’s past philosophical themes and its current trends of providing opportunities for students to: (a) recreate, (b) build and maintain health through exercise, (c) learn how to compete and cooperate, and (d) develop specific sport skills and levels of fitness, instructors often have difficulty in identifying and utilizing meaningful grading criteria. This has been attributed to both philosophical (Midgley, 2001) and managerial (Pringle, 2000) concerns. Indeed, as observed by Church (2001) many physical educators compute grades based on student behaviours which are unrelated to performance or knowledge objectives, such as dress, participation, and discipline. Interestingly, Ennis (2001) found that in colleges and universities virtually all grading in physical education is left to the discretion of the instructor, including selection of criteria and instruments to be used to assess student achievement. They also reported a trend toward less testing of all types. Consequently, it is not surprising that with so many ideas about what is to be accomplished, and so little control over how this should be done, it is difficult, if not impossible to determine the value of physical activity courses in the general curriculum. Indeed, it is one thing to provide sound philosophical arguments for why a particular discipline belongs in the curriculum, and quite another to operationalize the philosophy so that its essence is actualized. Recent studies suggest the importance of objective assessment not only as a device to promote the legitimacy of physical education in an academic setting, but as a tool to promote learning. For example, Pringle (2000) showed that student achievement in table tennis classes reflected the focus of evaluation. Students graded totally on physical skills performed most skilfully at the end of a class performed most skilfully, while those graded on attendance and participation had lower performance scores but the highest attendance rates. As well, Lee (2002), demonstrated how the proper use of evaluation and grading tools promotes on task behaviour and superior skill development in volleyball. Chen (2001), using a riflery task, also demonstrated that grading based on task competence was superior to grading based merely on participation when skill development was examined. Hidi (2000) further argues that the appropriate use of grading can promote positive attitudes towards a course, develop a student’s sense of confidence, and lead to substantial achievement. The reason why a rift exists between using grading as an integral part of the learning process, and using it only to fulfil administrative requirements seemingly is a complex problem that involves philosophical, technical, and practical issues (Duda, 2001). Yet, in a time when accountability is expected, and when cost cutting is widespread, empirical evidence for the integrity of a program is imperative. What and how we grade conveys a great deal about who we are, what we do, what we can accomplish, how we are viewed by others outside of our field, and whether physical education is considered as essential to the mission of education. Hence, the purpose of the present investigation was to acquire empirical descriptive data about grading of physical education in higher education. In light of our field’s history of divergent philosophical views, ambitious, and often ambiguous goals, and its defensive position in higher education (Duda, 2001), an examination of what and how we grade would seemingly shed light on where we are as a discipline. Furthermore, such an investigation might help identify important issues that need to be addressed and resolved if we are to gain the degree of acceptance the field has so desperately sought over the years. Method Instrument To acquire information about college physical education programs a questionnaire was developed which, in addition to requesting information about an institution’s profile (e. g. , public-private, size, approximate percentage of students enrolled in physical education, etc. , asked a series of questions about its physical education activity program. These included: (a) whether students received academic credit which counted in a student’s GPA, (b) the number and duration of class meetings, (c) how important various factors such as skill development, effort, and attendance were in computing a grade, (d) whether the department had a policy on grading, (e) the approximate percentage breakdown of grades awarded (e. g. , As, Bs, Cs, etc. ), and (f) whether the issue of grading had been considered by the department in the past five years. Prior to mailing the survey, questions were pilot tested on a group of five senior collegiate faculty members in a department of exercise and sport studies. These individuals each had taught undergraduate and graduate theory courses as well as a variety of undergraduate physical activity classes at a number of colleges and universities. They were quite knowledgeable about different types of service programs (e. g. , credit, required, no credit non-required) and how they typically operated. Furthermore, they were apprised of the questionnaire’s intent, and were asked to provide feedback on the clarity of questions as well as the instrument’s overall format. Based on feedback from this group, questions were reworded, added and deleted. In addition, the sequence of questions was revised for the purpose of providing a more coherent structure. The final version of the survey contained eight questions, some of which had subparts. As well, pilot testing demonstrated that a respondent could complete the questionnaire in approximately ten minutes. Coding of Data As surveys were returned data were coded into an Excel Spreadsheet by two trained assistants, and then analyzed using Exel’s statistical functions. It is noteworthy to report that during the data reduction process it became evident, as conveyed by a number of respondents, that quantitative data which were requested from a number of questions did not exist Consequently, many respondents either did not answer such items or acknowledged that they merely volunteered their own perceived best guess, or a numerical range within which they believed the actual value requested would occur. Hence, a decision was made to code and analyze all data acknowledging that, for the most part, they only reflect respondent’s best estimates, rather than â€Å"hard† numbers. Furthermore, where a range was given, the midpoint was used in further analyses. In passing, the observation that certain types of data were not acquired or readily available may in itself be an important finding since a department’s viability may depend on such information. Items falling into this category included such things as: (a) the number of students taking physical education classes in a semester, (b) the typical grade distribution (e. g. , % As, % Bs, etc. ), (c) the factors utilized to compute course grades, and (d) whether an institutional limit existed for the number of physical education courses that could be taken by a student for academic credit. Results Sample Within a thirty day period of mailing surveys 556 (44%) responses were received. Table 1 shows a break down of respondents by institution type and size. Because of financial limitations, further attempts to obtain data from nonrespondents were not attempted. Of the 556 respondents, 78 (14%) indicated that they did not have, or no longer had a physical education activity program. This was somewhat of a surprising finding, especially so because many conveyed that their institution’s program had been recently eliminated. Whether a trend toward program elimination actually existed is of significant import to our profession and deserves immediate attention. Schools which indicated that they did not offer physical education classes were removed from further analysis, leaving 478 institutions in the database. Is Academic Credit Given for Physical Education Activity Courses? An important question posed by this investigator was whether institutions grant academic credit which counts in a student’s GPA for taking physical education activity courses. Presumably, this would indicate whether classes were viewed as a meaningful part of the institution’s general curriculum. It was found that 335 (72. %) of respondents reported that academic credit which is computed in a student’s GPA was awarded for physical education activity courses. Table 2 reveals that Public State Universities and Colleges were somewhat more likely to award academic credit than Private Universities and Colleges. Furthermore, while a few institutions had a unique formula for computing the amount of credit earned in a class, nearly all institutions granted one credit per course. A follow-up question probed how much of such credit may be counted in a student’s total academic program. Although there seemed to be a great deal of uncertainty regarding the answer to this question, many respondents indicated that their institution had not set a limit or did not have a policy (only 65% of respondents who count physical education credit in the GPA responded). Those that were clear on this issue indicated that a limit did exist, and that the median value across institutions and within school categories was four credits. A subsequent question probed what the course time commitment was for earning credit. Across institutional types classes typically met for the length of a semester (14-15weeks), and for two contact hours a week. How are Grades Computed? A number of questions regarding how grades were computed ‘followed. An initial issue was whether or not the department had a policy on grading. The idea here was to get a sense of whether faculty members agreed on how such things as skill, knowledge, and class participation should be weighed in determining a student’s performance. In regard to this question, 80% of respondents indicated that their departments did not have a formal grading policy. Nonetheless, many individuals conveyed that students were administered tests of skill and knowledge, but that course instructors ultimately determined assessment tools, how various components were weighed, and the course grade computed. Because most departments did not have a formal grading policy, the next set of questions should be interpreted as only giving a general sense of how grades are computed from a respondent’s general perceptions. This question probed whether grades were competency based (i. e. students are assessed on the absolute level of performance attained), or norm based (i. e. , students are graded in relation to other students in the class). Results showed that most respondents (60. 6%) thought that grading at their institution was competency based, although a fair number reported that they thought their grading system was more norm based (23. 3%). The remaining 16. 1% either were unsure or did not respond to this item. Another question related to this issu e was whether the amount learned was considered to be as important as the level of performance attained. Interestingly, 72% of respondents believed that instructors at their institutions weighed the amount learned as being equivalent to the proficiency attained, while 21% did not see these of equal importance. The remaining 7% were missing or undecided. In light of the previous data indicating a bias toward competency based grading, the response to this question is surprising since the amount learned would only be of importance if it correlated highly with proficiency attained. This may or may not be the case, but needs further investigation. Another way of probing the importance of factors employed in computing a grade was to ask respondents about how important they believed a subset of factors were in arriving at a grade. They rated the factors of (a) effort, (b) attendance, (c) attitude, (d) amount learned and (e) level of performance on a five-point scale anchored by the terms very important(5). Overall, attendance (1. 3) and amount learned (1. 4) had the lowest median values (i. e. , highest perceived weighting). The level of performance attained (1. ), and effort expended (1. 8) followed closely, while attitude (2. 3) appeared lowest in importance. It should be noted that all of these criteria tended to fall between the very important and uncertain end of the continuum. With the exception of performance attainment, it is not clear why the other factors identified were viewed as important in grading, if grading is competency based. For that matter, these criteria would also be somewhat problematic for a norm referenc ed standard which focuses on relative competency attainments. Respondents were also asked to estimate the percentage distribution of grades in physical education at their institution. Overall, as were perceived to be the most prevalent grade and were awarded to 51% of students. Bs were the next most prevalent grade awarded to 31% of students with Cs following at 14%. Ds and Fs were infrequently given with a combined percentage of 7%. Has the Issue of Grading been Considered in the Past Five Years? A final question asked whether the issue of grading had been considered by a department in the past five years. Although 51% had not discussed this issue, 47% had done so. The questionnaire requested respondents who answered this question in the affirmative to comment on what issues were discussed by their departments. Clearly, the topic of whether to change from a letter grade system to a pass-fail system was the most widely discussed issue. Related to this was the subject of grade inflation and the idea that moving to a pass-fail system may reduce pressure from various constituencies (e. g. , administrators, faculty, regents) to reduce the number of high grades awarded. There were also numerous comments about criteria to be used in grading, consistency in grading across sections of a course, and among different courses. Several respondents also commented on the conflict between trying to encourage lifelong participation m activities and the negative connotations of having to grade based on an individual’s proficiency. From the nature and number of comments collated, it was evident that departments have grappled with this issue, but remain in a quandary about an ideal solution.

Friday, January 10, 2020

Buying Good Essay Topics for 8th Graders

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Thursday, January 2, 2020

Shells Alternative Business Models Fracking - 2361 Words

Carlos Moura EGS Individual Assignment Shell’s Alternative Business Models: Hydraulic Fracturing Table of Contents 1. Forward 2 2. Context 3 3. Hydraulic Fracturing 4 4. Actors 4.1. Shell 5 . 4.2. Community 6 4.3. Government 7 5. The opponents perspective 7 6. Conclusion 9 7. References 10 Word count: 1980 (excluding Table of Contents and References) 1. Forward In June, 2010, an annual favorability poll by Gallup covering the 24 largest industries in the US, rated the oil industry 24th out of 24 for the seventh year in a row (Jones 2010). Despite multinational Oil and Gas companies having the most†¦show more content†¦This is particularly relevant in South Africa which has massive unemployment and poverty. Shell’s Blueprints Scenario (Shell International BV, 2008) makes the gas energy model central to this utility. However, the modern economic, social and environmental context has led to energy companies being increasingly subject to mandatory government regulations and optional guidelines in order to mitigate the effect of their operations on the environment and society. This in turn has led to a progressive focus on the ‘triple bottom line’ which takes into account the multifaceted impacts of the energy business. In addition to economic benefits through increased tax payments to the government, Shell cite the following benefits to local citizens, should their application to undertake Fracking in the Karoo be successful (Shell presentation to Syndicate1, May 2012): * Fair compensation to landowners for loss of rent and/or crops * Job opportunities for local communities * Access roads and infrastructure, and possible early connection to the gas energy grid * Training and development of people, suppliers and the enterprise * Corporate Social Investment In essence Shell is saying that these measures fulfil their obligation to the community. Staying with this Deontological perspective, one can say that Shell have the right to make profits from land which has been lawfully procured, which in turn is aligned with their duty to shareholders. When