Cause of Lack of Self Confidence - 6982 Words

Safety Management Safety Management Improving Business Outcomes Behavior-based safety techniques can influence organizational performance By Treasa M. Turnbeaugh O ORGANIZATIONAL CULTURE is an important consideration in managing a firm’s overall success. Management can set goals and objectives, assign responsibilities and accountabilities, and monitor business outcomes and processes, but it must also consider the context in which all of these initiatives occur. Organizational culture is difficult to define and cannot be measured in a direct manner as it is a soft social science issue rather than a standardized quantitative measure. To confound matters, subcultures often exist within organizations that may or may not be†¦show more content†¦accomplish goals. It may be important for the feeling of affiliation, motivation and job satisfaction. However, a strong culture can also be a deterrent to change. Studies have suggested that great companies cannot remain stagnant and still be great; they need to â€Å"change culture over the life cycle of the organization† if they want to continue to succeed (Baker, 2008, p. 8). Changing culture is a far more difficult task than trying Treasa M. Turnbeaugh, Ph.D., M.B.A., CSP, is to understand culture. Know- client services/risk control manager for Safety ing what to aim for is one of the National, an excess insurance carrier based in first steps in moving toward a St. Louis, MO. She has more than 20 years’ change initiative. Organiza- experience in the safety profession and has tional culture evolves over time extensive experience in workers’ compensation and can be (and should be) a cost reduction, ergonomics, industrial hygiene, managed process. Westrum indoor air quality, behavior-based safety, cultural (1993) (as cited in Bergersen, assessments, diagnostics and metrics, injury 2003, p. 12) suggests that treat- management and safety process improvement. ment of information is the cata- Turnbeaugh holds a Ph.D. in Health Services lyst for moving a firm along his Research with a minor in Epidemiology and an cultural maturity continuum of M.P.H. from Saint Louis University. In addition, â€Å"pathological, bureaucratic or she holds a B.S. and an M.S. inShow MoreRelatedBuilding Self Esteem1574 Words   |  7 PagesRunning Head: SELF-CONFIDENCE Building Self-esteem Abstract A lot of people suffer from the lack of self-confidence and often they don’t know the real reason. They unconsciously show this reason, low self-esteem. It’s very difficult for them to reach the goal they set and often they think the reason is their dis-abilities. They don’t trust in their skills. In reality no one is fully confident, because confidence isn’t general. You may feel confident in some field, while not in another one.Read MoreSibling Comparison of Everyday Use1055 Words   |  5 Pageslevel, which also differs. The only hidden similarity between these two sisters is the fact each one of them lacks confidence. Dee’s lack of confidence is more implicit, while Maggie’s lack of confidence is explicit. By doing this, Walker has the mother to develop a contrast between the sisters’ personality, appearance, and education, but forms a similarity from each sister’s lack of confidence. Mrs. Johnson first reveals the differences between Dee’s and Maggie’s looks and personality. Mrs. JohnsonRead MoreArgumentative Essay : Overconfident Supertramp1623 Words   |  7 Pagesfreedom is now theirs to possess, as are the ramifications that go with it. We may only hope that these young adults possess the self-control to make wise decisions with their freedoms. Today’s passionate freedom seekers are a generation of instilled confidence over self-control. Some may plunder forward, careless of the repercussions of their actions as they have the confidence to overcome any obstacle, as we observe with Chris McCandless in â€Å"Selections from Into the Wild†, by Jon Krakauer. Chris McCandlessRead MoreAffective Factors : Self Efficacy, Self Esteem, And Self Confidence811 Words   |  4 PagesAffective factors: self-efficacy, self-esteem, and self-confidence. Bandura (1994) proposed that individual’s perceived self-efficacy plays a central role in anxiety arousal when encountering potentially threatening situations. According to Bandura, self-efficacy is â€Å"people’s beliefs about their capabilities to produce designated levels of performance that exercise influence over events that affect their lives† (1994, p. 71). In other words, individuals’ perceptions regarding their efficacy areRead More What Causes Teenagers to Lose Motivation in School? Essay1731 Words   |  7 PagesWhat Causes Teenagers to Lose Motivation in School? missing works cited Some reasons for high school student academic failure, which range from drug use to individual student insecurity, can be plainly traced to the nature of adolescence. Social acceptance and a desire to belong to a crowd are placed above academics in the minds of teens. When academic underachievement is the norm, devoted students may come under ridicule as being nerds or teachers pets. There is a difficulty, thereforeRead MoreAnalysis Of Homer s The Odyssey1636 Words   |  7 Pagesversus immortal. Likewise, the actions and misfortunes of others also catalyze this extremely significant and powerful mental battle. Homer’s The Odyssey reveals the values of ancient Greece by portraying the intrapersonal struggles between a person’s self-determined honor and his/her worthiness in the eyes of the Gods. This underlying personal conflict defines many of the actions of the characters in the epic. The internal conflict concerning a man’s worthiness is largely influenced by the Gods’ actionsRead MoreMentor New Leaders Within Your Organization1466 Words   |  6 Pagesleader, it is important to mentor new leaders within your organization. Encouraging confidence in the new leaders will help establish competence in their field. Competence can also be achieved when an education has been invested in the new leader’s future. With the new knowledge of skills and education, the new leader will feel self-confident in the leadership position. After the establishment of self-confidence, the mentoring of the new leader must continue to set a precedent of continued supportRead MoreEssay about Nokia Research1242 Words   |  5 Pagesincome/salary, the motivation may or may be a driving factor Intervening Variable- Employees perform better if they are provided with good working conditions, better pay i.e. they are motivated. Exercise 2: Failure to follow accounting principles causes immense confusion, which in turn creates a number of problems for the organization. Those with vast experience in book keeping however are able to avert the problems by taking timely corrective action. List and label the variables in this situationRead MoreDr. Dimmesdale s Faulty Attributes1108 Words   |  5 PagesSome, lie out of cowardice, afraid that others may think of them in a detrimental way. Self-deception is another reason to lie. Self-deception causes us to think that the only reason we are sinning is for the good of others. However, what good will lying do for us and to what end will it lead us? Nathaniel Hawthorne creates the character of Arthur Dimmesdale to illustrate how a lie derived of cowardice and self-deception lead to hypocrisy and misery. Read MoreJane Eyre By Charlotte Bronte1268 Words   |  6 PagesJane experiences issues in each of the settings she res ides in. In Charlotte Brontà «Ã¢â‚¬â„¢s novel, Jane Eyre, the Reed family abuses Jane at Gateshead. Similarly, Mr. Brocklehurst harms and strips Jane of her self confidence at Lowood, the institution he manages. After her time at Lowood, Rochester betrays Jane in his home, Thornfield Hall. In order to rid herself of that hurtful emotion, Jane escapes to the Moor house. However, at her supposed sanctuary, St. John, one of the members of the household,

10 Steps of Animal Evolution, From Fish to Primates

Sexual Assault On College Campuses - 1591 Words

Sexual assault on college campuses is a growing epidemic. Twenty five percent of college women are affected by sexual assault (A. Amar, T. Strout, S. Simpson, M. Cardiello, S. Beckford, 2014, p. 93). Sexual assault is the non- consensual sexual touching of a person, in which a person is forced to engage in a sexual act against their will. Taking advantage of a person sexually is morally wrong, and causes victims of sexual assault significant emotional and physical damage. Sexual assault is a big issue because it is destroying the lives of college students. No one, that is, attending college, and has their whole life in front of them should ever have to experience trauma from such an act and have their whole future compromised because of it. But the problem is that the majority of the victims of sexual assault don’t report it. So what solutions are there to prevent sexual assault? Sexual assault on college campuses can be managed by enforcing a strict no alcohol policy on college campuses, so that it can not be used as a weapon by rapists. Sexual assault can also be thwarted through sexual assault prevention workshops to educate students and staff about the issue, and through the college administration, reporting sexual assault to local authorities, so that the legal consequences of sexual assault can be implemented. Out of the three preventative measures, having the administration report sexual assault to local authorities is more effective, because the crimes areShow MoreRelatedSexual Assault On College Campuses1381 Words   |  6 Pages Sexual assault has been a huge issue for many years on college campuses and universities nation wide. As society has evolved, thoughts on sexual assault have also evolved, becoming more focused on the details of victim treatment than ever before. The topic of sexual assault is debatable and sparks many opinions on weather sexual assault on college campuses is becoming more frequent, or if there is just heightened awareness. Sexual assault can happen to anybody no matter the gender, race, religionRead MoreSexual Assault On College Campuses1394 Words   |  6 PagesSexual assault on college campuses is an extensive topic that has concerned people for many years. The high rates and the case report cover-ups have brought about many varying opinions. Many people believe in changing the college framework to establish universities that are better equipped to deal with this issue. Others feel that the problem could be addressed by changing society’s outlook on crimes like these. While another group feels that the problem is in how we define rape. Despite these differencesRead MoreSexual Assault On College Campuses822 Words   |  4 PagesSexual assault on college campuses has become a huge issue. Students each and every day make bad decisions, whether they be alcohol induced or not, physical or verbal sexual abuse crosses the minds of some kids. Sexual assault is defined as â€Å"any type of sexual contact or behavior that occurs without the explicit consent of the recipient† (justice.gov 2016, pg. 1). Recent altercations have released many different opinions on the topic. Overall the injustice is violating ones personal freedom and decisionRead MoreSexual Assault On College Campuses Essay1993 Words   |  8 Pages â€Å"The Perpetuators of Sexual Assault on College Campuses† Sexual assault is defined as any vaginal, oral, or anal penetration that is forced upon another, regardless of sex and sexual orientation, using any object or body part. The issue of sexual assault in America is primarily encouraged by rape culture. Women Against Violence Against Women is an organization that defines rape culture as a complex set of beliefs that encourage male sexual aggression and supports violence against women. The acceptanceRead MoreSexual Assault On College Campuses Essay1941 Words   |  8 PagesAssault in all forms is dangerous to both men and women. Sexual assault on college campuses is fairly common today, and occurs in a number of ways. Young women are most often the main victims of assault on college campuses. This is becoming a serious issue in American society today because either some of these cases go unreported or these young women are too scared to report them or are too embarrassed to report it because the men causing these might be their friends o r someone they know. Many youngRead MoreSexual Assault On College Campuses1990 Words   |  8 Pagesthat has been gaining a lot of national attention is that of sexual assault on college campuses. Most understand sexual assault as an extremely vulgar act and it can universally be seen as taboo. But what exactly constitutes as sexual assault? The term sexual assault takes many forms including the attacking of an individual, rape, attempted rape, as well as any unwanted form of sexual contact and threats. A common form of sexual assault committed is when an individual touches any body part of anotherRead MoreSexual Assault On College Campuses998 Words   |  4 PagesWebster defines sexual assault as an illegal sexual contact that usually involves force upon a person without consent or is inflicted upon a person who is incapable of giving consent or who places the assailant in a position of trust or authority. Most common types of sexual assault are â€Å"acquaintance rape† an d â€Å"date rape†, which both take place on college campuses but go unnoticed. There are several incidents that occur on college campuses that students that attend that particular college or universityRead MoreSexual Assault On College Campuses1314 Words   |  6 PagesIn the last few years, the issue of sexual assault on college campuses have been gaining popularity in the public. Campus sexual assault have been a recurring subject throughout history and it seems to only get bigger. People would think that college campuses will be safe due to the advance security on the campus. Hundreds of women and men are sexually assaulted on campus everyday. Many organizations have started to form in order to help victims and prevent such tragic, heinous acts from happeningRead MoreSexual Assault On College Campuses1441 Words   |  6 PagesSexual Violence on College Campuses Among female college students, 23% said they experienced some form of unwanted sexual contact ranging from kissing, to touching, to rape. All of these females said it was carried out by force or threat of force, or while they were incapacitated because of alcohol or drugs. This data was collected from a survey taken by 150,000 students from 27 different Universities. (Wallace, Kelley, 2105) Sexual assault is sexual contact or behavior that happens without theRead MoreSexual Assault On College Campuses Essay1964 Words   |  8 PagesSexual assault on college campuses has become a hot topic in today’s society. From the Stanford swimmer, Brock Turner, raping an unconscious woman (Miller, 2016, para.1) to the Florida State star football player, Jameis Winston, being accused of rape and FSU covering it up (Dick, 2016, para 1), sexual assault on campus is everywhere. The prevalence of reported assaults is often skewed, due to women feeling uncomfortable about discussing what the y went through, but the numbers tell the story all on

Essay on Fredrick Douglass - 1173 Words

â€Å" Agitate! Agitate! Agitate!† ( Huggins,180). These are the words of Fredrick Douglass that could represent the way he lived his life. Not willing to accept his life as a slave, he rose to become a great and honorable man that held a voice of influence over the reform movement’s throughout the 19th century. He is one of the American leaders who provided a powerful voice for human rights and racial injustice during this period of American history. Throughout his life he was first and foremost an abolitionist, fighting against slavery until its elimination. He was a man dedicated to a cause, determined to try everything in his power to fight for what he believed fair, which was racial equality. As a young man Fredrick had fire; a burning†¦show more content†¦Fredrick’s sense that slavery was immoral was also influenced by the idea stated in the Declaration of Independence that â€Å"all men are created equal.† He felt all Americans must live up to these ideals that they so proudly based the new nation on. He seemed to view that if the American people created the constitution, then the nation must live up to and embody its lofty tenets and principles. He said that the â€Å"United States was the boldest in their pretensions to freedom, and loudest in their professions of love of liberty, yet no nation exhibited a code of laws as cruel, malicious and infernal as that of the Americans.† (Huggins, 37). â€Å"Every page is red with the blood of the American Slave† ( Huggins, 37). The primary goal that Frederick wanted to accomplish as a reformer was to establish racial equality. Trying to work towards his ultimate goal he established more immediate goals. When the civil war first started such as fighting for the emancipation of the slaves and allowing for the rights of blacks to enlist in the union army. He hoped that the outcome of the war might be that â€Å"everyone in the country be entitled to the same rights protection and opportunities.† (Huggins, 97). He also said that â€Å"the black man a solider in war, a laborer of peace ; a voter in the South as well in the North; America his permanent home, and Americans his permanent countrymen.†( Huggins, 98). After the civil war, Fredrick fought for the adoption of constitutionalShow MoreRelatedThe Fredrick Douglass Journey. Fredrick Douglass Was Well1355 Words   |  6 PagesThe Fredrick Douglass journey Fredrick Douglass was well known abolitionist know for influence on the black community through his stories from moving around during the slave journey, his escape, and his rise to being an abolitionist. Not many people believed that Douglass was a slave, many people just believed for him to be another abolitionist that preached about slavery but never been through it. So, he decided it was his job to make his story known. Using his biographies we see that Fredrick DouglassRead MoreBiography of Fredrick Douglass1294 Words   |  5 Pagesinventors, but what about the people that are in between – the people that fought for equality. Fredrick Douglass arguably had the greatest impact on American society, especially African American society, in the nineteenth century. Douglass is credited as being an abolitionist, author, editor, and diplomat. He used literature, books, newspapers, and even speeches, to leave a long lasting mark on our society. Douglass advised presidents and lec tured to thousands about different causes, including women’s rightsRead More Fredrick Douglass Essay852 Words   |  4 Pages The purpose behind Fredrick Douglass’s Narrative was to appeal to the other abolitionists who he wanted to convince that slave owners were wrong for their treatment of other human beings. His goal was to appeal to the middle-class people of that time and persuade them to get on board with the abolitionist movement. Douglass had a great writing style that was descriptive as well as convincing. He stayed away from the horrific details of the time, which helped him grasp the attention of the womenRead MoreSlave Fredrick Douglass772 Words   |  3 Pagesman of hope and undying perseverance, Frederick Douglass escapes the shackles of slavery into the safety of the North, where he achieves the ultimate dream of the southern slave: freedom. He overcomes his struggles with his identity and knowledge of his past. In his Narrative of the Life of Frederick Douglass, the cruelty and inhumane ways of slaveholders are depicted in their truest forms through the personal accounts of Frederic k Douglass. Douglass is fearful of having to stay as a slave for lifeRead MoreAnalysis Of Fredrick Douglass s If There Is No Struggle 1395 Words   |  6 PagesGrant Todd Mr. Sotak English 9 23 May, 2016 Activism within Fredrick Douglass â€Å"If there is no struggle, there is no progression,† is what Fredrick Douglass said during his speech at Canandaigua, New York During an event celebrating West Indian Emancipation Day (blackpast.org). This is saying that struggles and hardships need to happen to get anything accomplished. A lot of people today view Fredrick Douglass as a civil rights activist because the things he has achieved and the way he has positivelyRead MoreFrederick Douglass s Narrative Of The Life Of Fredrick Douglass1693 Words   |  7 Pages Slavery on a plantation was drastically different from slavery in the city. Frederick Douglass the author of Narrative of the Life of Fredrick Douglass was born and raised on the plantation as a slave. From his early years Douglass experienced life as a slave on a plantation. He was soon relocated to Maryland at the age of seven to the slave owner’s brother Mr. Auld. Douglass is moved back and forth from the plantation to the city. The areas of food , treatment and punishment, and clothing were contrastingRead MoreWilliam Lloyd Garrison And Fredrick Douglass1049 Words   |  5 PagesAbolitionist W.L. Garrison and Fredrick Douglass We all realize during this day and age that slavery was just a terrible historical event in the United States during the early periods and there was a movement of Abolitionism that attempted to rid the United States of slavery. Abolitionist came from several walks of life. There were hundreds of abolitionist as well but some were at the forefront of this movement. William Lloyd Garrison was the founder of the Boston Liberator, the â€Å"LiberatorRead MoreThe Narrative Of The Life Of Fredrick Douglass, An American Slave Essay1561 Words   |  7 Pages1845 Fredrick Douglas wrote an autobiography called The Narrative of the Life of Fredrick Douglass, an American Slave. The book tells the story of his life as a slave, being the son of an enslaved woman and a white man and how he finally escaped slavery in 1837. Due to the book he became a leader for an abolitionist movement and spoke and wrote many different things about the evils of slavery. He was the most respected and famous African American in the nineteenth century. Fredrick Douglass usedRead MoreNarrative Of The Life Of Fredrick Douglass, An American Slave916 Words   |  4 Pages Narrative of The Life of Fredrick Douglass, an American Slave In Fredrick Douglass’s a narrative, Narrative of The Life of Fredrick Douglass, an American Slave, he narrates an account of his experiences in the dehumanizing institution of slavery. This American institution was strategically formatted to quench any resemblance of human dignity. Throughout, the narration of his life Fredrick Douglas, meticulously illustrates the methodical process that contributed to the perpetual state of slaveryRead MoreThe Meaning Of July Fourth For The Negro By Fredrick Douglass Analysis780 Words   |  4 PagesRochester, New York on July 5th, 1852 by Fredrick Douglass; a former African American slave. In the speech, he discusses the true meaning of the widely celebrated holiday known as The 4th of July and what it really means a Negro. Who was Fredrick Douglass? Fredrick Douglass was born into slavery in Talbot County, Maryland in the year of 1818. In 1838 he managed a successful escape with the help of some friends he had. Fredrick Douglass went on to get married twice in his lifespan

Role Of Gender In Influencing Helping Behaviour †Free Samples

Question: Discuss about the Role Of Gender In Influencing Helping Behaviour. Answer: Introduction In the present day, gender has been regarded as one of the most important aspect in helping behaviour especially in the western societies. It has also been found that while helping other individuals, men are more likely to help strangers than women. It has also been agreed by many psychologists that gender plays an important role in the society while helping others (Gentile et al., 2014). Accordingly, there are stereotypes on peoples genders that exit for some reason such as a persons gender is determined at the time of his or her birth and they were told to behave accordingly, thus it influence their helping behaviour. Gender Differences and Helping In order to understand the gender differences in helping process, it is important to understand the roles of gender that influence the helping behaviour of every individual. Furthermore, different roles are directed for specified genders as these norms have been set by the society an individual lives (Gentile et al., 2014). For instance in case of the gender role of female it has been argued by many scholars that societal norms encourages women to help others and moreover, women are also expected to give importance to others needs than their own and accordingly will try to help others (Schaller, 2016). The female role playing has also been regarded as a caring nature and it has also been stated that women are more empathic than men. On the other hand, the male gender role in influencing helping behaviour is different than that of female as they tends to portray heroic behaviour. Furthermore, with their heroic behaviour, they tend to save other from certain risk or danger and it has a lso been stated by some scholars that the gender role influences men to help strangers more than women (Seidman, 2016). For instance, bystanders might get more help from men than women, as in this case male can achieve its heroic deeds. Role of Social Status in Helping It is important to note that the social division of gender as per their status within the society largely influence the helping behaviour. It has been stated by some scholars that individuals in the lower status role will be acting more as a service provider than the receivers. However, it has also been noted that in gender differences men acts more as a receiver of helps than women in relation to job and more (Turner, 2018). In cases, when helping behaviour is seen from societal context, then gender differences in influencing behaviour plays a major role as a status cue in order to attain longer goals. According to Starr and Zurbriggen (2017), there are certain implications in status differentiation between gender when seen from social view point, as it has been stated that individuals directly requesting for help as shown as an influencing attempt and helping to that response is viewed as compliant behaviour. Physical Attractiveness and Helping Behaviour of Different Gender Physical attractiveness among gender plays a major role while influencing helping behaviour as people who are more attractive are likely to receive more help than others who are not (Turner, 2018). Prior to that, in case of gender differences, attractive women tends to receive more help than men, and furthermore it has also been stated by numerous scholars that men tends to help attractive women more than the less attractive. As per the report it has been found that men time to spend more time in helping opposite gender attractive people than the unattractive (Dovidio et al., 2017). As noted physical attractiveness of different genders plays a significant role in helping behaviour, therefore attractive women are more likely to act as a receiver than providers, whereas on the other hand, men in helping behaviour more likely to act as a helping agents rather than receiving help and also tends to help attractive women more than the unattractive women. Social Role and Gender Schema Theory It is important to note that in regards to gender differences influence in helping behaviour, societal norms plays a major role as per the social role theory. According to the social norm theory, women are portrayed as caring while helping others and are tends to be as heroic or chivalrous in terms of helping other people (Seidman, 2016). Social role theory also defines that women in case of helping provides help in a nurturing way, because they are expected to behave in that way by the society, while men as per the theory are expected to help others in dangerous and in emergency situation. As per the gender schema theory, masculine gender are expected to help others especially stranger in a more problem solving way, while feminine gender are tends to help in a caring way (Turner, 2018). Gender schema theory mainly deals with role playing as per their gender and accordingly tries to adjust their behaviour as per the norms of the society and in case of helping others male tend to prov ide help in relation to task orientation, whereas interpersonal orientation are possessed by females. Literature Gap In order to carry out the research and to have a clear understanding of the role of gender in influencing human behaviour, numerous journals, articles and books have been thoroughly examined. However, various critical observations have lead to the identification of the gap in literature. From the study, it has been observed that most of the researchers mainly dealt with the role of male and female gender in influencing behaviour, whereas there are very few researches regarding the role of cross-gender in influencing behaviour and also did not provide any clear explanation. It should be noted that transgender willingly wants to help others but people are less likely to receive help from them and they are left alienated within the society. Summary Gender role in influencing behaviour is a wider topic in itself that consists of different gender roles while helping other person. Society also plays a significant role in adjusting human behaviour as per the norms of the society. Apart from this, it has also been shown that physical attractiveness also plays a major role in influencing behaviour while helping others, as attractive individuals are likely to receive more help than the unattractive people. References Christov-Moore, L., Simpson, E. A., Coud, G., Grigaityte, K., Iacoboni, M., Ferrari, P. F. (2014). Empathy: Gender effects in brain and behavior.Neuroscience Biobehavioral Reviews,46, 604-627. Dovidio, J. F., Piliavin, J. A., Schroeder, D. A., Penner, L. A. (2017).The social psychology of prosocial behavior. Psychology Press. Prot, S., Gentile, D. A., Anderson, C. A., Suzuki, K., Swing, E., Lim, K. M., ... Liau, A. K. (2014). Long-term relations among prosocial-media use, empathy, and prosocial behavior.Psychological science,25(2), 358-368. Schaller, M. (2016). The behavioral immune system.The handbook of evolutionary psychology. Seidman, S. (2016).Contested knowledge: Social theory today. John Wiley Sons. Starr, C. R., Zurbriggen, E. L. (2017). Sandra Bems gender schema theory after 34 years: A review of its reach and impact.Sex Roles,76(9-10), 566-578. Turner, S. P. (2018).The Social Theory of Practices: Tradition, Tacit Knowledge and Prepositions. John Wiley Sons. Vogel, D. L., Wester, S. R., Hammer, J. H., Downing-Matibag, T. M. (2014). Referring men to seek help: The influence of gender role conflict and stigma.Psychology of Men Masculinity,15(1), 60.

Letters of Credit in International Business Autonomy, Strict Compliance and Other Solutions Essay Example For Students

Letters of Credit in International Business: Autonomy, Strict Compliance and Other Solutions Essay Introduction The rises in international trade over the last few decades lead to the boost in popularity of Letters of credit as a payment instrument. The considerable time lag between when the goods leave the country of the seller and reach the country of the buyer meant that the traditional methods of payment used in the case of domestic transactions were unsuitable. Two critical features of the letters of credit, resulted in it being considered as the best alternative. 1. The principle of Autonomy of the Letter of Credit 2. The doctrine of Strict compliance Doctrine of Strict Compliance According to the doctrine of strict compliance, banks are bound to pay the beneficiary the amount due under the credit upon the presentation of documents as mentioned in the letter of credit. Autonomy of the Letter of Credit According to the principle of autonomy of credit, the letter of credit which is a contract entered into between the applicant and the issuing bank is a separate and independent transaction from the underlying contract of sale entered into between the buyer and the seller. This principle was first recognized in common law. For example it was stated by Jenkins L. J. in Hamzeh Malas Sons v British Imex Industries Ltd. that, â€Å"the opening of a confirmed letter of credit constitutes a bargain between the banker and the vendor of the goods, which imposes upon the banker an absolute obligation to pay, irrespective of any dispute there may be between the parties as to whether the goods ( conform ) are up to contract or not. † Parties to a letter of credit often regard the principle of Autonomy of credit as a term of the credit, by expressly indicating in the text of the credit that it is subject to the rules of the UCP 600. The principle of Autonomy of Credit is confirmed by Article 4 of the UCP, which provides that, â€Å"a credit by its nature is a separate transaction from the sale or other contract on which it may be based†. The efficacy of letters of credit relies on the combination of the doctrine of strict compliance and the principle of autonomy of credit for the purpose of providing security to the beneficiary of the instrument against default by its counterparty under contract and for the purpose of protecting a beneficiary from carrying credit risk during the course of a dispute under the underlying contract, or in order to support the obligation of the account party to pay a sum of money to the beneficiary. Exception to the Principle of Autonomy of Credit Fraud as an exception to the principle of autonomy of credit, although has been considered by the judicial systems of various jurisdictions, the Judges have been reluctant to intrude on the working of the instrument on any basis. The perspective of the Judiciary has been that any interference would hamper the efficacy of the process, and as a result sole purpose the letters of credit was designed to serve would be lost. This is seen in the first English case to consider fraud as an exception to the principle of autonomy, which was Discount Records Ltd v Barclays Bank Ltd Lloyd’s Rep 444 where it was held that a mere allegation of fraud was insufficient to issue an injunction. However, with time Judicial systems have attempted to strike a balance between on the one hand safeguarding the efficient working of letters of credit as an instrument of payment, and on the other ensuring that no one benefits at a cost to another, through the commission of acts of fraud, or engaging in conduct which is considered to be unconscionable by the wider society, and/or provisions of statute in some jurisdictions. Following is an analysis of the changing attitudes of Judges and the legislatures of a few key territories. Position in the United States The position in the United States is laid down in Article 5-109 of the Uniform Commercial Code, which provides that: 1. If a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant: the issuer, acting in good faith, may honor or dishonor the presentation. 2. If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons. The UCC has not provided an answer to the question, as to how the word ‘material’ should be interpreted or when n a particular transaction would be regarded as â€Å"materially fraudulent†. Therefore the key in attempting to obtain an injunction against a beneficiary of a letter of credit would be to examine the point of view of the Judges. It was held in the case of Ground Air Transfer v. Westates Airlines (1990) that: â€Å"Westates, the beneficiary, can truthfully say that it satisfied the letter of credits express conditions; it mailed a ten day notice to Charter One . More importantly, since Westates has at least a â€Å"colorable† claim that it acted lawfully under the contract in doing so, Westates’ call would not fall within the traditional exception for forgery or fraud. † The courts further went on to lay down certain circumstances in which granting an injunction would be justified, such as where the fraud is, â€Å"so serious as to make it obviously pointless and unjust to permit the beneficiary to obtain the money, . . . Where the circumstances plainly show that the underlying contract forbids the beneficiary to call a letter of credit, . . . where they show that the contract deprives the beneficiary of even a colorable right to do so, . . . where the contract and circumstances reveal that the beneficiarys demand for payment has absolutely no basis in fact, . . where the beneficiarys conduct has so vitiated the entire transaction that the legitimate purpose of the independence of the issuers obligation would no longer be served . . . † In the case of Mid-America Tire v. PTZ Trading Ltd Import and Export Agents , the courts held that the statement must be narrowly limited to situations of fraud in which the wrongdoing of the beneficiary has vi tiated the entire transaction and/or the demand for payment under the letter of credit has absolutely no basis in fact. Following a thorough examination of the UCC and a string of cases decided by the US courts, one may arrive at a conclusion that the decision of Justice Shientag in the case of Sztejn v J. Henry Schroeder Banking Corp. is continued to be applied as the standard. In this case Justice Shientag stated : This is not a controversy between the buyer and seller concerning a mere breach of warranty regarding the quality of the merchandise; on the present motion, it must be assumed that the seller has intentionally failed to ship any goods ordered by the buyer. In such a situation, where the sellers fraud has been called to the banks attention before the drafts and documents have been presented for payment, the principle of the independence of the banks obligation under the letter of credit should not be extended to protect the unscrupulous seller. A close evaluation of Justice Shientag’s decision in the context of the UCC would lead one to the conclusion that the standard applied in that case is synonymous to the standard the UCC has laid down, as interpreted by the Judges of the present day. The Alchemist EssayThe principle followed in Olex Focas was endorsed by the New South Wales Supreme Courts in Boral Formwork. It was held by Austin J that it was unconscionable under the TPA, for the beneficiary to demand an amount over and above the amount due to be paid. Both parties to the underlying contract had agreed that the buyers had to incur rectification expenses on the subject matter of the contract amounting to $174,065. 39. Thus injunction was granted on the basis that it was unconscionable under the TPA to claim an amount over and above what was due under the underlying contract. Striking a Balance Having considered the approaches adopted by various legal systems as to the exceptions applicable to the fraud principle, the most important issue which needs to be addressed is, whether the original objective of the use of letter of credit still being served? Does it provide adequate security to the seller against default by the buyer? Does it protect a beneficiary from carrying credit risk during the course of a dispute under the underlying contract? It was stated by Kerr J referring to documentary credit as a payment instrument, in Harbottle (RD) (Mercantile) Ltd v National Westminister Bank : â€Å"They are the life blood of international commerce†¦ They must allow to be honoured, free from interference by the courts. Otherwise trust in international commerce could be irreparably damaged. † In the case of Wood Hall Ltd v Pipeline Authority it was held that performance guarantees were to be â€Å"as good as cash† . Therefore it is evident that the level of reliability and efficacy expected of payment instruments such as performance bonds and letters of credit is relatively high in that they are presumed to be â€Å"as good as cash†. The question that seems to persist is whether letters of credit continues to remain as a stimulant to international trade, considering the apparent restriction to the autonomy principle through the formulation of various novel principles as valid grounds upon which courts have thought it justifiable to grant an injunction. On the contrary, one may argue that it is important that a balance is struck between on the one hand safeguarding the original purpose of Letter of Credits as payment instruments, while at the same time ensuring that it is not used by certain persons, especially fraudsters for the purpose of making profits at a cost to another, in turn causing injustice to them. Conclusion It may be stated that the shift towards the recognition of a few novel methods as exceptions to the autonomy principle is justifiable. As stated before, in order for a payment instrument to work efficiently, it is important that it operates in such a manner that it draws the faith of all parties to the transaction. Therefore although the strict approach adopted by the British courts before may not be justified, the inclination to recognize exceptions more readily and grant an injunction against the beneficiary is commendable. The necessity of the latest developments in Australia with the developments of the principle of unconscionability under the TPA as an exception to the autonomy of credit is justifiable to the extent that a strict approach and a high standard of proof is adopted ensuring that the efficient working of the payment instrument is not hindered. One may argue that, a further move towards adopting a lower standard of proof is necessary because, although the buyer of the goods may be able to enforce his/her rights through a separate cause of action for breach of the underlying contract, often the fraudster disappears once he has obtained the money. However, it is important to understand that any further risk which the applicant of the letter of credit (the buyer of the goods) may be subject to would be a risk he/she is required to take in the usual course of trade, and any further changes would hamper the whole process, and the purpose the letter of credit in international business would be lost. The best balance seems to be stricken by the approach adopted by the US system. However there is a lack of certainty as to what the status of the law is with regard to the particular matter. Therefore it is important that a set of rules are laid down as to when a particular transaction would be regarded as fraudulent and when it would not be regarded so. This would in my opinion act as a further stimulant to international trade as the parties to a contract would be informed of the status of the law with regard to the principle of autonomy and it’s exceptions prior to committing to a contract. Therefore let us hope that the abovementioned issues with regard to the principle of autonomy are addressed in the next revision of the Uniform Customs and Practice for Documentary Credits. Finally may I emphasize the fact that it is of immense importance that the parties take all practical steps within their limits to ensure the avoidance of any complications which may arise later on. Bibliography 1. International Business Law by Bryan Mercurio, Leon Trakman, Meredith Kolsky Bruno Zeller. 2. Hamzeh Malas Sons V British Imex Industries Ltd 2 QB 3. ICC Uniform Customs and Practice for Documentary Credits 2007 Revision. 4. Matthew Bisley and James Mok, Unconscionable demands under letters of credit, performance bonds and bank guarantees (2005) JBFLP 5. International Trade Law (2010) by Indira Carr and Peter Stone, 6. Uniform Commercial Code (UCC) 7. Ground Air Transfer v Weststates Airlines 899 F. 2d 1269 (1990). 8. United City Merchants (Investments) Ltd v Royal Bank of Canada 1 Lloyds Rep 267, 1 Lloyds Rep 604, AC 168 9. Mahonia Ltd v JP Morgan Bank EWHC 1938 (Comm) 10. Montrod Ltd v Grundkotter Fleischvertriebs GmbH 1 All ER (Comm) 257 11. UNSW Law Journal (2001) 24(1) The Identity of the Fraudulent Party under the Law of Letter of Credit by Xiang Gao. 12. Sirius International Insurance Corp (Publ) v FAI General Insurance Co Ltd EWCA 470 13. RD) (Mercantile) Ltd v National Westminister Bank Ltd 2 All ER 862. 14. Journal of International Maritime Law (2003) 9 (6) ‘Documentary Credits and illegality in the underlying transaction’ by Jason Chuah. 15. Robin Burnett Vivienne Bath, Law of International Business in Australasia (2009). 16. Xiang Gao* and Ross P Buckley, ‘A Comparative Analysis of the Standard of Fraud Required Under the Fraud Rule in Letter of Credit Lawâ €™ (2003) Oxford U Comparative L Forum 3 at ouclf. iuscomp. org. 17. Dixon, William M, As good as cash? ‘The diminution of the autonomy principle’(2004) 32(6): Australian Business Law Review at 391-406.