Commerce Notes
Commerce Notes
INTRODUCTION
Business is the activity of making one's living or making money by producing or buying
and selling products (such as goods and services).
Business Objectives
o Economic Objectives.
o Social Objectives.
o National Objectives.
Functions of business
1. Organizing function:
It helps to organize all the activities. It organizes men, Machine, materials, money and
methods. It performs different activities and all activities are organized properly
2. Financing function:
3. Production function:
The main function of business is to produce goods and commodities and transfer them to
right place at right time. It helps to complete needs of human beings.
4. Distributing function:
5. Personnel function:
It deals with human activities. It is related o the utilization of people to perform different
activities. It is also called staffing function. It helps in management of resources.
6. Managing function:
It helps in improvement of product. It works under the taste, desire and preference of the
customers. In it various marketing, strategies, skills, knowledge and experts are used.
Research and development is the main way to achieve profit with customer satisfaction
Objectives of business
a) Economic objectives
The economic objectives are related to earning profit through customer satisfaction. It is
to provide quality goods with reasonable price. Economic objectives can be defined in
terms of money too. Some of the major economic objectives are:
1. Earning profit:
The main economic function of business is earning profit. It includes supply of quality
goods and services to gain profit.
2. Production of commodities:
Production of goods and services are to be done according to the customer demand and
desired. Supply of commodities is also to be done according to needs of customer.
3. Creation of market:
Business can provide service only if demand of customers are fulfilled. When production
is made according to the requirements of the customers then there is creation of new
customer which creates new market.
4. Technical improvement:
Use of modern technology is the base for successful operation o business. When modern
tools, techniques and technologies are used then there is production of quality goods.
5. Innovation:
New ideas, methods, men, tactics and technology create the ways of better production
and services. It helps in survival of business too.
2. Social objectives
Business is operated in society and use resource available in society. This is known social
objectives. It fulfills social expectation. All business operations are established in society,
grow in society and fulfill all its expectation in society. Some of the major social
objectives of business are:
It provides better quality of goods and services by charging reasonable price. It provides
right product at right time in right place. It involve in fulfillment of social objective.
2. Utilizing resources:A business house can’t continue its operation without utilizing
the resources available in the society. But there must be proper utilization of
resources and no any destruction in name of utilization. Maintenance of
environment is must.
3. Providing employment:
There are many people in the society. Human needs are the basic need for operation of
business. Many personnel are require dot fulfill the job of a business. Therefore a
business house without nepotism and favoritism must employ the human from the society
and provide employment opportunities to the optimum level.
c) .Human objectives
1. Satisfaction of employees:
2. Payment to creditors:
Creditors means supplier who supply goods and services. It is the objective to make duly
payment. Satisfaction of creditors helps in further expansion of business.
3. Satisfaction of customers:
Production of goods and services are to be done according to the customer demand
and desired. Supply of commodities is also to be done according to needs of
customer. It provides better quality of goods and services by charging reasonable
price
4. Satisfaction of shareholder:
It returns to investors the amount they have invested in business in the name of profit
earn. They should be given reasonable returns of their investments. The objectives are to
provide reasonable rate of return to shareholder. It also provides the information about
plan of business.
Elements of a Business Plan
Your well-thought-out business plan lets others know you’re serious, and that you can
handle all that running a business entails. It can also give you a solid roadmap to help you
navigate the tricky waters. The seven components you must have in your business plan
include:
1. Executive Summary
2. Business Description
3. Market Analysis
4. Organization Management
5. Sales Strategies
6. Funding Requirements
7. Financial Projections
Starting a Business
Most likely you have already identified a business idea, so now it's time to balance it with
a little reality. Does your idea have the potential to succeed? You will need to run your
business idea through a validation process before you go any further.
You need a plan in order to make your business idea a reality. A business plan is a
blueprint that will guide your business from the start-up phase through establishment and
eventually business growth, and it is a must-have for all new businesses.
Starting a small business doesn't have to require a lot of money, but it will involve some
initial investment as well as the ability to cover ongoing expenses before you are turning
a profit.
Your business name plays a role in almost every aspect of your business, so you want it
to be a good one. Make sure you think through all of the potential implications as you
explore your options and choose your business name.
There are a variety of small business licenses and permits that may apply to your
situation, depending on the type of business you are starting and where you are located.
You will need to research what licenses and permits apply to your business during the
start-up process.
Small businesses run most effectively when there are systems in place. One of the most
important systems for a small business is an accounting system.
Your accounting system is necessary in order to create and manage your budget, set your
rates and prices, conduct business with others, and file your taxes.
Setting up your place of business is important for the operation of your business, whether
you will have a home office, a shared or private office space, or a retail location.
If you will be hiring employees, now is the time to start the process. Make sure you take
the time to outline the positions you need to fill, and the job responsibilities that are part
of each position. The Small Business Administration has an excellent guide to hiring your
first employee that is useful for new small business owners.
Once your business is up and running, you need to start attracting clients and customers.
You'll want to start with the basics by writing a unique selling proposition (USP) and
creating a marketing plan. Then, explore as many small business marketing ideas as
possible so you can decide how to promote your business most effectively.
THE NATURE OF BUSINESS
A business:
i. Is an economic activity that deals with the purchase and sales of commodities and
services. Every activity undertaken by it is supported by the exchange of money.
Not only do businesses sell their goods or services for profit but they also purchase
raw materials. As a result of this purchase, businesses have to shed out funds in
order to acquire resources that can bring them profits.
ii. Focuses on profits because profits are the entrepreneur’s (and employee’s)
earnings. Profits are different that incomes or revenues. They refer to that margin
of income which is not a part of the cost price. Thus, profit = selling price – cost
price.
iii. Is a continuous process of buying and selling. Raw materials and inventories are
crucial for the functioning of a business. As a result of the business activities, the
raw materials and inventories undergo conversion into finished goods or services.
iv. Undergoes risks and uncertainties related to loss of goods via theft. Risks of
accidents within the business premises is a crucial matter that all firms must
address and prepare for. Insurance of the entire firm with the assets and inventories
is also very important.
PURPOSE OF A BUSINESS
For general purposes, it is necessary to classify production into three main groups:
1. Primary Production:
2. Secondary Production:
This includes production in manufacturing industry, viz., turning out semi-finished and
finished goods from raw materials and intermediate goods— conversion of flour into
bread or iron ore into finished steel. They are generally described as manufacturing and
construction industries, such as the manufacture of cars, furnishing, clothing and
chemicals, as also engineering and building.
3. Tertiary Production:
Industries in the tertiary sector produce all those services which enable the finished goods
to be put in the hands of consumers. In fact, these services are supplied to the firms in all
types of industry and directly to consumers. Examples cover distributive traders, banking,
insurance, transport and communications. Government services, such as law,
administration, education, health and defence, are also included
Factors of Production:
In economics the term land is used in a broad sense to refer to all natural resources or
gifts of nature. As the Penguin Dictionary of Economics has put it: “Land in economics
is taken to mean not simply that part of the earth’s surface not covered by water,
but also all the free gifts of nature’s such as minerals, soil fertility, as also the
resources of sea. Land provides both space and specific resources”.
Characteristics:
1. Fixed supply:
The total land area of earth (in the sense of the surface area available to men) is fixed.
Therefore, the supply of lands is strictly limited. It is, no doubt, possible to increase the
supply of land in a particular region to some extent through reclamation of land from sea
areas or deforestation. But this is often offset by various kinds of soil erosion. The end
result is that changes in the total area are really insignificant. Of course, the effective
supply of agricultural (farm) land can be increased by drainage, irrigation and use of
fertilisers.
2. Alternative uses:
Although the total supply of land is fixed, land has alternative uses. The same plot of land
can be used to set up factories or to grow wheat or sugarcane or even to build a stadium.
This means that the supply of land to a particular use is fairly (if not completely) elastic.
For example, the amount of land used for growing tomato can be increased by growing
less of some other crop (e.g., cauliflower). The supply of building land can be increased
by reducing the area under agricultural operation.
3. No cost of production:
Since land is a gift of nature, it has no cost of production. Since land is already in
existence, no costs are to be incurred in creating it. In this sense, land differs from both
labour (which has to be reared, educated and trained) and capital (which has to be created
by using labour and other scarce resources or by spending money).
4. Differences in fertility:
Another important feature of land is that it is not homogeneous. All grades (plots) of land
are not equally productive or fertile. Some grades of land are more productive than
others. And Ricardo argued that rent arises not only due to scarcity of land as a factor but
also due to differences in the fertility of the soil.
Finally, we may refer to a special feature of land, not shared by other factors. In fact,
production on land is subject to the operation of the law of diminishing return. As Alfred
Marshall has put it “while the part which nature plays in production shows a tendency to
diminishing return, the part which man plays shows a tendency to increasing return”.
Mobility:
Return:
The income received by the owner of land is known as rent. It may be noted that rent is
usually paid for something more than the use of land or another natural resource, but
includes also an element of payment for another factor which is involved in making the
resource available in a usable form.
(2) Labour:
Like land, labour is also a primary factor of production. The distinctive feature of the
factor of production, called labour, is that it provides a human service. It refers to human
effect of any kind—physical and mental— which is directed to the production of goods
and services. ‘Labour’ is the collective name given to the productive services embodied
in human physical effort, skill, intellectual powers, etc.
Labour differs from land in an important way. While land is a stock, labour is a flow. The
term ‘labour’ is used to refer to the flow of labour service per unit of time. So labour is
perishable. If we do not make use of today’s labour power, a correspondingly large
amount is not made available tomorrow (and in future).
The employer, however, must be able to exert some control or authority over the actions
of employees. This is not a very simple matter, which can be covered unambiguously by
a contract of employment. A great deal of energy has been devoted to planning systems
for the direction of employees, and even a brief examination of the state of industrial
relations in most countries shows that still much remains to be done.
In other words, labour and the labourer go together. When the seller sells a commodity he
does not necessarily go with the commodity. But the labour can supply his labour only
when he goes with it. Moreover, when a seller sells a commodity he parts with it. But
when a labourer sells his labour, he retains the quality with him. He may gain the
satisfaction of his services, but he cannot be separated from the labour.
5. Fifthly, the individual must be present when the labour services are used and thus
a fifth feature is that labour services are not transferable:
For example, a person who has agreed to carry out certain tasks cannot transfer his
services to someone else to do the work, while he does something else. This contrasts
with commodities which can be transferred among individuals.
Labour cannot be ‘saved’ or stored for future use (although rest may enhance
performance to some extent).
7. Labour is perishable:
A commodity, if it is not disposed off today, can be disposed off the next day and it may
not lose its value. Labour, however, is perishable in this that if the labourer is not able to
sell his services for a day he cannot get the value for that day. It is lost forever; it is
because of this that labour has a weak bargaining power.
A commodity is usually very much affected by its surrounding; a labourer is very much
affected by the surroundings because he is a living being. Therefore, any change in
atmosphere has an effect on his health feelings etc.
In case of most commodities we see that supply usually varies with demand but in case of
labour its supply is in no way related to demand. Both are determined by different
factors.
Skill acquisition is often a lengthy and costly process. However, adjustments in the
labour market, such as increasing the supply of a particular skill, often requires a long
time. This also means that individuals do not usually train for more than one occupation
as they only have a limited working life over which to justify the investment.
Mobility of Labour:
(a) The spatial or geographical mobility of labour, which relates to the rate at which
workers move between geographical areas and regions in response to differences in
wages and job availability (e.g., a worker from West Bengal moving to Mumbai) and
(b) The occupational mobility of labour which relates to the extent to which workers
change occupations or skills in response to differences in wages or job availability (e.g., a
jute mill worker joining a tea garden).
Reward:
The reward or price that is paid to labour in return for the services it performs is known
as a wage or salary. A man’s wages are associated with his productivity or efficiency and
this, in its turn, depends on a variety of factors including the education and job training he
has received, his innate skill and the extent to which he is motivated to put his best effort
in the work he is doing.
(3) Capital:
Capital, the third agent or factor is the result of past labour and it is used to produce more
goods. Capital has, therefore, been defined as ‘produced means of production.’ It is a
man-made resource. In a board sense, any product of labour-and-land which is reserved
for use in future production is capital.
To put it more clearly, capital is that part of wealth which is not used for the purpose of
consumption but is utilised in the process of production. Tools and machinery, bullocks
and ploughs, seeds and fertilizers, etc. are examples of capital. We have already identi-
fied certain things described as capital in our discussion on producers’ goods.
Classification of Capital:
Capital can be classified in two broad categories that which is used up in the course of
production and that which is not.
Fixed capital means durable capital like tools, machinery and factory buildings, which
can be used for a long time. Things like raw materials, seeds and fuel, which can be used
only once in production are called circulating capital. Circulating capital refers to funds
embodied in stocks and work-in- progress or other current assets as opposed to fixed
assets. It is also called working capital.
In fact, it is this enhanced productivity which represents the reward for the sacrifice
involved in creating capital. Hence we can predict that new capital is only created so long
as its productivity is at least sufficient to compensate those who make the sacrifices
involved in its creation. These two features may now be discussed in detail.
Capital Formation:
People use capital goods like machines, equipment, etc. because capital goods are the
creators of other goods. But this is not the whole truth. People use capital for another
important reason to produce goods with less effort and lower costs than would be the case
if labour were not assisted by capital. But in order to use capital goods people must first
produce them. This calls for a sacrifice of current consumption.
(a) Savings and (b) a diversion of resources (from the production of consumption goods
to meet current needs to the production of capital goods to meet future needs). Saving is
the difference between current income and current consumption. In other words, it is the
act of foregoing current consumption.
In short, capital formation depends on savings, which, in its turn, depends on two
things:
The capacity to save depends on income and the existence of savings institutions like
banks, insurance companies, post offices, stock exchanges, etc. If income is low, savings
will also be low. Even if income is high savings will be low in the absence of the above-
mentioned savings institutions.
(1) the rate of interest and (2) stability in the value of money (i.e., the rate of inflation).
If the rate of interest is high people will be eager to save more by curtailing their current
consumption. People will also be eager to save more if they expect that there will exist
reasonable price stability in the economy in future.
Mobility of Capital:
Capital is both geographically and occupationally mobile. However, a certain portion of a
nation’s capital stock which consists of such things as railway networks, blast furnaces
and shipyards are highly specialised equipment and are virtually immobile in the geo-
graphical sense. It is physically possible to dismantle them and move them to different
sites or locations, but the cost of doing so will be so great that it will not be economically
feasible to do so.
Return:
The earning of capital, i.e., the price that has to be paid for it, is known as interest. If it
stated as percentage of the principal, representing the sum paid by a borrower who needs
finance to purchase a piece of capital equipment.
Meaning:
Organisation, as a factor of production, refers to the task of bringing land, labour and
capital together. It involves the establishment of co-ordination and co-operation among
these factors. The person in charge of organisation is known as an organiser or an
entrepreneur. So, the entrepreneur is the person who takes the charge of supervising the
organisation of production and of framing the necessary policy regarding business.
1. Decision-making:
2. Management Control:
Earlier writers used to consider management control one of the chief functions of the
entrepreneur. Management and control of the business are conducted by the entrepreneur
himself. So the latter must possess a high degree of management ability to select the right
type of persons to work with him. But the importance of this function has declined, as the
business nowadays is managed more and more by paid managers.
3. Division of income:
The next major function of the entrepreneur is to make necessary arrangement for the
division of total income among the different factors of production employed by him.
Even if there is a loss in the business, he is to pay rent, interest; wages and other
contractual income out of the realised sale proceed.
5. Innovation:
Certain products and services are necessary for the very existence of the society. They
include nation’s defense and related services, price protection, flood control, protection of
public monuments, buildings etc. These services are called non-excludable public
services or goods. The market mechanism cannot and shall not provide such services.
Hence, they cannot be left to the market mechanism.
The provision of basic infrastructure like power, communication, port facilities, banking
and other institutional facilities is sin qua non for the growth of the national economy. It
involves a huge capital outlay.
At the same time, the return is very poor when compared to the capital investment
involved in them. Moreover, it is not also advisable to leave them in the hands of private
individuals or market participants to bear the burden. Moreover, they may also exploit the
society if they have a free hand in them.
Perfect market in its original sense, does not exist anywhere in the world. Even developed
economies are no exception to this. The Government cannot correct the imperfections in
the market absolutely. However, as pointed out by Gerald Sirkin, these imperfections are
capable of at least partial correction by the Government action. He further declared that
the state might help to correct some of the imbalances in the market mechanism in the
following ways.
Market system will work better only when the individual participants i.e. consumers,
resource owners and entrepreneurs have perfect and correct information on various
aspects. They need information regarding the quality and prices of raw materials, end
products, factor costs, labour exchanges and so on.
5. Promotion of Competition
Competition, in its real sense has never existed in all free market economies. The past
history shows that how business people and industrialists avoided Competition and
exploited the society by using certain devices like mergers and amalgamations,
syndicates, pools and cartels.
The Government in this regard can help in many ways. In particular it can
In extreme cases, it can even open domestic market to foreign competition, streamline its
own licensing etc.
Government can provide cheap credit facilities to certain sectors and stimulate their
growth. Examples of such sectors are small business and agriculture. These sectors
provide employment opportunities to millions of people but the private credit agencies
are not extending a helping hand to this sector.
Free market in its literal sense does not exist anywhere in the world. The market
mechanism has certain inherent defects, which cannot be corrected without the
intervention of the state. Situations, which call for state intervention, include the
following.
Laws pertaining to marketing and advertising set in motion by the Federal Trade
Commission exist to protect consumers and keep companies honest about their products,
according to Business.gov. Every business in the country is required to comply with the
truth-in-advertising laws and could face lawsuits for violation.
2.Environmental Impact
The carbon footprint and the effect of businesses on the environment is regulated by the
Environmental Protection Agency alongside state agencies. The EPA enforces
environmental laws passed by the federal government through educational resources,
frequent inspections and local agency accountability.
4.Privacy Protection
Sensitive information is usually collected from employees and customers during hiring
and business transactions, and privacy laws prevent businesses from disclosing this
information freely. Information collected can include social security number, address,
name, health conditions, credit card and bank numbers and personal history. Not only do
various laws exist to keep businesses from spreading this information, but people can sue
companies for disclosing sensitive information.
The Safety and Health Act of 1970 ensures that employers provide safe and sanitary work
environments through frequent inspections and a grading scale. A company must meet
specific standards in order to stay in business. This regulation has changed frequently
throughout the years alongside the changing sanitary and workplace standards.
RECORDING BUSINESSTRANSACTIONS
Resources in business are called assets and resources supplied by the owner
are called
capital
Therefore equation (i)
ASSETS = CAPITAL
Major examples:
Trade creditors or accounts payable – owed amounts as a
resultof
business buying goods oncredit.
Other creditors - owed amounts for services supplied to
thefirm
other than goods.
Bank overdraft - amounts advanced by the bank for ashort-
term
period.
Capital: This is the residual amount on the owner’s interest in
the firm after deducting liabilities from the assets.
Solution
Asset Sh Sh
Motor Vehicle 3,000
Premises 7,000
Stock 2,000
Cash at bank 600
Cash in hand 300
12,900
Liabilities
creditors 800
Loan- D 4,000 (4,800)
Evans
8,100
Capital 8,100
D Moody
Statement of financial position as at 7 May 2002
Current Assets
Stock 26,880
Debtors 19,480
Cash at Bank 1,400
74,800
Current Liabilities
Creditors (18,160)
NetCurrent Assets 56,640
Net Assets 133,320
Capital 133,320
The capital in a business does not remain intact but changes over
time due to the following factors: additional investments, profits
drawings or losses.
1) Additional investments (I)-occurs when the owner of the
business brings in his personal cash or assets into the business for
business use. Addition investment increase the capital of
thebusiness.
2) Profits (P) -defined as the excess revenue obtained after
paying costs of a business increase the level of capital and assets
of thebusiness.
3) Drawings (D)-refer to the money or other assets taken from
the business by the owner for personal use. Drawings reduce the
ofbusinesscapital.
4) Losses(l)–
occurswhenthecostofgoodsorservicesaregreaterthantheirsaleprice
.losses reduce the level of business capital.
A sole proprietorship does not have a separate law to govern it. So there are not many
special rules and regulations to follow. It does not require incorporation or registration of
any kind. In most cases, only a license is required to carry out the desired business.
2] Liability
Since there is no separation between the owner and the business, the liability of the owner is
also unlimited. So if the business is unable to meet its own liabilities, it will fall upon the
proprietor to pay them. All of his personal assets (like his car, house, other properties etc)
may have to be sold to meet the liabilities of the business.
The owner is the only risk bearer in a sole proprietorship. Since he is the only one
financially invested in the company, he must also bear all the risk. If the business fails or
suffers losses he will be the one affected.
4] No Separate Identity
In legal terms, the business and the owner are one and the same. No separate legal identity
will be bestowed upon the sole proprietorship. So the owner will be responsible for all the
activities and transactions of the business.
5] Continuity
Just as we saw above the business and the owner have one identity. So a sole proprietorship
is entirely dependent on its owner. The death, retirement, bankruptcy. insanity,
imprisonment etc will have an effect on the sole proprietorship. In most of such cases, the
proprietorship will cease to exist and the business will come to an end.
A proprietor will have complete control of the entire business, this will facilitate quick
decisions and freedom to do business according to their wishes
Law does not require a proprietorship to publish its financial accounts or any other
such documents to any members of the public. This allows the business a great deal
of confidentiality which is sometimes important in the business world
The owner derives maximum incentive from the business. He does not have to share
any of his profits. So the work he puts into the business is completely reciprocated in
incentives
Being your own boss is a great sense of satisfaction and achievement. You are
answerable only to yourself and it is a great boost to your self-worth as well
He carries on business on behalf of the other partners. If he wants to retire, he has to give
a public notice of his retirement; otherwise he will continue to be liable for the acts of the
firm.
There are two essential conditions for the principle of holding out : (a) the person to be
held out must have made the representation, by words written or spoken or by conduct,
that he was a partner ; and (6) the other party must prove that he had knowledge of the
representation and acted on it, for instance, gave the credit.
6. Minor as a partner:
A partnership is created by an agreement. And if a partner is incapable of entering into a
contract, he cannot become a partner. Thus, at the time of creation of a firm a minor (i.e.,
a person who has not attained the age of 18 years) cannot be one of the parties to the
contract. But under section 30 of the Indian Partnership Act, 1932, a minor ‘can be
admitted to the benefits of partnership’, with the consent of all partners. A minor partner
is entitled to his share of profits and to have access to the accounts of the firm for
purposes of inspection and copy.
7. Other partners:
In partnership firms, several other types of partners are also found, namely, secret partner
who does not want to disclose his relationship with the firm to the general public.
Outgoing partner, who retires voluntarily without causing dissolution of the firm, limited
partner who is liable only up to the value of his capital contributions in the firm, and the
like
A partnership is a business with several individuals, each of whom owns part of the
business. The relationship between the partners and the duties of partners are clarified in
the partnership agreement.
In any partnership, each partner must "buy in" or invest in the partnership. Usually, each
partner's share of the partnership profits and losses is based on his or her percentage share
of ownership.
Partnerships are formed by state laws, so some partnership types may not be available in
some states.
General Partnership
Limited Partnerships
A limited partnership includes both general partners and limited partners. A limited
partner does not participate in the day-to-day management of the partnership and his/her
liability is limited. In many cases, the limited partners are merely investors who do not
wish to participate in the partnership other than to provide an investment and to receive a
share of the profits.
In a limited partnership, limited partners have limited liability because they don't
participate in management decision-making. General partners don't have limited liability
because they are active in making decisions - and being liable for them.
LLC or Partnership?
In recent years, the limited liability company has become more common than the general
partnership and the limited partnership, because it has more limited liability for the
owners (as the name suggests).
But there are still cases in professional practices in which some partners want to be
limited in the scope of duties and they just want to invest, having the liability protection.
You might have also considered setting up your multiple-person business as an LLC.
While a multiple-member (owner) LLC is taxed like a partnership, there are differences
in liability and in other ownership provisions. Read more about the differences between
an LLC and partnership.
Types of Partners
Just to confuse the issue, a partnership can have different types of partners - general
partners and limited partners. There can be both types of partners in any type of
partnership except for the general partnership, which has only general partners. Briefly,
the two types of partners:
Finally, the awkwardly-named limited liability limited partnership is a new and relatively
uncommon variety. This is a limited partnership that provides a greater shield from
liability for its general partners.
Principles of cooperation
1.Promoting structural conditions and global policies conducive to development
Switzerland does everything it can to ensure that the conditions for effective global
development and international cooperation are met. It promotes increased responsibility
for authorities and civil society in partner countries and it endeavours to obtain fair and
favourable legal conditions for the private sector and non-governmental organisations. It
promotes sustainable and global management of issues relating to water, food security,
climate, health and migration, and it lobbies for green economic growth.
Cooperation is of different types. MacIver and Page have divided cooperation into two
main types namely, (i) Direct Cooperation (ii) Indirect Cooperation.
(i) Direct Cooperation
Under direct cooperation may be included all those activities in which people do like
things together. For example, plying together, working together, carrying a load together
or pulling the car out of mud together. The essential character of this kind of cooperation
is that people do such identical function which they can also do separately. This type of
cooperation is voluntary e.g., cooperation between husband and wife, teacher and student,
master and servant etc.
(ii) Indirect Cooperation
Under indirect cooperation are in included those activities in which people do unlike
tasks together towards a common end. For example, when carpenters, plumbers and
masons cooperate to build a house. This cooperation is based on the principle of the
division of labour. In it people perform different functions but for the attainment of the
common objective. In the modern technological age, specialization of skills and function
are more required for which indirect cooperation is rapidly replacing direct cooperation.
A.W. Green has classified cooperation into three main categories such as (i) Primary
cooperation (ii) Secondary cooperation (iii) Tertiary cooperation.
This type of cooperation is found in primary groups such as the family. In this form, there
is an identity of interests between the individuals and the group. The achievement of the
interests of the group includes the realization of the individual’s interests.
(ii) Secondary Cooperation
This type of cooperation is ground in the interaction between the various big and small
groups to meet a particular situation. In it, the attitudes of the cooperating parties are
purely opportunistic; the organization of their cooperation is both loose and fragile. For
example, two political parties with different ideologies may get united to defeat their rival
party in an election.
Perpetual succession: As per company law, perpetual succession means that the
company continues its existence even any owner or member dies, goes bankruptcy, exits
from the business and transfers his shares to another person.
Prospectus: Prospectus is a detailed statement that must be issued by a company that
goes public. However, private limited companies do not need to issue a prospectus
because the public is not invited to subscribe for the shares of the company.
Number of directors: A private limited company needs a minimum of only 2 directors.
At least one director on the board of directors must have stayed in India for a total period
of not less than 182 days in the previous calendar year. The directors and the shareholders
can be the same people.
Capital: Minimum share capital required is only Rs. 1 lakh.
PUBLIC COMPANY
A public company is a company that has permission to issue registered securities to the
general public through an initial public offering (IPO) and it is traded on at least one
stock exchange market. A public company is not authorised to begin its business
operations just upon the grant of the certificate of incorporation. In order to be eligible to
run as a public company, it should obtain another document called a trading certificate.
Advantages of a Public Limited Company
Members: In order for a company to be public , it should have a minimum of 7 members
(maximum unlimited).
Limited liability: The liability of a public company is limited. No shareholder is
individually liable for the payment. The public limited company is a separate legal
entity, and each shareholder is a part of it.
Board of Directors: A public company is headed by a board of directors. It should have
a minimum of 3 and can have a maximum of 15 board of directors. They are elected from
among the shareholders by the shareholders of the company in annual general meetings.
The elected directors act as representatives of the shareholders in managing the company
and taking decisions. Having a bigger board of directors therefore benefits all
shareholders in terms of transparency as well as fostering a democratic management
process.
Transparency: Private limited companies are strictly regulated and are required by law
to publish their complete financial statements annually to ensure the true financial
position of the company is made clear to their owners (shareholders) and potential
investors. This also helps to determine the market value of its shares.
Capital: A public company can raise capital from the public by issuing shares through
stock markets. Public companies can also raise capital by issuing bonds and debentures
that are unsecured debts issued to a company on the basis of financial performance and
integrity of the company.
Transferable shares: A public limited company’s shares are purchased and sold on the
market. They are freely transferred among the members and the people trading on stock
markets.
Disadvantages of going public:
Prospectus: For a public company, issuing prospectus is mandatory because the public
is invited to subscribe for the shares of the company.
Expensive: Going public is an expensive and time consuming process. A public
company must put its affairs in order and prepare reports and disclosures that match with
SEBI regulations concerning initial public offerings (IPO). The owner has to hire
specialists like accountants and underwriters to take the company through the process.
Equity Dilution: Any company going public is selling a part of the company’s
ownership to strangers. Each bit of ownership that the owner sells comes out of their
current equity position. It is not always possible to raise the amount of money that you
may need to operate a public corporation from shares, so company owners should hold at
least 51 percent of the ownership in their control.
Loss of Management Control: Once a private company goes public, managing the
business becomes more complicated. The owner of the company can no longer make
decisions independently. Even as a majority shareholder, they are accountable to minority
shareholders about how the company is managed. Also, company owners will no longer
have total control over the composition of the board of directors since SEBI regulations
place restrictions on board composition to ensure the independence of the board from
insider impact.
Increased Regulatory Oversight: Going public brings a private company under the
supervision of the SEBI and other regulatory authorities that regulate public companies,
as well as the stock exchange that has agreed to list the company’s stock. This increase in
regulatory oversight significantly influences management of the business.
Enhanced Reporting Requirements: A private company can keep its internal business
information private. A public company, however, must make extensive quarterly and
annual reports about business operations, financial position, compensation of directors
and officers and other internal matters. It loses most privacy rights as a consequence of
allowing the public to invest in its stock.
Increased Liability: Taking a private company public increases the potential liability of
the company and its officers and directors for mismanagement. By law, a public company
has a responsibility to its shareholders to maximize shareholder profits and disclose
information about business operations. The company and its management can be sued for
self-dealing, making material misrepresentations to shareholders or hiding information
that federal securities laws require to be disclosed.
What are the key differences between private and public companies?
Some of the main differences between private limited companies and public limited
companies include:
public companies can offer their shares for sale to the general public
two directors are required for public companies whereas only one is needed for a
private company
public companies cannot accept an undertaking to do work or perform services as
consideration for allotment of shares
public companies cannot purchase their own shares out of capital
public companies must appoint a Company Secretary who is suitably qualified
public companies have six months in which to file their annual accounts as
opposed to private companies which have nine months
public companies are required to hold an annual general meeting whereas this is
generally not a requirement for private companies
A Government Company:
1. Section 617 of the Companies Act, 1956 defines a Government company: “A
Government company, in which not less than 51% of the share capital is held by the
Central Government, or by any State Government and includes a company which is a
subsidiary of a Government Company.”
2. It is created by Articles of Association and Memorandum of Association. It is not a
department or an extension of the State. It is not an agent of the State.
3. It has the characteristics of a Private Company. The Articles of Association and
Memorandum of Association can easily be amended by the resolutions, meetings of the
members of the Government Company.
4. Where the object of the establishment is purely commercial, then Government
Company is preferable.
5. Examples: S.C.Co. Ltd, National Construction Co. Ltd.; etc
6. Prerogative writs cannot be issued against them.
7. Government Companies are under the control of:
(i) Judicial control;
5. Medical support:
A medical insurance considered essential in managing risk in health. Anyone can be a
victim of critical illness unexpectedly. And rising medical expense is of great concern.
Medical Insurance is one of the insurance policies that cater for different type of health
risks. The insured gets a medical support in case of medical insurance policy.
6. Spreading of risk:
Insurance facilitates spreading of risk from the insured to the insurer. The basic principle
of insurance is to spread risk among a large number of people. A large number of persons
get insurance policies and pay premium to the insurer. Whenever a loss occurs, it is
compensated out of funds of the insurer.
Both parties involved in an insurance contract—the insured (policy holder) and the
insurer (the company)—should act in good faith towards each other.
The insurer and the insured must provide clear and concise information regarding
the terms and conditions of the contract
The insured must have an insurable interest in the subject matter of the insurance
contract.
The owner of the subject is said to have an insurable interest until s/he is no longer
the owner.
This principle can be a little confusing, but the example should help make it clear.
Subrogation is substituting one creditor (the insurance company) for another (another
insurance company representing the person responsible for the loss).
After the insured (policyholder) has been compensated for the incurred loss on a
piece of property that was insured, the rights of ownership of this property go to
the insurer.
The loss of insured property can be caused by more than one incident even in
succession to each other.
Property may be insured against some but not all causes of loss.
When a property is not insured against all causes, the nearest cause is to be found
out.
If the proximate cause is one in which the property is insured against, then the
insurer must pay compensation. If it is not a cause the property is insured against,
then the insurer doesn’t have to pay.
This is our final principle that creates an insurance contract and the most simple one
probably.
2. Group Insurance:
Group Insurance is insurance or life insurance obtained by a person as a member of a
group, such as a professional organization, rather than as an individual, because in this
way better terms can often be obtained. This is because there is an administrative saving
for the company, and sometimes also because a particular group has a better life
expectancy than people in general.
3. Life Insurance:
Life Insurance/Assurance is a contract by which the insurer/assuror undertakes to pay the
person for whose benefit the cover is effected, or to his personal representative, a certain
sum of money on the happening of a given event, or on the death of the person whose life
is assured.
4. Marine Insurance:
It is contract by which underwriters engage to indemnify the owner of a ship, cargo or
fright against losses from certain perils or sea risks to which their ship or cargo may be
exposed. In case of marine insurance another type of insurance is prevalent known as
Mutual Insurance.
This type of insurance is provided by ship-owners throughout the world who have
clubbed together in various mutual protection and indemnity associations to cover
hazards which are not covered by marine policies, which have standard clauses leaving a
number of contingencies un-provided for, or only partially provided for. The liabilities of
mutual insurance company are periodically divided amongst the subscribers in proportion
to the tonnage they have entered with the company.
5. Fire Insurance:
Is a contract of indemnity by which an insurance company undertakes to make good any
damage or loss by fire to buildings or property during a specific time.
MONEY
Introduction
Money is the essential monetary transaction that people use every day. Without Money,
there will be no marketing and economy in human kind. Money acts as a fundamental
medium of exchange which clears up both humanity’s past and present obligations.
Economists define money as widely accepted by society and acts as payments for goods
and services.
Functions of Money
As a general rule, economists have finalized and defined all the four types of functions of
money which are medium of exchange, measurement of value, standard of deferred
payments and lastly store of value.
1. As for Medium of Exchange, ever since it being introduced into the economic
society, money has been fulfilling its duty to act as an essential function which is
medium of exchange in the society. Money facilitates well as our monetary
transactions to purchase and own both tangible and intangible goods and services as a
medium of exchange.
4. Money must hold its value over time; it must act a Store of Value. As before,
goods were beyond possible to store its surplus value under barter economy. After
the creation of money, the following issue has been solved efficiently. Retailers
and sellers can now store their surplus retailing earnings. Saving money is now
secure in value without having to worry its loss of value (Education, 2012) Rather
than spending today, you can store it for use in the future.
Characteristics
1. First, to serve as an effective medium of exchange and store of value, money must
be durable. Durability is when an item is able to withstand all the hardships and is
still able to maintain to be undamaged and usable after a long term of usage.
(SubraMoney, 2011) Durability is crucial for money to be able to perform the
following functions of medium of exchange and store of value. Coins and paper
bills are made to perform and to act as the currency. Nowadays, Money is
manufactured with the materials such as paper, metal and plastics, which results to
a long lasting medium. (SubraMoney, 2011)
4. Moreover, uniformity means that all types of the same denomination of money
must consist of purchasing power. It is a characteristic to perform the function of
standard of deferred payments. (SubraMoney, 2011)
Meaning of Banks:
A bank (German word) means a joint stock fund. A bank denotes a financial institution
dealing in money. A bank is an institution that is prepared to accept deposits of money
and repay the same on demand.
A banker (i.e., person or a corporation) deals in credit and money i.e. it accepts deposits
from those who want to commit their wealth to safety and earn interest thereon, and lends
money to the needy through cheques and advances and loans of various sorts.
Functions of a Bank:
(a) It accepts deposits from the customers, who can take back their money at will. A
saving bank also pays interest to customers on their deposits and is popular with
small savers.
(b) A bank lends money to needy people at a certain interest rate. Banks give loan
to agriculturists, industrialists and businessman who invest it in their ventures to
their own profit and to the economic advancement of the country.
(c) A bank issues notes and creates other inexpensive media of exchange-a note or a
cheque. The issue of notes is entrusted to the Reserve Bank of the country.
(d) The deposits may be created by the bank itself by giving loans to its customers,
in which case the borrower is credited with a deposit account with draw able when
needed. The money borrowed from the bank is usually deposited in the same bank
by the borrowers either because the bank insists on it or because of the advantages
of current account deposit. Such deposits are known as Credit Deposits.
(vii) Supplying change and assisting the central bank/Reserve bank in keeping the note
issue in good condition.
Types of Banks:
b. To deal in Hundies.
c. To receive deposits.
Most of the banks in India are Commercial banks, e.g., Punjab National Bank, Allahabad
Bank, United Commercial Bank etc. Such banks deal in short-term credit. They collect
the surplus balances of the individuals and finance the temporary needs of commercial
transactions. A commercial bank borrows money from individuals by accepting deposits
on current account saving account, fixed deposits and miscellaneous deposits and then it
lends money to Industrialists and Traders.
(c) Does not involve itself too much with one industry only, because if that industry fails,
the bank’s assets may become frozen.
Whereas commercial banks finance the internal trade of the country, the Exchange banks
finance its foreign trade. Exchange banks of our country will have their head office
located outside India.
(ii) To purchase and discount bills of exchange drawn by Indian exporters and also
collect on maturity the proceeds of bills drawn on Indian Importers for goods purchased
by them.
(iii) To act as referees, collecting and supplying information about the foreign customers,
etc.
(iv) Central Banks:
Central Bank of a country is an apex monetary and banking institution that controls the
supply of currency in that country. Central bank is entrusted with the duty of regulating
the volume of currency and credit in the country. Central bank controls the banking
structure of country. Central bank controls and regulates the monetary, banking and credit
policies of the country.
For performing its function, the Reserve Bank consists of the following
departments:
(a) Issue department. It has the sole right of note issue which must be backed by gold and
sterling securities to the extent of 40%.
(c) Exchange control department. It controls foreign exchange transaction and maintains
a stable rate of exchange.
(e) Industrial Finance Department has been entrusted with all matters pertaining to
industrial finance including the activities of state financial corporations.
(f) Research and Statistics Department acts as an agency for the collection and
dissemination of financial information and statistics in India and abroad.
(g) Legal Department gives legal advice on various matters referred to it by other
departments of the bank.
(i) Department of Accounts and Expenditure maintains and supervises Reserve Bank’s
accounts in the Issue and Banking Department.
(j) Inspection Department carries out periodic internal inspection of different offices and
departments of the Reserve Bank.
(l) Secretary’s Department deals with policy matters relating to open market operations,
floatation of Government loans and treasury bills and the Reserve Bank’s dealings with
international financial organisations.
STOCK EXCHANGE
Stock Exchange (also called Stock Market or Share Market) is one important constituent
of capital market. Stock Exchange is an organized market for the purchase and sale of
industrial and financial security. It is convenient place where trading in securities is
conducted in systematic manner i.e. as per certain rules and regulations.
It performs various functions and offers useful services to investors and borrowing
companies. It is an investment intermediary and facilitates economic and industrial
development of a country.
IMPACTS OF TRANSPORTATION
Transportation has always played an important role in influencing the formation of urban
societies. Although other facilities like availability of food and water, played a major
role, the contribution of transportation can be seen clearly from the formation, size and
pattern, and the development of societies, especially urban centers.
1.Formation of settlements
From the beginning of civilization, the man is living in settlements which existed near
banks of major river junctions, a port, or an intersection of trade routes.
The initial settlements were relatively small developments but with due course of time,
they grew in population and developed into big cities and major trade centers. The size of
settlements is not only limited by the size of the area by which the settlement can obtain
food and other necessities, but also by considerations of personal travels especially the
journey to and from work.
When the cities grow beyond normal walking distance, then transportation technology
plays a role in the formation of the city. For example, many cities in the plains developed
as a circular city with radial routes, where as the cities beside a river developed linearly.
The development of automobiles, and other factors like increase in personal income, and
construction of paved road network, the settlements were transformed into urban centers
of intense travel activity.
The world is divided into numerous political units which are formed for mutual
protection, economic advantages and development of common culture. Transportation
plays an important role in the functioning of such political units.
1.Administration of an area
The government of an area must be able to send/get information to/about its people. It
may include laws to be followed, security and other needful information needed to
generate awareness. An efficient administration of a country largely depends on how
effectively government could communicate these information to all the country.
However, with the advent of communications, its importance is slightly reduced.
The negative effects of transportation is more dominating than its useful aspects as far as
transportation is concerned. There are numerous categories into which the environmental
effects have been categorized. They are explained in the following sections.
1.Safety
2.Air Pollution
All transport modes consume energy and the most common source of energy is from the
burning of fossil fuels like coal, petrol, diesel, etc. The relation between air pollution and
respiratory disease have been demonstrated by various studies and the detrimental effects
on the planet earth is widely recognized recently. The combustion of the fuels releases
several contaminants into the atmosphere, including carbon monoxide, hydrocarbons,
oxides of nitrogen, and other particulate matter. Hydrocarbons are the result of
incomplete combustion of fuels. Particulate matters are minute solid or liquid particles
that are suspended in the atmosphere. They include aerosols, smoke, and dust particles.
These air pollutants once emitted into the atmosphere , undergo mixing and disperse into
the surroundings.
3.Noise pollution
Sound is acoustical energy released into atmosphere by vibrating or moving bodies where
as noise is unwanted sound produced. Transportation is a major contributor of noise
pollution, especially in urban areas. Noise is generated during both construction and
operation. During construction, operation of large equipments causes considerable noise
to the neighborhood. During the operation, noise is generated by the engine and exhaust
systems of vehicle, aerodynamic friction, and the interaction between the vehicle and the
support system (road-tire, rail-wheel). Extended exposure to excessive sound has been
shown to produce physical and psychological damage. Further, because of its annoyance
and disturbance, noise adds to mental stress and fatigue.
Energy consumption
The spectacular growth in industrial and economic growth during the past century have
been closely related to an abundant supply of inexpensive energy from fossil fuels.
Transportation sector is unbelieved to consume more than half of the petroleum products.
The compact of the shortage of fuel was experienced during major wars when strict
rationing was imposed in many countries. The impact of this had cascading effects on
many factors of society, especially in the price escalation of essential commodities.
However, this has few positive impacts; a shift to public transport system, a search for
energy efficient engines, and alternate fuels. During the time of fuel shortage, people
shifted to cheaper public transport system. Policy makers and planners, thereafter gave
much emphasis to the public transit which consume less energy per person. The second
impact was in the development of fuel-efficient engines and devices and operational and
maintenance practices. A fast depleting fossil fuel has accelerated the search for energy
efficient and environment friendly alternate energy source. The research is active in the
development of bio-fuels, hydrogen fuels and solar energy.
Other impacts
Transportation directly or indirectly affects many other areas of society and few of then
are listed below:
Almost all cities uses 20-30 percent of its land in transport facilities. Increased travel
requirement also require additional land for transport facilities. A good transportation
system takes considerable amount of land from the society.
The social life and social pattern of a community is severely affected after the
introduction of some transportation facilities. Construction of new transportation facilities
often require substantial relocation of residents and employment opportunities.
ROLES OF TRANSPORT
- Provision of employment.
- Encourage urbanization.
- Boost tourism.
Modes of Transport
1. Road transport
2. Railway transport
3. Water transport
4. Air transport
5. Pipeline transport
1. Road transport: road transport exist in all parts of the world, this involves the use
of motor vehicles (cars, lorries, buses, bicycles, and trucks). There are various
types of roads according to size and functions, some roads are tarred while others
are not. The best of these roads are the modern roads which links major towns.
Road transport when compared with other modes of transportation is more flexible.
It is relatively cheaper and faster. Road transport has a high capacity of carrying
goods over short distances. Maintenance is one of the major disadvantages of this
mode of transport.
2. Railway transport: railways were developed during the period of industrial
revolution in the 19th century, these was partly for political reasons and for
economic reasons. In many countries, they were built especially to penetrate
isolated regions and help promote political unity. The major advantage of railway
transport includes provision reliable services. It has ability of conveying heavy and
bulky goods; it is also very cheap, safe and comfortable for passengers over a long
distance.
3. Water transport: water transport is very important because it is the cheapest way
of transporting bulky goods over a long distance. In the world, there are two major
types of water transport namely:Inland water transport and ocean water transport.
Inland water transport:this is the system of transport through all navigable
rivers, lakes and man-made canals. Many large rivers in different parts of the world
are used by ships and barges for transportation; the main rivers where inland water
transport are important are the Rhine and Dambe in Europe, the Zaire in Africa, the
Nile in Africa, the Mississippi in USA etc. However, Ocean waterways carry a lot
of the world'strade, majority of the bulky goods, materials and passengers pass
through ocean waterways from one country to another at the cheapest cost.
4. Air transport:air transport is the newest means of transport; it was introduced in
1903 but developed into full means of transporting people and goods in 1930s. The
greatest of the air transportation started after the Second World War (WW11). This
mode of transportation can be used for both domestic and international flights.
5. Pipeline transport:this system of transportation involves the use of hollow pipes
in the transportation of water, crude oil, (petroleum) and gas. This mode of
transportation is safer than using tankers or trailers in the transportation of these
liquids.
1. Cost of Service:
The cost of transportation adds to the cost of the goods so it should always be kept in
mind. Rail transport is comparatively a cheaper mode of transport for carrying heavy and
bulky traffic over long distances. Motor transport is best suited and economical to carry
small traffic over short distances. Motor transport saves packing and handling costs.
Water transport is the cheapest mode of transport. It is suitable to carry only heavy and
bulky goods over long distances where time is not an important factor. Air transport is the
most costly means of transport but is particularly suited for carrying perishable, light and
valuable goods which require quick delivery.
2. Speed of Transport:
Air transport is the quickest mode of transport but it is costliest of all. Motor transport is
quicker than railways over short distances. However, the speed of railways over long
distances is more than that of other modes of transport except air transport and is most
suitable for long distances. Water transport is very slow and thus unsuitable where time is
an important factor.
3. Flexibility:
Railways, water and air transport are inflexible modes of transport. They operate
services on fixed routes and at preplanned time schedules. The goods have to be
carried to the stations, ports and airports and then taken from there. Motor
transport provides the most flexible service because it is not tied to fixed routes or
time schedules. It can operate at any time and can reach the business premises for
loading and unloading.
4. Regularity of Service:
Railway service is more certain, uniform and regular as compared to any other
mode of transport. It is not much affected by weather conditions. On the other
hand, motor transport, ocean transport and air transport are affected by bad
weather such as heavy rains, snow, fog, storms etc.
5. Safety:
Safety and security of goods in transit also influence the choice of a suitable means
of transport. Motor transport may be preferred to railway transport because losses
are generally less in motor transport. Water transport exposes the goods to the
perils of sea and, hence from safety point of view, sea transport is thought of as a
last resort.
6. Nature of Commodity:
Rail transport is most suitable for carrying cheap, bulk and heavy goods. Perishable
goods which require quick delivery may be carried through motor transport or air
transport keeping in mind the cost and distance.
7. Other Considerations:
The rail transport is particularly suited for carrying heavy and bulky goods over
long distances. Motor transport is suitable for carrying small consignments over
short distances. Air transport is suited to light and precious articles which are to be
delivered quickly. Ocean transport is appropriate for carrying heavy bulky goods
over long distances at the cheapest possible cost.
DELIVERING SERVICES
Delivery is the process of transporting goods from a source location to a predefined
destination. There are different delivery types. Cargo (physical goods) is primarily
delivered via roads and railroads on land, shipping lanes on the sea and airline networks
in the air.
Dissertation
Journals articles
UNWTO articles
Conference proceedings
These terms and conditions of service constitute a legally binding contract between the
“Company” and the “Customer”. In the event the Company renders services and issues a
document containing Terms and Conditions governing such services, the Terms and
Conditions set forth in such other document(s) shall govern those services.
1. Definitions.
(a) “Company” shall mean Your Special Delivery Service, Inc., its subsidiaries, related
companies, agents and/or representatives;
(b) “Customer” shall mean the person for which the Company is rendering service, as
well as its agents and/or representatives, including, but not limited to, shippers, importers,
exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s
agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the
responsibility of the Customer to provide notice and copy(s) of these terms and
conditions of service to all such agents or representatives;
(c) “Documentation” shall mean all information received directly or indirectly from
Customer, whether in paper or electronic form;
(d) “Third parties” shall include, but not be limited to, the following: “carriers, truckmen,
cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and
others to which the goods are entrusted for transportation, cartage, packaging, handling
and/or delivery and/or storage or otherwise”.
2. Company as Agent. Customer understands the company is not a “carrier” but that
company will select and engage carriers on behalf of Customer. The Company acts as the
“agent” of the Customer for the purpose of arranging transportation services, and of
performing duties in connection with this service such as the filing of export and security
documentation on behalf of the Customer and other dealings with Government Agencies
together with other, ancillary services, including packing and storage of goods received
incident to shipment. As to all other services, Company acts as an independent contractor.
3. Limitation of Actions.
(a) Unless subject to a specific statute or international convention, all claims against the
Company for a potential or actual loss, must be made in writing and received by the
Company, within five (5) days of the event giving rise to claim; the failure to give the
Company timely notice shall be a complete defense to any suit or action commenced by
Customer. Company reserves the right to inspect all items and wrapping materials that
are being made subject to a claim. It is the responsibility of the Customer to retain the
goods in the original container(s) and/or materials and to make such goods and materials
available to Company or the carrier’s insurance company for inspection.
(b) All suits against Company must be filed and properly served on Company as follows:
(i) For claims arising out of ocean transportation, within one (1) year from the date of the
loss;
(ii) For claims arising out of air transportation, within two (2) years from the date of the
loss;
(iii) For any and all other claims of any other type, within two (2) years from the date of
the loss or damage.
4. No Liability for the Selection or Services of Third Parties and/or Routes. Unless
services are performed by person or firms engaged pursuant to express written
instructions from the Customer, Company shall use reasonable care in its selection of
third parties, or in selecting the means, route and procedure to be followed in the
handling, transportation, clearance and delivery of the shipment; advice by the Company
that a particular person or firm has been selected to render services with respect to the
goods, shall not be construed to mean that the Company warrants or represents that such
person or firm will render such services nor does Company assume responsibility or
liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and
shall not be liable for any delay or loss of any kind, which occurs while a shipment is in
the custody or control of a third party or the agent of a third party; all claims in
connection with the Act of a third party shall be brought solely against such party and/or
its agents; in connection with any such claim, the Company shall reasonably cooperate
with the Customer, which shall be liable for any charges or costs incurred by the
Company.
(a) Customer acknowledges that it is required to review all documents and declarations
prepared and/or filed with U.S. Customs & Border Protection, other Government Agency
and/or third parties, and will immediately advise the Company of any errors,
discrepancies, incorrect statements, or omissions on any declaration or other submission
filed on Customer’s behalf;
8. Insurance.
(b) Said insurance value must appear on the face of the BOL and may only be entered by
employees of the Company. Declared values or Insurance amounts may not be altered
once freight has been received for transport unless the carrier issues written consent for
such alteration.
(c) Company reserves the right to inspect all freight under consideration for insured
transit. Company’s employees shall be at liberty to effect additional wrapping and
packing on such items, even in the event that such services were not originally requested.
Additional charges incurred for packing will be the responsibility of the customer.
Company shall only be responsible to inspect for surface conditions and apparent
damage; all foregoing exclusions of this contract shall remain in force.
(d) In the event that insurance coverage is purchased and freight is accepted for transport
that is packed by the shipper in advance of Company’s pick-up, then a “Total Loss” type
insurance shall be in force. Total Loss type insurance covers losses incurred due
exclusively to the following: theft, hijacking, or other felonious activity; fire, explosion,
or other violent action; complete disappearance or accidental loss of entirety of items;
puncture or rupture to packaging attributable to occurrences while in transport.
(e) Insurance covers freight only and do not cover value of packing containers or
shipping charges. Company shall not be responsible to substantiate values of goods in
transit; nor is the Company responsible to provide proof of origin or authenticate in any
way such goods in transit regardless of description listed on the face of the BOL.
Customers may not over-value goods or otherwise insure goods in transit in excess of
their fair market values. The responsibility for providing documented proof of value in a
claim shall rest entirely with the customer.
(f) Groups or multiple items of freight consigned for insured transport to which the
customer assigns only one total insurance value for all items shall be insured by
Company for total loss of the entire lot only. Loss to any individual items will not be
covered under this type of insurance and will be at the risk of the customer. This
limitation shall apply whether or not Company effects any packing to the freight.
(g) Company reserves the right to decline to provide insurance coverage based on
Company’s inspection of freight. Any item that is deemed unfit to be covered by
Company’s insurance policy will not be extended coverage. In such cases the insurance
premium shall be removed from the customer’s bill.
9. Packed by Shipper. If Company is to receive freight that is packed by the shipper or his
representative, it is the shipper’s responsibility to adequately pack and protect the goods
to ensure safe transportation. The shipper is also obliged to properly label each item in
order to prevent delay or errant dispatch.
(a) Except as specifically set forth herein, Company makes no express or implied
warranties in connection with its services;
(b) In connection with all services performed by the Company, Customer may obtain
additional liability coverage up to the full value of the shipment by requesting insurance
and agreeing to make payment therefore, which request must be confirmed in writing by
the Company prior to rendering services for the covered transaction(s);
(c) The Company’s liability shall under all circumstances be limited to $50.00 per
shipment or transaction for loss or damage by any cause, including negligence;
(e) Should any claim in an amount in excess of the foregoing limits of liability be
asserted against Company by a third party for loss or damage to Goods handled by
Company, the Shipper, Consignee, and Customer shall indemnify and hold Company
harmless as against any such claim. This provision shall be in force regardless of the
cause of such loss or damage, including negligence. Company shall not be liable for loss
or damage due to lack of detailed and specific customer instruction in handling and/or
placement of goods. The provisions of this contract also extend to items damaged inside a
shipper, consignee’s or customers premises or place of business.
(f) Company cannot be held responsible and shall remain exempt from all liability for
physical damage to a shipment, or loss caused by delay of delivery, when conditions
beyond the carrier’s control are encountered during transit. Such conditions include but
are not limited to: extreme weather and/or changes in temperature, acts of nature and
God; breakdown or mechanical defect of vehicles or equipment; faulty or impassable
highway; lack of capacity of roadway structures; highway obstruction or closure due to
official action; civil disobedience, riots, strikes or lockouts; illegal or unlawful actions.
“Loss caused by delay” as stated above is hereby understood to also define and apply to
loss of revenue, interest, market, and/or utility. Company is not bound to transport goods
by any particular means, schedule, vehicle, or otherwise than with reasonable dispatch.
(g) Company will be released from liability for a shipment when directed to accept and
load or deliver and unload at locations where the shipper, consignee, customer or their
agents are not present.
(h) Company is only liable to effect delivery and will not be liable for unwrapping or
unpacking a shipment unless such requests are ordered in advance and in writing. “Inside
delivery” is hereby defined as delivery taking place inside consignee’s location or
structure at or near a common point of entry and within a reasonably accessible area.
11. Exclusions
(a) Customer automatically release Company from liability and responsibility for
physical damage, loss or loss due to delay for items of freight as listed below:
• not professionally packed and secured by Company or via third party hired or directed
by Company,
• Items containing internal damage or concealed breakage; glass and ceramic with
existing cracks.
• Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs
or breakage.
• Uncured and/or not thoroughly dry paintings; uncured and/or unset varnish applied to
furniture.
• Items with directional orientation to which the shipper does not affix descriptive arrows
in advance.
(b) The Company will not transport currency, specie, precious stones, jewelry, or
negotiable documents at any time. In the event that the Company is made to transport
such items without the Company’s knowledge or consent, the Company shall remain at
no liability whatsoever for or in connection with the goods.
(c) The Company will not handle contraband or illegal substances under any
circumstances.
The act of consigning items of these types to Company which are willfully disguised by
the shipper, acting with or without knowledge of the customer, shall entitle Company to
recover any and all costs for fines, penalties, legal fees, damage to Company’s equipment
and/or personal injury and compensation to Company’s employees. The Customer also
shall be liable for and indemnify the Company against all loss or damage to other
property or persons caused by said goods. The Company is at liberty to dispose of any
items consigned with or associated with said goods at any time and place deemed
appropriate by the Company with disposal charges billable to the customer.
12. Subcontracting: Company may subcontract the performance of any services to Third
Parties (“Subcontractors”). Company shall not be liable or responsible for any
negligence, malpractice, fault, errors or omissions in the performance of Services by any
Subcontractor.
13. Advancing Money. All charges must be paid by Customer in advance unless the
Company agrees in writing to extend credit to customer; the granting of credit to a
Customer, subject to execution of the Company’s new account application and
agreement, in connection with a particular transaction shall not be considered a waiver of
this provision by the Company.
14. Indemnification/Hold Harmless. The Customer agrees to indemnify, defend, and hold
the Company harmless from any claims and/or liability, damages, fines, penalties and/or
attorney’s fees by reason of injury to or death of any person or by reason of injury to or
destruction of Property or arising from the exportation of customer’s merchandise and/or
any conduct of the Customer, including but not limited to the inaccuracy of export or
security data supplied by Customer or its agent or representative, which violates any
Federal, State and/or other laws, or from any cause including but not limited to the fault,
breach of warranty or negligence of Company, its officers, agents, subcontractors or
employees and/or from the fault, breach of warranty or negligence of the Customer, its
officers, agents, subcontractors or employees. Customer further agrees to indemnify and
hold the Company harmless against any and all liability, loss, damages, costs, claims,
penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees,
which the Company may hereafter incur, suffer or be required to pay by reason of such
claims; in the event that any claim, suit or proceeding is brought against the Company, it
shall give notice in writing to the Customer by mail at its address on file with the
Company.
15. C.O.D. or Cash Collect Shipments. Company shall use reasonable care regarding
written instructions relating to “Cash/Collect on Deliver (C.O.D.)” shipments, bank
drafts, cashier’s and/or certified checks, letters(s) of credit and other similar payment
documents and/or instructions regarding collection of monies but shall not have liability
if the bank or consignee refuses to pay for the shipment.
16. Costs of Collection. In any dispute involving monies owed to Company, the
Company shall be entitled to all costs of collection, including reasonable attorney’s fees
and interest at 15% per annum or the highest rate allowed by law, whichever is less
unless a lower amount is agreed to by Company.
(b) Company shall provide written notice to Customer of its intent to exercise such lien,
the exact amount of monies due and owing, as well as any ongoing storage or other
charges; Customer shall notify all parties having an interest in its shipment(s) of
Company’s rights and/or the exercise of such lien;
(c) Unless, within thirty (30) days of receiving notice of lien, Customer posts cash or
letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to
110% of the value of the total amount due, in favor of Company, guaranteeing payment
of the monies owed, plus all storage charges accrued or to be accrued, Company shall
have the right to sell such shipment(s) at public or private sale or auction and any net
proceeds remaining thereafter shall be refunded to Customer.
18. No Duty to Maintain Records for Customer. Customer acknowledges that it has the
duty and is solely liable for maintaining all records required under the Customs and/or
other Laws and Regulations of the United States; unless otherwise agreed to in writing,
the Company shall only keep such records that it is required to maintain by Statute(s)
and/or Regulation(s), but not act as a “record keeper” or “recordkeeping agent” for
Customer.
19. Preparation and Issuance of Bills of Lading. Where Company prepares and/or issues a
bill of lading, Company shall be under no obligation to specify thereon the number of
pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by
Customer or its agent and Customer agrees to pay for same, Company shall rely upon and
use the cargo weight and description supplied by Customer.
CONSUMER PROTECTION
Consumer protection is based on consumer rights, or the idea that consumers have an
inherent right to basic health and safety. The FTC protects these rights by:
Consumer protection is often achieved through the legal doctrine of product liability.
Generally speaking, this is the legal responsibility imposed on a business for the
manufacturing or selling of defective goods. Product liability laws are state laws, and
therefore vary by state. However, the laws share a common goal. The laws are built on
the principle that manufacturers and vendors have more knowledge about the products
than the consumers do. Therefore, these businesses bear the responsibility when things go
wrong, even when consumers are somewhat at fault.
Product liability cases can result in large civil lawsuits and lucrative monetary judgments
for the plaintiffs. This can be harmful to small businesses and manufacturers and has
been an argument for tort reform. But keep in mind that, on the other hand, many of the
product safeguards consumers now enjoy are the result of previous lawsuits.
There are three main types of product liability. Businesses will be found liable to
consumers when a court finds:
Design flaws
Manufacturing defects
A failure to warn consumers of a possible danger
FINANCE
This is the amount of money you need to start your business. It enables you to buy
machinery and equipment, build your business premises, hire labor and meet daily
obligations of your business. Finance needed to start your business is commonly known
as capital.
As an entrepreneur, the primary types of capital that you are likely to arrange for include
start up capital, working capital and expansion capital. Start up capital is the capital you
will require to begin a business while working capital is the amount you would need to
meet the day to day activities of the business. Expansion capital is the capital you will
require to help your business grow.
Some people borrow money against their life insurance policies. This is an easy way to
obtain some of the money needed to start the business. Life insurance policy loans are
based on cash that is already paid in. Life insurance companies offer these loans at low
interest rates. If you need to buy land or building for a new business, you will be able to
borrow money from a savings and loan institution. They specialize in real estate finance.
The loans they give out are called mortgages. Their interest rates are similar to those of
banks.
Credit control, also called credit policy, includes the strategies employed by businesses to
accelerate sales of products or services through the extension of credit to potential
customers or clients. At its most basic level, businesses prefer to extend credit to those
with “good” credit and limit credit to those with “weak” credit, or possibly even a history
of delinquency.
SECTION B
3. A)What are the differences between jobbers and brokers in Stock Exchange (10
Marks)
Sales 1,000,000
Purchase 200,000