The inspection of the register should reveal the identity of the owner, the nature of his ownership Essay Example

The inspection of the register should reveal the identity of the owner, the nature of his ownership Essay Example The inspection of the register should reveal the identity of the owner, the nature of his ownership Paper The inspection of the register should reveal the identity of the owner, the nature of his ownership Paper Essay Topic: Law Land is elemental: it is where life begins and it is where life ends. Land provides the physical substratum for all human activity; it is the essential base of all social and commercial interaction. The significance of land in human affairs is therefore incalculable, although it is only in an era of global environmental threat that we slowly begin to realise how fragile and irreplaceable is the rich resource on which we so utterly depend. As one English law lord recognised, [in] the case of real property, there is a defined and limited supply of the commodity. Gray Gray, Elements of Land Law (3rd Edition, 2000) Butterworths Before the 1925 property legislation, the mechanics of conveyancing were mired by formalism and plagued with danger even for the most conscientious purchaser. On one hand, purchasers of land were faced with numerous difficulties when trying to ascertain whether any other person has rights or interests in that land. The reliance on title deeds to prove ownership of land was both cumbersome and, for the purchaser, an expensive way to prove title, especially given the multitude of legal and equitable estates that could exist. On the other hand, an owner of equitable interest in that land might find that the interest was destroyed by a simple sale to a purchaser who was unaware of its existence. To meet both of those problems, a decision was made to move towards full title registration wherein all titles and the diverse interests in land would be recorded and guaranteed by the state. It was recognised, however, that this mammoth task had to proceed in stages and that a set of transitional provisions was needed. Therefore, the Land Registration Act 1925 (LRA 1925)1 inaugurated a fundamental change in the law in England and Wales. In conjunction with the Law of Property Act 1925 (LPA 1925)2 and the Settled Land Act 19253, the LRA 1925 sought to simplify and codify. It aimed to bring certainty where there was obscurity and to bring equity where there was often inequality. The Land Registration Act 2002 (LRA 2002)4, which has replaced the 1925 Act completely, seeks to reinforce these goals and make the system fit for the twenty-first century and the electronic age. Firstly, there is a need to clarify that land in the England and Wales today is divided into two distinct types, that of registered land and unregistered land. There is a need for this as the law governing them are separate and different. Therefore, there is a need to describe what is meant by registered land. If a plot of land is described as registered, this means that title to it (that is, an estate of freehold, or leasehold) is recorded and guaranteed by the Land Registry. 5 In contrast, unregistered land is land to which title is not registered but is established by the title deeds of the particular property6. Unregistered land is now governed by the Land Charges Act 1972 (LCA 1972)7, while registered land is governed by the Land Registration Act 2002 (LRA 2002). As full title registration has yet to be achieved in England and Wales, therefore, a certain amount of unregistered conveyancing still remains. The LPA 1925 applies in full to unregistered land in the same manner as registered land. What is different is that the enforceability or rights and interests in unregistered land being those rights and interests capable of existing under the provisions of the LPA 1925 is governed by its own sets of rules and procedures. Unregistered land can be said to present a whole different problem in itself and therefore, for the purpose of this assignment, we shall focus on the law relating to registered land. The basic principle of the LRA 1925, and now the LRA 2002 which governs registered land, is that title to land should be recorded in a register and guaranteed by the state through title registration and interests in land should either be apparent on physical inspection of the land itself or noted on the Register. Registration of title replaces what were previously deeds of title and the Register should aspire to record the totality of land ownership throughout the entire country. Essentially, this encourages and effects a shift from unregistered to registered land. The original 1925 timetable called for full registration of all land by 31 December 1955, but regrettably, only on 1 December 1990 did all of England and Wales become subject to compulsory registration of title8. It will be a while longer before near universal registration of title is achieved, but currently, over 85 per cent of all potentially registrable titles are in fact registered9 and the LRA 2002 does much to encourage voluntary first registration by owners of unregistered land by way of extending the situations which trigger compulsory registration, low fees for voluntary registration and the introduction of incentives10. It cannot be stressed enough that the advantages of registering land are obvious and aplenty. Purchasers could buy land in the certainty that they were purchasing land suitable for their requirements because the existence of hidden burdens were minimised, and owners of interests in land, such as easements11 and covenants12, had a relatively easy and inexpensive method of ensuring that their rights survived a conveyance of the land to a third party. However, this begs the question, is this really so? How certain can a purchaser be that the land about to be purchased by him is free from any burden and encumbrances whatsoever by just inspecting the Register? Martin Dixon, in his book, Modern Land Law, 6th Edition at page 38, said that The inspection of the register should reveal the identity of the owner, the nature of his ownership, any limitations on his ownership and any rights enjoyed by other persons over the land that are adverse to the owner13. This is what has come to be known as the mirror principle. The mirror principle is one of the three fundamental principles of land registration which was laid down by Theodore Ruoff in 1963, after he was appointed as Chief Land Registrar14. This can be said to be akin to the concept of a personal identification card it is supposed to provide certain information of a particular individual such as ones home address, gender and nationality, and this information should indeed reflect that individual precisely. The mirror principle suggests that the Register should be a mirror for all the proprietary rights both estates and interests that exist in any given piece of land. Thus, the Register should amount to a comprehensive picture of the land for any prospective purchaser. Sad to say, however, that the register of title is not a perfect mirror of the title to a registered property. It is not possible to rely on entries on the Register as the complete record of everything that affects the title (per Peter Gibson LJ, Overseas Investment Ltd. v Simcobuild Construction Ltd)15. Unfortunately, the 1925 Act failed to eradicate all cracks in the mirror, instead preserving the relevance of certain interests which may override registration. These overriding interests burden registered land by operating on a superior plane to other registrable interests, binding purchasers outright and disproportionately empowering the overriding interest-holder. Under the former law, the class of overriding interests which caused the most litigation was contained under Section 70(1)(g) of the LRA 1925. This subsection protected the rights of persons in actual occupation of the land or in receipt of rent save where enquiry had been made of them and their interest had not been disclosed. The justification for having such a category of interests which exists outside the Register is that they will be discoverable on inspection. The balance between the interest of the purchaser and the objective of the 1925 legislation should therefore be struck. The difficulty with this theory is that it assumes that overriding interests are all discoverable by inspection. Before the LRA 2002, this was not necessarily true. For example, the rights of an adverse possessor were protected under Section 70(1)(f) of the LRA 1925, but there was no requirement that he should be in actual occupation. His rights might not, therefore, have been discoverable on inspection; indeed, they might not even have been known to the vendor, as in Red House Farms (Thorndon) Ltd. v Catchpole16 where the owner was unaware that the defendant was shooting fowl on its land, and Prudential Assurance Co. Ltd. v Waterloo Real Estate Inc. 17, where a neighbour took over a party wall without the owners knowledge. Moreover, when an overriding interest will take effect becomes a question to be answered. A purchaser would have inspected the property before the completion of the disposition to him, but in registered land, this disposition does not itself transfer the legal estate to him and only happens when the registration is subsequently registered at the Land Registry. This then begs the question, should overriding interests be allowed to arise during the time between completion and registration? The majority of the House of Lords in Abbey National Building Society v Cann18 decided that the critical time was the date of registration except for interests arising under Section 70(1)(g) LRA 1925 which were a special case. Their Lordships decided that the date when actual occupation should be relevant is the date of the completion of the registration. This means that all other types of overriding interests can be created, without the purchasers knowledge, between completion and registration. This situation clearly shows that the Register is not the mirror it is supposed to be. It was for this reason that Lord Bridge in the Abbey National case dissented on this point, preferring the date of disposition as the relevant date for all overriding interests (except for local land charges). The concept of overriding interests within the system of conveyancing contrasts remarkably with the effect of the LCA 1972 in unregistered conveyancing. Any registrable interest left unprotected under that Act is void against specified categories of purchasers (Midland Bank Trust Co. v Green)19 to reflect the intention of the legislature in keeping the process of conveyancing simple and in protecting the purchaser. Overriding interests protected under Section 70(1)(g) of the LRA 1925 prove to be the most difficult. This was apparent in the case of Williams Glyns Bank v Boland20 where the equitable interest of Mrs Boland was held to prevail as an overriding interest against the legal mortgagee. There was nothing to prevent Mrs Boland registering protecting her interest as a minor interest on the register. For this reason, the legislature deemed that they should be protected regardless of their appearance on the Register. Paragraph 2, Schedule 3 of the LRA 2002 requires that inquiries are made of the occupier himself and not of his solicitor or the vendors solicitor. At this point, it should be noted that interests which override on a first registration of title are contained in Schedule 1 to the LRA 2002, while interests which override on a registered disposition are contained in Schedule 3. They are both basically the same, except for the rights of a squatter, but it is slightly larger in scope for Schedule 1. Additionally, there is no restriction on the types of legal easements which will be overriding as there is in Schedule 3. The concept of actual occupation is not further defined in Schedule 3 of the LRA 2002. Case law decided on the meaning of actual occupation and gave the term a wide meaning. It could include, for example, occupation through an agent as in Lloyds Bank Plc. v Rosset21. Although the occupation must in general be continuous, a temporary absence from the property will not cause the interest to be lost, as in Chhokar v Chhokar22. A further problem with Section 70(1)(g) LRA 1925 was brought about by the case of Ferrishurst Ltd. v Wallcite Ltd. 23, where it was held that where a person who is in occupation of part only of property over which he has rights may assert those rights as regards the remainder of the property in the title of which he is not in occupation. It must be accepted that overriding interests in general represent a considerable departure from the fundamental principle that the Register is a mirror of the title. The Law Commission therefore made perfect reflection a priority, and it remained the fundamental objectives of the land registration system. The Law Commission had been working on this task for some time, but the publication of the Law Commission report No 271, Land Registration for the 21st Century a Conveyancing Revolution24 including a Draft Bill brought the process to fruition. In this report, the Law Commission strived to close the cavernous crack in the mirror. The Land Registration Bill 200125 eventually became the Land Registration Act 2002 and this statute came into force on 13 October 2003, completely replacing the LRA 1925. Consequently, the 2002 legislation attempts to reduce the effect of overriding interests, both by eliminating certain categories and by inaugurating a change in the way that we think about these important rights. The LRA 2002 can be said to achieve a reduction in the categories of overriding interests by making some of these interests registrable (leases over seven years and express easements), and by restrictions on the actual occupation provision. Rights of adverse possession have disappeared altogether as overriding interests, and an entirely new regime has been introduced for adverse possession. It must be noted, however, that overriding interests were not an accident in the 1925 legislation, and although redefined and narrowed in the 2002 Act, they remain crucial to the proper functioning of the system. They were deliberately created by the legislature and given automatic effect precisely because they should be obvious to any prospective purchaser or their enforcement is too important to depend on registration. However, here is the problem: social and judicial developments have enlarged the opportunity for the existence of overriding interests with the result that it is conceivable that a purchaser might not be able to determine whether such interests exists by inspection of the land. The most obvious example is the right of equitable ownership, stemming from Pettitt v Pettitt26, whose effect under the old Section 70(1)(g) of the LRA 1925 on an unwary purchaser was first fully appreciated in Williams and Glyns Bank v Boland27. Therefore, this difficulty concerning overriding interests was a major reason why the Law Commission recommended a reduction in their scope and effect and this has now been implemented in Schedule 3 of the LRA 2002, as explained above. It can be said that the 2002 legislation tackled much that was inaccurate, unwieldy, incomprehensible, inconvenient and downright wrong in the 1925 system. Many of its provisions deal with technical matters that, while important, establish no new principle. These are the tidying up aspects of the legislation. However, there is much that is groundbreaking or truly significant, not least the claim that the 2002 Act replaces registration of title with title by registration. More disappointingly is the existence of overriding interests which remain, and therefore continue to deny the mirror principle. The register today is not yet a perfect reflection of reality. It is clear that the mirror principle is still not fully entrenched in the England and Wales system primarily because of the existence of overriding interests. Although the LRA 2002 seeked to ensure that interests override only when they are (or should be) obvious to a purchaser conducting a reasonable inspection of the land, however, the point is this: even with overriding interests, the sensible purchaser should not be unaware of binding overriding interests. Therefore, it can be said that the 2002 Act only does so much to ensure it is not clear-cut and apparent at first inspection of the Register, and this means that it leaves no space for a purchaser to be careless or flippant when inspecting the land. For that reason, there is a need to ask the question: how then, can the mirror principle be truly effected in totality in the system of registered land in England and Wales in this present day and age? We look at the role of e-conveyancing and ask ourselves its role, and the direction it is heading towards. The mirror will only be a perfect reflection when all proprietary rights both estates and interests that exist in any given piece of land are registered on the Register. Consolation lies at the advent of compulsory e-conveyancing, promoted heavily by the 2002 Act, which envisages synchronicity of disposition and registration in land transfers. This development will render many equitable interests unprotected unless registered, despite being currently overriding upon actual occupation. Schedule 3, paragraph 2 of the LRA 2002 will then be restricted only to the protection of those occupiers interests which arise informally, through resulting or constructive trusts or through estoppel, effectively narrowing an occupiers ability to override registration. The underlying and pervading expectation that overriding interests will eventually be drawn onto the Land Register through positive registration will ultimately abolish the subsistence of occupiers unregistered and overriding interests upon a transfer of registered land which so adversely affects purchasers. Section 71 of the LRA 2002 provides for a general duty of disclosure whereby an applicant for registration of a title must disclose a range or overriding interests that affect his land so that they may be protected by registration28. E-conveyancing depends on the register being as up to date as possible and the duty of disclosure is one method by which the Register becomes more mirror-like. Therefore, it seems that that is the best way forward for the future of conveyancing and thus, it is lucid that the mirror principle does not reflect English land law today. Although the LRA 2002 is a good step forward, the mirror principle as it stands today is merely in theory, and it is flawed. However, it is hoped that with the development of the law and the future of e-conveyancing, the mirror principle will entrench itself as one of the hallmarks of English land law.

Discuss the Ways In Which Two Poems In The Anthology Explore The Effects Of Untimely Death Essays

Discuss the Ways In Which Two Poems In The Anthology Explore The Effects Of Untimely Death Essays Discuss the Ways In Which Two Poems In The Anthology Explore The Effects Of Untimely Death Essay Discuss the Ways In Which Two Poems In The Anthology Explore The Effects Of Untimely Death Essay Essay Topic: Poems When men went to war, there was every chance of them dying. But, their friends and family could never had prepared themselves for news of that persons death. Untimely death is a theme which is explored throughout the anthology in many ways, in particular, looking at the effects of the news of death upon loved ones.The Seed-Merchants Son is a poem by Agnes Grozier Herbertson that conveys the bereavement that a man feels for his son who has died at war. This poem continuously emphasises the youth of the boy, which constantly reiterates the idea of untimely death, as the boy died before he could live a full life. The fact that the man in the poem has lost His dear, his loved, his only one accentuates the notion that the man had love for only one child, and that child died in the war. The young age of the boy is highlighted when the author tells us his school books, into the cupboard thrust, and that they have scarcely had time to gather dust. This shows that the boy has just left school, which adds to the pathos of the poem. This sense of pathos is continued throughout the poem, and is particularly noticable when the author adjusts the poetic syntax of the fifteenth line, to tell the reader that the man in the poem is old to have fathered so young a son.The author uses elipses toward the end of the poem to generate a dramatic silence which could be seen as the silence after the death of the young soldier had been told to his father and the shock and desperation that the man felt during that time. The man would have thought about his son who had never before seen seed or sod. This line uses sibilance which has a threatening sound to it which could be interpreted as the fear that the young soldiers would all have to go through knowing that they might never again feel a sence of solace.By the end of this poem, the man has come to terms with the boys death as although the man is sadened, he is very proud of his son for fighting for his country. The man murmurs thank G-d, thank G-d, showing that he is proud of his son for the sacrifice he made.Another poem in the anthology that portrays the pathos involved and explores the repracussions of untimely death is The Deserter by Winifred M. Letts, which tells of the soldiers being forced to go to war and being dogged by fear. The author writes how one man who could not face the German guns was shot by an English bullet in his heart for desertion. He was shot in a place apart, showing that he was absolutely alone and could be interpreted that he didnt believe that anyone else could feel like he felt in battle. The poem continues to say that the mother was spared ill feelings when she is told by a messenger that her son died as a hero, foremost in the strife. This white-lie is a safety blanket, which is used to protect the woman from suffering a distraught sense of anger and sadness at the idea that he was shot for desertion. The irony is that although this brings about a feeling of pride within the mother and so she goes proudly; to the strife to mourn for her hero son, she does not know he lies in a deserters grave.The author has written that there was a man dont mind his name. This generalisation shows that this set of circumstances ocured many times throughout the war, and the untimely death of so many young men brought about so much pain and anguish.From these two poems, we can see that untimely death has many different effects and consequences on different people; it can cause grief and sadness, pain and sorrow, or it can lead to pride and peace. Whatever the outcome, untimely death at war never leads to happiness.

Leisure & Tourism Essay Example | Topics and Well Written Essays - 1750 words

Leisure & Tourism - Essay Example Researchers have identified several motivations, from which leisure is founded upon. According to Daniel (2006, p 166), motivation could be intrinsic, extrinsic, and amotivation. Intrinsic motivation originates internally from an individual due to the benefits accrued from leisure, such as pleasure and enjoyment. Extrinsic factors motivate people to engage in leisure to attain other goals besides pleasure and fun. This paper is a critical analysis of findings by a number of researchers, on various factors, which motivate leisure based activities in a family. According to Alex and Song (2004, p 57), a family can either be extended or nuclear, with varying ages of parents and children. However, the basic motivation of each and every family member for leisure is driven mainly by the psychological results, which in turn determines their behavior in day to day activities (Alex, and Song 2004, p 57). In this respect, an individual decision or choice to engage in a particular leisure activity is a result of ones belief, on how well he will do the activity and what the activity means to him (Alex, and Song 2004, p 58). From this argument, people in a family set up engage in engage in leisure to reap particular psychological desires. Researchers have found out several psychological desires that motivate people in a family set up to engage in leisure. These motivations include: achievement, stimulation, independence, leadership, risk taking, mastery of equipment or machine, family togetherness and adventure (Alex, and Song 2004, p 59). According to Kivel, (2007, p 86), enhancing family unity is the main motivation for leisure in a family. Presently due to ever increasing demands at work, most parents do not have time to catch up with their children and other extended family members. In this regard, time specifically to bond with family members is increasingly being set

MIDTERM Essay Example | Topics and Well Written Essays - 500 words

MIDTERM - Essay Example The third types are pragmatists who are neither completely dependant nor neither fully critical thinkers. The fourth types are those who do not participate actively in organization and neither work for their self interest. The last type of followers are regarded as exemplary who take full part in organization and critical thinking. 2. Employee empowerment is a term used to refer to the process transfer of responsibility to delegates to carry out certain kind of work along with authority so that the employee can easily carry out a particular task (Callaway 37). Issues with empowerment include the inability and insufficient training of particular employee to handle the task on his own. Another issue is that managers believe that they will lose control if the empower employees. Certain decisions that may be acceptable to one employee may be unacceptable to another. 3. Extrinsic rewards are rewards that are physical in nature and can be easily seen, these rewards are awarded to employees for high performance (Bowditch 18) . These rewards may include increased pay and promotion. Intrinsic rewards are internal drives and motives due to which an employee might participate in working extra for the organization as he may feel that it is his responsibility to help the organization. For example; an employee taking on an assignment which was not assigned to him. 4. Herzberg stated that the factors that lead to employee satisfaction are different from factors that lead to employee dissatisfaction and this led to the creation of two factor theory (Sapru 222). These factors are recognized as motivational factors and hygiene factors. He further asserted that hygienic factors include those factors that can lead to unpleasant working condition if ignored by the organization and can lead to dissatisfaction among employees. Motivational factors are factors related to an individual’s requirement of growing further and these factors can lead to employee

Diabetes Patients Case Study Example | Topics and Well Written Essays - 2250 words

Diabetes Patients - Case Study Example Administration of empiric broad-spectrum antibiotics was mainly to manage the presumed cellulitis. The doctors recommended insulin therapy after a series of medication on oral hypoglycaemic drugs. After consultations, the visiting surgeons recommended continued abdominal imaging to the patient. Abdominal imaging however, however, was not possible since the 45-year-old woman was too obese to fit in the CT scan. She could not fit in MRI due to her obesity. The doctors finally treated the woman’s abdominal pain using opiates after thorough medical observation. The current treatment care for the 45 year old woman is the six one after a series of medication and obesity management. The forty-five year old has also been suffering from frequent thirst and urination. Her status worsened six months ago after admission with hyperglycemia and later for a patient care program for management. The 45-year-old woman’s daughter also suffers from obesity. The daughter frequently complains of severe abdominal pain (Blak et al., 2012a, p. 2). Obesity proves to be a serious problem in the modern world. Doctors in United Kingdom hospitals report many cases of obesity caused complications daily. Brunello et al., 2009, p. 2, discusses that obesity is a function of the body mass index. Doctors consider a body mass index greater than 25 kilogram per meters square as an overweight. Information from Management of obesity in adults,† 2004, p. 1 suggest that patients suffering from morbidly obesity have body mass index greater than 40 kilograms per meters square while obese weight patients have a body mass index greater than 30 kilograms per meters square. Obese individuals have higher probabilities of contracting associated illnesses such as diabetes, heart attack or kidney failure, respiratory problems, urinary stress incontinence and cancer. Health research indicates that morbid obese women are infertile. Mahmood and Arulkumaran, 2012, p. 405, elaborates that infertility of such women results from the changing levels of estrogen and progesterone that consequently affects regularity of menstrual cycle and fertility. The forty-year old was overweight, complained of frequent chest pains, and had polyuria symptoms.

Hypoactive Sexual Desire Disorder Essay Example for Free

Hypoactive Sexual Desire Disorder Essay One of the great things about being a human is having the sexual desire to be intimate with another person. Many consider having the passion for sexuality is the driving force behind human behavior, but for some, this passion is non-existent. The purpose of this essay is to examine sexual dysfunction, particularly a disorder called Hypoactive Sexual Desire Disorder (HSDD). HSDD is the deficiency or the absence of sexual fantasies or the desire for sexual activity, which ultimately lead to distress or interpersonal difficulty amongst a person† (Maserejian et al. , 2010). Communication problems, anger, a lack of trust, connection and intimacy can all adversely affect a woman’s sexual response and interest (Burman 2001).† It is said sexual dysfunction is due to infrequent orgasms, low levels of arousal and sexual excitement (Basson 2006). In a relationship, it is normal behavior for women to engage in sex and to crave emotional closeness with their partner. In a study by Women’s Health across the Nation (SWAN), 6 cities in 6 countries were surveyed. It was found 40 percent of women reported they infrequently or never felt sexual desire (Basson 2006). It is evident there are many ways to look at the potential causes of Hypoactive Sexual Desire Disorder (HSDD). Throughout this paper, the following sources will be conversed; specifically the psychosocial state, which refers to the mind’s capability to develop and interrelate with a social environment. Traumatic incidents and emotional issues are two factors that can also be linked to sexual dysfunctions throughout adulthood. Studies show child abuse is one of the biggest factors that lead up to sexual dysfunction in adulthood. This abuse can be linked to dysfunctions physically, emotionally and intellectually to oneself. Along with child abuse, depression and anxiety most often become the outcome of such act, which are other factors that lead up to HSDD. Today, HSDD is under thorough research to conclude more defined answers for this disorder. Nonetheless, the purpose of this paper is to examine Hypoactive Sexual Desire Disorder (HSDD) specifically the psychosocial causes such as anxiety, child abuse and depression. Having the lack of desire for intimacy can be caused by a person’s emotional state of mind. When a person has a negative view towards sex due to previous experiences, it heavily affects their outlook on sex in the long run. Anxiety occurs when a person is triggered by stress and those who are anxious usually â€Å"negative self-talk†, a habit of telling oneself the worst-case scenario. One who has HSDD feels a high form of anxiety towards sex due to insecurities or dysfunctions they feel anxious about. When one carries heavy anxiety towards sexuality and intimacy, it weakens their desire for sex. Self-esteem can be related to the development of anxiety. Moreover, traumatic incidents, sexual abuse and depression can also lead to the cause of HSDD. In a study done at a University at the Sexual Behavioral Clinics, several answers were found. In this case study, the sample size was 145 adults without sexual dysfunctions and 198 adults with sexual dysfunctions. All of these individuals were married heterosexual couples between the ages of 25-68 years of age (McCabe 2005). Researchers were able to categorize adults with sexual dysfunction into six groupings, these include: premature ejaculation, erectile dysfunction, male lack sexual desire, female inorgasmia, female lack of arousal, and female lack of sexual desire (McCabe 2005). Researchers hypothesize coital anxiety is the main result of sexual dysfunction with their partners. It is believed anxiety causes a damper on most spouses’ relationships due to constant fear on inability to perform sexually, which inevitably causes tension between couples due to anxiety (McCabe 2005). Throughout this study, it was also found that anxiety created depressive symptoms between sexuall y dysfunctional adults. A potential effect for the depressive symptoms lead to less satisfying sexual activities with a partner, causing individuals to turn to a more reliable way of pleasure, masturbation (McCabe 2005). All in all, high levels of anxiety can affect the intimacy of a relationship. More specifically, the constant fear focused on the inability to perform sexually or fear caused by past events causes strong tension between couples, which allows anxiety to grow. There is always room for research and McCabe (2005) believes more investigation on the effects of anxiety and HSDD can be done in order to fully understand the disorder. The events that take place during childhood inevitably shape a person in adulthood. One of the main causes for Hypoactive Sexual Desire Disorder can be linked to a previous history of child abuse. Traumatic experiences as a child can strongly affect the psychosocial development of an individual. According to Webster Dictionary, Psychosocial is the relation between social conditions and mental health (Webster). Traumatic events during childhood can lead to a dysfunction called sexual desire disorder. Flashbacks of the event in childhood can occur for several years and continuously stay with the individual long term. A sexual desire disorder can frighten an individual in having any desire to be intimate or sexually active with anyone. A study conducted by Myriam S Denov (2004) examines individuals who were previous victims of sexual abuse as a child. This study involves a sample size of 14 victims, 7 male and 7 female. However, this sample size could potentially pose a threat to the external validity of this study because it represents individuals would only face female-perpetrated sexual abuse. The data was collected by several questions and interviews throughout a six-month period. Victims were consulted before screening in order to find the most precise answers. The aim of the study displays the long-term negative effects these victims carried after their traumatic experiences. Denov (2004) found that victims of childhood abuse were in less satisfying relationships with their partner sexually and emotionally. Respondents also reported long-term difficulties with substance abuse, self-injury, depression, strained relationships with partners and discomfort with sex (Denov 2004). Specifically with male respondents, common results for the study include arousal dysfunctions and fear of sex with women. Specifically for females, those who experienced childhood sexual abuse demonstrated lack of pleasure or satisfaction from sexual encounters (Denov 2004). It is evident childhood sexual abuse strongly effects adulthood developing a fear of sex, arousal dysfunctions, sexual inhibition and lack of pleasures by sexual encounters (Denov 2004). All in all, all these factors can strongly lead to a dissatisfying sexual relationship with a partner. Depression adversely affects every aspect of an individual’s life, including our relationships. When depression occurs between sexual encounters, it can heavily affect the relationship negatively (Lykins 2006). When one suffers depression, a lost of inte rest in sexual activities can occur and evidently minimizes a couple’s desire for intimacy (Lykins 2006). This can be shameful because intimacy, closeness and support can be therapeutic for an individual suffering depression. Some studies have linked depression with a decrease in sexual activity but others have reported an increase. In Lykins’ (2006) study, 663 females college-aged students answered questions regarding the effects of anxious and depressed mood on sexual interest and arousal. These respondents completed trait measures of sexual excitation and depression. It was discovered depressive symptoms tend to possess a greater desire in sexual activities for these women, mostly gearing towards masturbation (Lykins 2006). It was found that depressive symptoms lead to less satisfying sexual activities with an encounter. Moreover, respondents turned to masturbation because it was more reliable then pleasure. In this study, a variable discovered was that propensity for sexual excitation was the strongest predictor for women between depression and sex (Lykins 2006). Furthermore, depressive woman had the strongest tendency to perform risky and compulsive sexual behavior or develops sexual dysfunction. Along with this study, another sample were 339 college-aged men where some also developed depression throughout their adolescents. When men were compared to woman for those suffering in depression, men carried much stronger desires for sexual interest during these mood states. Unfortunately, there are a number of factors that limit the accuracy of this study. One of which those with clinical depression were not considered. Furthermore, to ensure reliability of the study, these issues can be looked further to ensure accuracy for this topic. As mentioned through this paper, there are numerous factors that could be linked to Hypoactive Sexual Desire Disorder (HSDD). HSDD is the deficiency or the absence of sexual fantasies or the desire for sexual activity, which ultimately lead to distress or interpersonal difficulty among a person (Maserejian et al., 2010). This disorder can most certainly be a damper on relationships with a partner. Anxiety correlates to HSDD when the individual develops a fear of sexual relations and insecurities towards their sexual performance (McCabe, 2005). It is apparent child abuse is a huge factor which causes one to develop HSDD. Denov (2006) had found that traumatic events as a childhood can lead to dysfunctions and can lack sexual desires for any encounters. Additional research is needed to answer all questions between HSDD and depression. This evidently can help complete analysis and fill the gap between the two factors. An improvement that could be made within all the studies is bigger sample sizes in order to achieve more accurate information. A final suggestion for future and more precise research would be the effects of sexual desire in relation to males, as many of the studies are geared towards female participants. References: Basson, R. (2006). Sexual desire and arousal disorders in women. The new england journal o f medicine, 354, 1497-1506. Retrieved from http://www.obgyn.uab.edu/medicalstudents/obgyn/uasom/documents/September/SEX DYSF.pdf Berman , J. (2001). For women only: A revolutionary guide to reclaiming your sex life [. New York, NY: Henry Holt and Co. Denov, M. (2004). The long-term effects of child sexual abuse by female perpetrators. Journal of Interpersonal Violence, 19(10), 1137-1156. Retrieved from http://jiv.sagepub.com/content/19/10/1137.full.pdf html Maserejian, N. (2010). The presentation of hypoactive sexual desire disorder in premenopausal women. International Society for Sexual Medicine, 7(10), 3438-3448. Retrieved from http://www.ncbi.nlm.nih.gov/pubmed/20646184 McCabe, M. (2005). The role of performance anxiety in the development and maintenance of sexual dysfunction in men and women. International journal of stress management, 12(4), 379-388. Retrieved from http://psycnet.apa.org/journals/str/12/4/379.pdf Psychosocial. 2013. In Merriam-Webster.com. Retrieved Feb 4, 2011, from http://www.merriam-webster.com/dictionary/psychosocial

High Turnover Rate Of Expatriate Managers Management Essay

High Turnover Rate Of Expatriate Managers Management Essay The West Indies Yacht Club Resort (WIYCR), headquartered in Chicago, is located on the British Virgin Islands (BVI). BVI is part of the Virgin Islands archipelago with the population of approximately twenty thousand. The majority of the population (83%) is of African descent, with the remainder being of Amerindian, East Indian, and Middle Eastern descent, or white expatriates. Although it has been operating successfully, the West Indies Yacht Club Resort has some alarming problems that have recently become apparent and have seriously affected the operational and organizational aspects of the resort. The main concerns of the organization can be summarized as follows High turnover rate of expatriate managers; Low motivation of the local employees; Rising tension between expatriates and local staff; Rising number of guest complaints; The purpose of this report is to identify the causes of the problems highlighted above as well as provide the most suitable and feasible solutions to improve the current situation in WIYCR. For the purpose of the study critical review of the academic research has been conducted to define the two colliding cultures and to understand the needs of the local staff as well as help US managers to employ the most effective management style. In addition to that, thorough onsite investigation, observations and set of interviews have been conducted, findings of which have been outlined in the below report. Research When it comes to business, it is crucial for a multinational organisation to be able to successfully deal with cross-cultural differences, turning them into strengths, not weaknesses. The existence of expatriate managers is quite common in multinational companies. It is also believed their managerial skills are directly linked to the success of the business and also to the success of cultural adaptation of the organization. According to Schneider and Barsoux cultural adjustment should create opportunities for an organization rather than a threat, and it helps leaders develop intellectually, emotionally and ethically. The qualities that make a good expatriate manager have been often discussed. As per The Chartered Institute of Personnel and Development the key competencies that they feel a good expatriate manager should exhibit include Technical competence, previous achievements in home country, language skills, motivation, stress resistance, independence, and goal orientated personality and good communication skills. They also believe that a manager thriving in one culture is not inevitably going to be successful in another. Moreover, it is vital for a multicultural organization to employ good leaders. However, the leadership styles differ greatly among cultures. Mendenhall et al (1995) claim that in order for an expatriate manager to effectively motivate and lead people from different cultural background they must try to fit in with the social norms of that culture, while also standing out as a leader. In order to identify and understand the main differences between the US and BVI and be able to provide guidance on how to effectively manage people for both cultures, the following two diagnostic models have been reviewed: Hofstede s Model of National Culture; 7d Cultural Dimension Model. In general, people in BVI are more relaxed that in the US and they value quality time with friends and family. They also have very strong power distance which means that people are required to obey and show extreme respect for people based on organizational hierarchy. According to the Hofstede the management style in such societies is mostly authoritarian and vigorous due to the fact that many employees tend to avoid work. The fact that the local staff is paid on the hourly basis and gets a pay raise each year without a proper performance review, gives further incentive to work less. In addition to that, the Caribbean people also experience the lack of proper education, resulting in very high uncertainty avoidance. They also find it difficult to cope with uncertain situations and try to stay away from any conflict that might lead to having to make independent decisions. By contrast, the American culture manifests low uncertainty avoidance. It has been proven that effective leadership systems in countries with high uncertainty avoidance tend to involve providing employees with very clear instructions. Therefore, if they do not have defined objectives for a day, employees choose to avoid work to minimize the stress of uncertainty. According to Hofstede the link between individual and society also plays a significant role in defining a particular culture. There are two main streams individualism and collectivism. As far as the Caribbean culture is concerned, it shows much more tendency towards collectivism as people are viewed mainly in terms of the group they belong to. Unlike in the US, the individualism is very low in BVI, resulting in people not interested in personal achievements and career progression, and they favour work in groups. In those cultures time spent with family and friends is highly cherished and cannot be compensated by financial benefits. The American approach is quite the opposite. According to Hofstedes theory, cultures also differ in terms of expectations as regards to the role of men and women in a society. Therefore high masculinity cultures clearly define the gender roles men are usually more self-confident and dominant and they are more career-oriented. In the case of the Caribbean culture, the gender roles are not clearly divided, in fact there is a high equality among men and women and their performance. Additionally, in order to understand a particular culture, one should also consider whether people have a long term or short orientation. For example, in the US people are more short term oriented which means they expect immediate results and paybacks. By contrast, the Caribbean culture shows greater tendency towards long term orientation, where people are not anxious to see immediate results, compensations or promotions but put emphasis on the role of security and social obligations. In order to analyze those two cultures even deeper and explain how people relate to each other, the 7d Cultural Dimension Model has been employed. First of all, in terms of universalism versus particularism approach, the US is believed to favour universalism, where the most effective management style is based on set of rules and commonly accepted moral principles. On the other hand, the Caribbean people treat each interaction in a different way and pass the subsequent judgments. They are also very affective, which results in expressing their emotions freely whereas in the US people are expected to be conservative in that respect. In addition to that, the Caribbean people believe that they have to establish a personal relationship with the prospect business partner before entering into any business relations. With regards to WIYCR, the local employees say that We have so many managers from US and they dont stay here very long. Many of them think they can just come here and well instan tly be their friends. Since it takes time to build personal relations, there should be a commitment from both sides. Lastly, it is crucial to distinguish between the internal and external control. In the US people believe that they are in charge of their own lives, whereas the Caribbeans put more trust in Gods fate. Those differences have a great impact on the attitudes people show towards different values and norms. For instance, Americans believe they can achieve anything they like if they put enough effort into it. Therefore, the American culture emphasizes and supports personal achievement and continuous improvement. By contrast, Caribbean people believe that their fate has been predetermined. Therefore, they do not try to change something in their lives or put more effort intro achieving something. Findings and analysis To start with, it should be noted that the local government regulations in relation to the labour market in BVI has had a great impact on the overall structure and performance of WIYCR. The government restrictions considerably differ from those the US expatriate managers are familiar with. Generally speaking, in the US the job is given to the best possible candidate, while in BVI it is offered to the most enthusiastic candidate. The local work permit limitations result in trained and qualified managers from the US not being able to find employment in BVI. Another obvious difference between those two labour markets is the process in which employees can be laid off. As tourism is one of the few sustainable industries on the island, employees are granted job security despite their qualifications and willingness to work. By contrast, the number of jobs available in the American hospitality industry is rather limited. The employment opportunities in BVI are almost unlimited in that respec t, which means the local staff can freely leave or change a post if they wish. Unlike in the BVI, the US have extensive hospitality management educational programs and relevant work placement schemes. Therefore, the locals do not have the opportunity to gain the necessary education in the hospitality field resulting in their lack of enthusiasm in relation to taking on management positions. As far as the management team of WIYCR is concerned, the main company departments are located miles away from the actual resort, and all strategic decisional are made offshore. As the top mangers pay visits to the resort only few times a year, and never during peak season, they cannot fully understand the culture diversity and employee needs, let alone the issues which can directly impact the overall operation of the resort. This gap has already resulted in various communication issues. In one particular instance, the Chicago office had over-booked the resort by nearly 20% despite the opposition from the Rooms Division Managers. Therefore, during the peak season the number of guests was much higher than the physical capacity of the resort, affecting the service and staff morale. In the light of the previously identified problems, the study have been concluded with the following findings: Turnover in expatriate management This problem is partly due to the lack of essential international experience, cross cultural communication and sensitivity training on the expatriates side. Additionally, the strict local government regulations create challenges for the management to effectively run the resort. Since the understanding of local culture is limited among the expatriate managers, the management styles they employ are often ineffective. For instance, the behind-the-scene approach so popular in the US is much less effective in managing the Caribbean staff that showing support and participation. As a result of the cultural gap and lack of apparent results, the expatriate managers often feel discouraged since they cannot motivate the local staff to work effectively. Thus, the expatriates often loose their enthusiasm to work in the resort within a short period of time. Lack of motivation in local employees This issue is related to the over-protection from the government labour policy guaranteeing the jobs and salary for the local staff. Moreover, BVI locals are nourishing-oriented they cherish friendships between co-workers and family life. Thus, solely financial reward system is not effective at all. Instead, according to Maslows Needs Hierarchy Theory and The Four Drive Theory belongingness should be developed as well as drive to bond in order to boost their working spirit. It is also crucial for the locals to create personal relationships with their colleagues and direct supervisors, which is combined into their working relationship. Therefore, behind the scene managers do not encourage loyalty or respect from the local employees. Finally, locals know that they are paid on hourly basis and will get a raise each year without a review and regardless of their job performance. Tension between expatriates and local workers This is caused by the cultural difference. In the case of WIYCR, the expatriates are goal-oriented, they emphasize individualism, adopt easily to low power distance, low uncertainty avoidance and competitive environment whereas the local staff put emphasis on collectivism, adapting to high power distance, high uncertainty avoidance and nourishment orientation. The difference leads to misunderstandings on both sides creating unnecessary conflicts and tensions. Additionally, as mentioned previously, the labour laws of BVI increase job protection for locals, posing significant challenges to operations of the resort that suffers from insufficient capacity during peak season and overstaffing during the rest of the year. As it has been already proven the ideal management styles of US and BVI are significantly different. The former prefer laissez-fair or behind the scenes style while the latter prefer a hands-on and more instructive style. Since there are merely a few hands-on managers in WIYCR who strive hard to integrate into the local culture and gain respect, the frequent misunderstandings and lack of cooperation lead to unnecessary tensions in the resort. Moreover, unclear job descriptions and expectations also contribute to the increased tensions. Having lower education levels, the locals require clear and detailed role descriptions while the US expatriates consider brief guidelines sufficient in order to get the job done. Increase in guest complaints This issue is directly related to the above mentioned problems. Internal weaknesses combined with ineffective operating of the resort (e.g. insufficient staff in peak seasons, overbooking) result in the diminished level of service provided to the guests. The low motivation of local employees and the fact that there are currently less reluctant to take on more responsibilities affects the level of the customer service the guests expect. Solutions Based on the above findings it is believed that the optimal solution in the case of WIYCR is to change the organizational mindset to create more globally conscious management that will be able to benefit from the cultural diversity of the organization. The obvious advantage of this alternative is the fact it will promote cultural harmony, leading to increased work efficiency. Be changing the corporate culture to embrace diversity, the company will utilize the strengths of both cultures which in return allows the resort to retain the leading position in the market. As far as the downsides are concerned, the existing team may initially resist change resulting in cultural differences being even more challenging to harmonize. In the short term however, as the Christmas season is about to begin, the company should focus on trust building and improving team working. In the long run, attention should be placed on improving the communication and relationship between the resort and the headquarters in order to increase the overall efficiency of the organization. The first step is to improve the current situation in WIYCR is to have an authority figure present in the resort at all times in order to motivate employees. By having an evident, participating leader people will be motivated to work harder and focus on achieving the companys goals as well as seeking assistance with solving any problems that may occur. Secondly, managers should assign daily tasks and set goals for their employees as collectivists are not willing to set their own targets. This form of leadership is believed to be effective way of managing the local staff due to the high power distance of their culture. It is highly recommended that the implementation of this plan begin immediately since it is a vital part of the overall cultural adaptation process. The second area of development is to improve internal communication, gradually building trust between managers and local staff. In order to do that, the existing managers should undergo cultural training, so they become aware of the cultural differences they deal with be able do handle the situation more effectively. Cross-cultural training will significantly improve the communication between locals and expatriates. It is believed that it could be of a great benefit to the organization if the staff and management team attend both formal meetings to discuss progress and improvements and informal gatherings to improve relationships. The main reason behind it is that the local employees will hopefully increase their involvement and work efficiency as they are highly motivated by social activities. It has also become apparent that the communication between the resort and headquarters needs to be improved to prevent further tensions and deterioration of the customer service. The situation in this case can be improved by having frequent performance reports, as well as resort peak period bookings reviewed by the onsite managers. Additionally, quarterly meetings should be organized as well as visits from the top management to oversee the operation and become actively involved in the resorts day-to-day activities. In the long run, part of the booking duties could be delegated from the headquarters to the resort to improve efficiency and staff involvement. It is also recommended that the above solutions are considered as an on-going process starting with increased interactions among the employees, managers and head office. The third area of improvement related to building team working skills. It is vital for the business to have motivated and enthusiastic employees that work efficiently towards the common goal s of the organization. Since there is a high illiteracy rate among the local staff, precise instructions and demonstration are recommended. Moreover, in order to improve efficiency among the local staff, re-training using a hands-on approach should be considered. Additionally, future recruitment practices with regards to the local employees should be linked to the relevant skill set and attitude of the right candidate. Moreover, the selection of expatriates for managing positions should be based on previous cross-cultural experience and the relevant characteristics. Finally, job rotation should be taken into consideration to further encourage employees to interact with each other and increase job satisfaction and motivation. The fourth area of development relates to the implementation of effective performance measures. Both financial incentives as well as added collective rewards based on group performance should be considered. There should be frequent performance reviews held during group meetings, emphasizing win-win approach among management, employees and customers. The purpose of this approach is to satisfy needs of both cultures that help inspire employees to work efficiently increasing the organizations performance. These changes will involve continuous adjustment and improvements. Short term recommendations Organize an informal gathering prior to the peak season to boost employee morale Liaison with the local bar, popular with both the expatriates and local employees, should be considered and every opportunity such as birthday or festival parties should not be missed. It is also recommended that the resort provide food and drink incentives for employees. This action can help to build up friendship and team spirit between the expatriates and the local people. It will also create an excellent opportunity for both sides to discuss different opinions, express ones beliefs and subsequently reduce the tension between them. Additionally, it will help the expatriate managers to adapt to the local environment better in order to achieve their best management styles and satisfy their drive to acquire in order to have a lower turnover rate. Such informal gatherings are believed to be the first step to overcome cultural barriers and reduce tension between the parties. Informal parties should also provide a perfect opportunity for relationships to be established, and friendships and bonds to be made. It is also highly recommended that the local employees are encouraged to bring their family and friends, which is seen as a crucial part of their culture. In that way both the local employees and expatriate managers will have a brief, but better understanding for each others culture, which may result in mutual respect at least for the forthcoming holiday peak season.. Creating informational leaflets Those leaflets should be distributed among guests upon arrival, in which local culture is explained and embraced. This will help to change customer perceptions and persuade guests to relax and enjoy the slightly slower pace of islands time. This is a short term solution that can be altered into a longer term marketing campaign. Formal meetings (Instruction days) The main aim of these meetings should be to identify difficulties that both sides encounter on a day to day basis in the resort. It is recommended that the meetings are held regularly focusing on giving clear instructions to reduce uncertainties by providing clear indications in terms of work requirements, goals, future plans. In addition to that, demonstrations can be done by managers to increase their awareness of the daily tasks involved in running of the resort. It will also give the managerial team the opportunity to get to know the work of their subordinates and show their willingness to cooperate. Moreover, the local staff should be encouraged to ask questions, which in return help to provide cleared indication for future plans to be implemented and should guarantee higher motivation from the local community. Training programs For locals, the training workshops should focus on three areas: foreign culture, language and hospitality. Those initiatives should help the local people to understand the other culture and break the language barrier, as well as provide guidance on how to treat the customers in appropriate ways, thus helping to reduce the guest complaints. For expatriates, the training workshops should emphasize both BVI culture and management skills. They should be able to explore and appreciate the local culture, and communicate with the local staff in an effective ways by adapting their management styles to the local requirements. Long term recommendations Establish a WIYCR management training program This program should provide an opportunity for enthusiastic locals to receive the necessary training and education in order to be able to understand the industry and operational aspects of the resort. It will help to find a balance between local and expatriate management and staff. Additionally, this should promote motivation and involvement among local people and increase their willingness to take on extra responsibilities. Request frequent visits from the offsite top management team It is recommended that during these visits both the employees and managers should be encouraged to have an open dialogue in efforts to improve communication. Establish a social interaction committee The purpose of this should be to create more informal interactions between the local employees and the expatriate managers. This is especially recommended during off-peak season. This will not only improve internal communication, but also provide conditions for cultural understanding. In addition, non-financial incentives such as providing free food and drinks if customer complaints go down 10% in a particular week. Conclusion To sum up, all problems rooted from the large cultural gap. The remedial measures listed above aim at facilitating mutual communication and thus establishing better understanding and trust to deal with the cultural clash. Managers and local staff are important assets which help to run the resort smoothly. Any disputes and conflicts make unnecessary loss to the resort. Therefore, creating harmonious environment is essential before coming to various solutions.