Property law and leasing - Free Essay Example

Sample details Pages: 10 Words: 3079 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Essay any type Level High school Did you like this example? 191893 Delivery Time :Standard 5 Days per 5000 words Title: QUESTION: PART A (i) Leslie plc, by deed, granted a ten-year lease of certain premises to Target Ltd from 1st November 2000. The lease included covenants by Target Ltd. not to assign or sub-let the whole or any part of the premises without the landlords consent, to keep the premises in repair and to pay the quarterly rent. Don’t waste time! Our writers will create an original "Property law and leasing" essay for you Create order There was a proviso for re-entry in the event of breach of any covenant. In 2002, Target, with Leslies consent, assigned the lease to Ace Co. Ltd. In 2004, Leslie sold and conveyed the freehold reversion of the premises to Rake plc. Rake has discovered that Ace has, without seeking consent, given a monthly sub-tenancy of part of the premises to Simon and that the premises are out of repair. Rake informed Ace of its concern over these matters in a letter accompanying the demand for the quarters rent due on 1st November 2006 and stated that it, Rake, was considering its position. Ace sent a cheque in response to the demand, which Rake has not yet cashed. You are a trainee in the firm of solicitors consulted by Rake. Your principal has asked you to Produce a report of 1,200 words outlining the legal principles and identifying the relevant statutory provisions and cases as to whether: (a)Rake has the benefit and Ace has the burden of the covenants in the lease; (b)either breach of covenant has been waived so as to prevent Rake being able to take forfeiture action in respect of that breach; (c)whether the breaches are irremediable for the purposes of s.146 (1) of the Law of Property Act 1925 Your report should identify whether there are any particularly relevant or recent cases on these issues. Advice will be given to Rake plc on the basis of this report. QUESTION: PART B Explain precisely (in 300 350 words) what was your research strategy and how you carried out the research under Question: Part A, giving details of the electronic searches that you made. Outside the word limit, give a bibliography of all books and databases used to carry out the research, and give a list of all cases that you consulted (whether or not actually used), with their references. To decide on who has the burden and the benefit of the covenant it is necessary to analyze the type of covenant that was originally made between Leslie Plc and Target. Covenants against assignment can either be absolute[1] or qualified[2]. An absolute covenant would prevent any assignment or subletting. A qualified covenant entitles the tenant to sublet or assign with the landlords consent[3]. Under the Landlord and Tenant Act 1927 s19 (1) the landlord cannot withhold consent unreasonably[4]. Should he decide to withhold consent he would have to show that consent is being withheld reasonably[5]. Reasonableness is not defined in the legislation but has been defined by case law[6]. In the above it is stated that Leslie had agreed to allow Target to assign the lease. When issuing a lease the landlord can impose obligations on the tenant for repairs[7]. Where the lease is for less than 7 years there is an implied covenant[8] that the landlord will repair the structure[9]. Enforcement of the obligation of the landlord to repair the property is usually only in respect of residential leases[10]. Commercial leases are free to make their own agreement[11] and the obligation of the landlord is only implied where the parties have not made express provision for repairs[12]. Express covenants for repair by the tenants usually contain an exception for fair wear and tear. It is usual for this exception to only cover things that wear out in the course of normal and reasonable use[13]. Where the wear and tear result in further damage to the property the tenant may become responsible for repairing the original wear and tear[14]. If the lease between Leslie Plc and Target had occurred prior to 1995 then the assignment of the tenancy from Target to Ace would not absolve Target from the liability in accordance with the contract[15]. This effectively would have meant that Target would still be bound by the covenants made with Leslie throughout the duration of the lease even though his interest has been assigned[16]. Covenants in leases are deemed to be made on behalf of the covenantor and his successors in title unless a contrary intention is expressed[17]. Leases iss ued prior to the Landlord and Tenant (Covenants) Act 1995 allowed liability of the original tenant to continue even though the original tenant has no control over the assignee[18]. If the lease had been issued prior to 1995 although the landlord would normally seek redress against the assignee[19] in the first instance there is no requirement that the landlord should proceed in this manner. Effectively the landlord could opt to seek redress from the original lessee instead of the assignee[20]. This was particularly useful where the assignee had become insolvent[21]. As the lease began after 1995 the Landlord and Tenant (Covenants) Act 1995 s5 releases Target from the burden of the covenant and passes the burden to Ace[22]. Under s3 of the LT(C) A 1995 the benefit and burden of all covenants[23] shall be annexed to each and every part of the demised premises and shall pass on assignment and the test of touching and concerning does not apply[24]. Covenants expressed in a personal w ay are not transferred to the assignee[25]. It is important to look at the privity of the contract and the privity of estate[26] as the differences that apply under each will affect the ability of Rake to enforce the covenant. The difference between having both the privity of contract and the privity of estate is that under a privity of contract all covenants bind[27] whereas under privity of estate[28] then only the covenants which are regarded as typically part of the landlord and tenant relationship will be bound[29], such as covenants to repair. Privity of estate only affects the benefit and burden on the assignee and the landlord in respect of covenants that touch and concern the land[30]. In Spencerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case[31] it was stated the covenant must either affect the land as regards the mode of occupation, or it must be such as per se, and not merely from collateral circumstances, affects the value of the land[32]. There would be both privity of contract[33] and privity of estate between Leslie Plc and Target as they were the original lessor and lessee. The assignment of the lease to Ace would only create a privity of estate between Leslie and Ace as there would be no direct contractual relationship between them. Similarly by selling the property to Rake there would be no privity of contract between Rake and Target or Rake and Ace[34], only a privity of estate. If the assignment of the sub tenancy Simon had been agreed by Rake then there would have been privity of estate between Rake and Simon. As the assignment of the lease to Simon was not consented to by Rake there would be no privity of estate and Rake would not be able to enforce the repair covenant against Simon[35]. It could be argued that the assignment of the sub-tenancy to Simon has waived the right of Rake to claim forfeiture for the breach of the covenant to repair the property, as only restrictive covenants can be enforced against a sub tenant[36]. As Rake has control over the property it could be argued that he should still have the burden of the covenants. This would mean that Rake could enforce the repair covenant[37]. If Ace carried out the repairs as requested there would be no breach of the repair covenant and Rake could not take forfeiture action for this breach[38]. Unfortunately the action by Ace of subletting without the consent of Rake could be seen as a breach of the covenant if the business run by Simon is separate from Aceà ¢Ã¢â€š ¬Ã¢â€ž ¢s business[39]. This would allow Rake to take forfeiture action for the breach of the subletting covenant and to force Simon to surrender his share of the property as it had been sublet in breach of the covenant[40]. The effect of this would be to bring the term of the lease to a premature end. It has already been stated in the scenario above that a condition was inserted into the leasing agreement that any breach of the covenant would entitle the covenantor to take forfeiture action[41]. Under s 146 of the Law of Property Act 1925 it is possible in some circumstances for the breach to be remedied. If the breach was due to the repair work only and Ace had not sublet to Simon then the breach could be rectified by Ace carrying out the necessary repairs. As the breach was due to the subletting as well the only way in which this could be rectified would be for Ace to terminate the agreement with Simon and resume possession of the property. The subletting of part of the property to Simon could be viewed as a licence as opposed to a lease as Simon does not have full rights of ownership as he would have if a lease had been created[42]. The distinction between a lease and a licence is easier to determine in a residential setting. In a commercial agreement the distinction is made by examining where the control of the premises lies[43]. The effect of this being viewed as a licence would mean that Simon would be able to claim proprietary estoppel if Ace attempted to revoke the licen ce[44]. Part B My research strategy involved looking at the types of covenants that can be made then analysing from the problem above whether the burden and the benefit of the covenants was able to transfer between the various parties. I looked at the situation from the perspective of if the contract had been created before the 1995 Act and compared it with the changes that have been introduced by the 1995 Act. This was done to show that when advising a client as to whether a covenant is binding on an original covenantor and covenantee it is essential to know when the lease was created. I then looked at privity of contract and estate as the rights over the enforcement of the covenant can be directly affected if there is privity only privity of estate. I considered this both from a pre 1995 standpoint and a post 1995 standpoint. I then addressed the issue of licence or lease as the difference between the 2 affects the position as to the binding nature of covenants. To bac k up my argument I supported as many points possible by case law and legislation. My main source of electronic research was Westlaw for cases to support my argument and www.opsi.gov.uk for relevant legislation. I also used electronic search engines to get up to date information on any recent changes surrounding the law on covenants. A useful site that looked at a situation very similar to the one outlined above was https://www.propertylawuk.net/ltssublettingandsharingoccupation. html. This particular site highlighted several similar cases some of which have been cited in the report above. Bibliography Bryn Perrins, Understanding Land Law, 3rd Ed, 200, Cavendish Publishing Ltd Garvells, N P, Land Law Text and Materials, 2nd Ed, 1999, Sweet and Maxwell Thomas, M, Statutes on Property Law, 8th Ed. 2001, Blackstoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Transfer of land: The Law of Positive and Restrictive Covenants (1984) Law Commission No 127 Law Commission Report No 238, Landlord and T enant: Responsibility for State and Condition of Property (1996) https://www.landregistry.gov.uk https://www.propertylawuk.net www.opsi.gov.uk Table of Cases Addiscombe Garden Estates Ltd. v Crabbe [1958] 1 Q.B. 513 Allied London Investments Ltd v Hambro Life Assurance Ltd (1985) 50 P CR 207 Amsprop Trading Ltd v Harris Distribution Ltd [1997] 1 W.L.R. 1025 [1997] 2 All E.R. 990 [1997] 2 E.G.L.R. 78 [1997] 47 E.G. 127 [1996] N.P.C. 154 Times, November 13, 1996 Avonridge Property Co Ltd v Mashru [2005] UKHL 70 [2005] 1 W.L.R. 3956 [2006] 1 All E.R. 127 [2006] 1 P. C.R. 25 [2006] L. T.R. 4 [2006] 1 E.G.L.R. 15 [2006] 01 E.G. 100 [2005] 49 E.G.C.S. 88 (2006) 103(1) L.S.G. 16 (2006) 150 S.J.L.B. 28 [2005] N.P.C. 138 Times, December 5, 2005 Baker v Merckel [1960] 1 QB 657 Beegas Nominees Ltd v BHP Petroleum Ltd [1997] C.L.Y. 3093 1997 Clinton Cards (Essex) Ltd v Sun Alliance London Assurance Co Ltd [2002] EWHC 1576 [2003] L. T.R. 2 [2002] 3 E.G.L.R. 19 [2002] 29 E.G.C.S. 150 Congleton Corporation v Pattison (1808) 10 East 130 Crestfort Limited v Tesco Stores Limited [2005] EWHC 805 (Ch); [2005] 37 EG 148. Dellneed Ltd v Chin [1987] 1 E.G.L.R. 75 Edlington Properties Ltd v JH Fenner Co Ltd [2005] EWHC 2158 [2006] 1 All E.R. 98 Hall v Ewin (1888) 37 Ch.D. 74; Tulk v Moxhay (1848) 2 Ph 774 Harris v Williams-Wynne [2005] EWHC 151 Haskell v Marlow [1928] 2 KB 45 Homebase Ltd v Allied Dunbar Assurance plc [2002] EWCA Civ 666; [2002] LTR 27; [2002] 27 EG 144; [2003] 1 PCR 6 International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd [1986] Ch 513 Janet Reger International Ltd v Tiree Ltd [2006] EWHC 1743 [2006] 30 E.G.C.S. 102 Latimer v Carney [2006] EWCA Civ 1417 [2006] 45 E.G.C.S. 191 (2006) 103(44) L.S.G. 31 [2006] N.P.C. 117 Legal General Assurance Society Ltd v Expeditors International (UK) Ltd [2006] EWHC 1008 Lynnthorpe Enterprises Ltd v Sidney Smith (Chelsea) Ltd [1990] 08 E.G. 93 [1989] E.G.C.S. 63 Mahon v Sims [2005] 3 E.G.L.R. 67 [2005] 39 E.G. 138 Times, June 16, 2005 MEPC Plc v Scottish Amicable Life Assurance Society [1996] B.P.I.R. 447 Oceanic Village Ltd v United Attractions Ltd [2000] Ch 234 Pacific Wash-a-Matic v RO Booth Holdings [1978] 5 W.W.R. 525 Plimmer v Wellington Corporation (1884) 9 App. Cas. 699 (MB(L) 589; G 641) PW Co v Milton Gate Investments Ltd [2003] EWHC 1994 R v Tottenham and District Rent Tribunal Ex p. Northfield (Highgate) [1957] 1 Q.B. 103 [1956] 3 W.L.R. 462 [1956] 2 All E.R. 863 (1956) 120 J.P. 472 54 L.G.R. 421 (1956) 100 S.J. 552 R A Securities Ltd v Mercantile Credit Co Ltd [1995] 3 All ER 581 Regis Property Co Ltd v Dudley [1959] AC 370 Scottish Newcastle Plc v Raguz (No.2) [2004] EWHC 1835 Shell-Mex B.P. Ltd. v Manchester Garages Ltd. [1971] 1 W.L.R. 612 Smith v Spaul [2002] EWCA Civ 1830 [2003] Q.B. 983 [2003] 2 W.L.R. 495 [2003] 1 All E.R. 509 [2003] H.L.R. 38 [2003] 2 P. C.R. 21 [2003] L. T.R. 17 [2003] 1 E.G.L.R. 70 [2003] 17 E.G. 148 [2003] 3 E.G.C.S. 125 (2003) 100(9) L.S.G. 28 (2003) 147 S.J.L.B. 27 [2002] N.P.C. 164 [2003] 1 P. C.R. DG19 Times, December 28, 2002 Spencers Case (1585) 5 Co.Rep. 16a; 77 E.R. 72 (MB(L) 503) Street v Mountford [1985] A.C. 809 (MB(L) 417; G 386) Thames Manufacturing Co Ltd v Perrots (Nichol Peyton) Ltd (1984) 50 P CR 1 Unity Joint Stock Banking Association v King (1858) 25 Beav. 72; 53 E.R..563 Vision Golf Ltd v Weightmans [2006] EWHC 1766 Wadsworth v Nagle [2005] EWHC 26 Walkers Case (1587) 3 Co.Rep. 22a; 67 E.R. 676 Warnford Investments Ltd v Duckworth [1979] Ch 127 Waycourt Ltd v Viscount Chelsea [2006] EWCA Civ 511 Westbury Estates Ltd v Royal Bank of Scotland Plc 2006 S.L.T. 1143 2006 G.W.D. 38-757 Table of Statutes Landlord and Tenant (Covenants) Act 1995 Landlord and Tenant Act 1927 Landlord and Tenant Act 1985 Landlord and Tenant Act 1988 Law of Prop erty Act 1925 Law of Property Act 1926 1 Footnotes [1] Harris v Williams-Wynne [2005] EWHC 151 [2] Mahon v Sims [2005] 3 E.G.L.R. 67 [2005] 39 E.G. 138 Times, June 16, 2005 [3] Clinton Cards (Essex) Ltd v Sun Alliance London Assurance Co Ltd [2002] EWHC 1576 [2003] L. T.R. 2 [2002] 3 E.G.L.R. 19 [2002] 29 E.G.C.S. 150 [4] Mahon v Sims [2005] 3 E.G.L.R. 67 [2005] 39 E.G. 138 Times, June 16, 2005 [5] Landlord and Tenant Act 1988 s1 [6] International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd [1986] Ch 513 [7] Westbury Estates Ltd v Royal Bank of Scotland Plc 2006 S.L.T. 1143 2006 G.W.D. 38-757; Latimer v Carney [2006] EWCA Civ 1417 [2006] 45 E.G.C.S. 191 (2006) 103(44) L.S.G. 31 [2006] N.P.C. 117 [8] Janet Reger International Ltd v Tiree Ltd [2006] EWHC 1743 [2006] 30 E.G.C.S. 102 [9] Landlord and Tenant Act 1985 s11 [10] Wadsworth v Nagle [2005] EWHC 26 [11] Legal General Assurance Society Ltd v Expeditors International (UK) Ltd [2006] EWHC 1008 [12] Law Commission Report No238, L andlord and Tenant: Responsibility for State and Condition of Property (1996) [13] Haskell v Marlow [1928] 2 KB 45 [14] Regis Property Co Ltd v Dudley [1959] AC 370 [15] Baker v Merckel [1960] 1 QB 657 [16] Warnford Investments Ltd v Duckworth [1979] Ch 127; Walkers Case (1587) 3 Co.Rep. 22a; 67 E.R. 676 [17] Law of Property Act 1926 s79. [18] Thames Manufacturing Co Ltd v Perrots (Nichol Peyton) Ltd (1984) 50 P CR 1; Allied London Investments Ltd v Hambro Life Assurance Ltd (1985) 50 P CR 207 [19] Scottish Newcastle Plc v Raguz (No.2) [2004] EWHC 1835 [20] Scottish Newcastle Plc v Raguz (No.3) [2006] EWHC 821 [2006] 4 All E.R. 524 [21] R A Securities Ltd v Mercantile Credit Co Ltd [1995] 3 All ER 581 [22] Avonridge Property Co Ltd v Mashru [2005] UKHL 70 [2005] 1 W.L.R. 3956 [2006] 1 All E.R. 127 [2006] 1 P. C.R. 25 [2006] L. T.R. 4 [2006] 1 E.G.L.R. 15 [2006] 01 E.G. 100 [2005] 49 E.G.C.S. 88 (2006) 103(1) L.S.G. 16 (2006) 150 S.J.L.B. 28 [2005 ] N.P.C. 138 Times, December 5, 2005 [23] Edlington Properties Ltd v JH Fenner Co Ltd [2005] EWHC 2158 [2006] 1 All E.R. 98 [24] Oceanic Village Ltd v United Attractions Ltd [2000] Ch 234 [25] Landlord and Tenant (Covenants) Act 1995 s3 (6) (a) [26] MEPC Plc v Scottish Amicable Life Assurance Society [1996] B.P.I.R. 447 [27] R v Tottenham and District Rent Tribunal Ex p. Northfield (Highgate) [1957] 1 Q.B. 103 [1956] 3 W.L.R. 462 [1956] 2 All E.R. 863 (1956) 120 J.P. 472 54 L.G.R. 421 (1956) 100 S.J. 552 [28] Pacific Wash-a-Matic v RO Booth Holdings [1978] 5 W.W.R. 525 [29] Lynnthorpe Enterprises Ltd v Sidney Smith (Chelsea) Ltd [1990] 08 E.G. 93 [1989] E.G.C.S. 63 [30] Spencers Case (1585) 5 Co.Rep. 16a; 77 E.R. 72 (MB(L) 503) [31] (1585) 5 Co.Rep. 16a; 77 E.R. 72 (MB(L) 503) [32] Congleton Corporation v Pattison (1808) 10 East 130 [33] Beegas Nominees Ltd v BHP Petroleum Ltd [1997] C.L.Y. 3093 1997 [34] Smith v Spaul [2002] EWCA Civ 1830 [2003] Q.B. 983 [2003] 2 W.L.R. 495 [2003] 1 All E.R. 509 [2003] H.L.R. 38 [2003] 2 P. C.R. 21 [2003] L. T.R. 17 [2003] 1 E.G.L.R. 70 [2003] 17 E.G. 148 [2003] 3 E.G.C.S. 125 (2003) 100(9) L.S.G. 28 (2003) 147 S.J.L.B. 27 [2002] N.P.C. 164 [2003] 1 P. C.R. DG19 Times, December 28, 2002 [35] PW Co v Milton Gate Investments Ltd [2003] EWHC 1994; Amsprop Trading Ltd v Harris Distribution Ltd [1997] 1 W.L.R. 1025 [1997] 2 All E.R. 990 [1997] 2 E.G.L.R. 78 [1997] 47 E.G. 127 [1996] N.P.C. 154 Times, November 13, 1996 [36] Hall v Ewin (1888) 37 Ch.D. 74; Tulk v Moxhay (1848) 2 Ph 774 [37] Crestfort Limited v Tesco Stores Limited [2005] EWHC 805 (Ch); [2005] 37 EG 148. [38] Waycourt Ltd v Viscount Chelsea [2006] EWCA Civ 511 [39] Crestfort Limited v Tesco Stores Limited [2005] EWHC 805 (Ch); [2005] 37 EG 148. [40] Homebase Ltd v Allied Dunbar Assurance plc [2002] EWCA Civ 666; [2002] LTR 27; [2002] 27 EG 144; [2003] 1 PCR 6 [41] Vision Golf Ltd v Weightmans [2006] EWHC 1 766 [42] Street v Mountford [1985] A.C. 809 (MB(L) 417; G 386) [43] Shell-Mex B.P. Ltd. v Manchester Garages Ltd. [1971] 1 W.L.R. 612; Addiscombe Garden Estates Ltd. v Crabbe [1958] 1 Q.B. 513; Dellneed Ltd v Chin [1987] 1 E.G.L.R. 75 [44] Unity Joint Stock Banking Association v King (1858) 25 Beav. 72; 53 E.R..563; Plimmer v Wellington Corporation (1884) 9 App. Cas. 699 (MB(L) 589; G 641)

Definition And Meaning Of The Term Indigenous - 2137 Words

Defining the term Indigenous is a process that while well-received and widely produced, is somewhat problematic as there are many variations, and even some suggestion that a relatively static definition does nothing to honor neither the meaning of the term nor the communities of peoples it represents. Understanding the variations in form and meaning are important to recognizing how the term is used in relationship to the user and the context in which it is produced. Indeed, misunderstanding and misuse are part of the de-conflating process of decolonizing language, and sometimes discernment before definition is required. Because of the objectification of Indigenous peoples, and the displacement of their relationship with their lands,†¦show more content†¦Hence, to have a concept of indigenous as being defined by its localness (Tsui, 2004) is too simplistic, as indigenous knowledge and indigenous people are always such within a power relationship in a globalized world, and one defined by its colonial history. Hence those who wish to steer clear of such a global relationship may be better to use the term ‘endogenous’.† (Jackson, 2012) This problematizing that is required to unpack the layers of history and mystery that have been a consequence of the confounding nature of colonialism is a process that is productive and needs to continue; the same scholar concludes, â€Å"Anything regarded as ‘indigenous’ cannot be considered frozen in time, although often it is. ‘Indigenous’ knowledge is not an artefact to be preserved (Briggs and Sharp, 2004), nor one that can easily be packaged for Western consumption (Briggs, 2005). Rather it is part of a dynamic within a cultural interface that constantly produces new knowledge and social forms albeit through geopolitical power dynamics that have a profound effect on this production.† (Jackson, 2012) What Jackson does not concede however, is that in the same way t hat he describes ‘Indigenous† as a â€Å"dynamic within a cultural interface†, endogenousness is also part of that dynamic - it is part of Indigenous interconnectedness as internalized colonialism is one of the most pervasive and deepest

Global Issues in Strategic Management Free Essays

What is strategic management? Global Strategy is just one part of the larger subject of Strategic Management. Typically in many strategic management textbooks, International and Global Strategy appears as one of the chapter alongside many others – for example, it’s chapter 19 in my book. Take the Blackberry RIM range of mobile phones. We will write a custom essay sample on Global Issues in Strategic Management or any similar topic only for you Order Now This Canadian company has been very successful, so far, in terms of its international and global strategy. But it began by using the basic principles of strategic management – customer focus on the business customer, competitive advantage through its focus on the easy email access, resource-based analysis based on its patented technology – rather than anything specific to global strategy. But then Blackberry RIM added a global strategy – for example, its co-operation with the Reliance mobile network in India shown right – to add to the basic strategy. What this means is that many of the basic principles of Strategic Management – customer focus, competitive advantage, resource-based analysis, etc. are also fundamental to the development of International and Global Strategy. The purpose of this section of the website is therefore to offer a brief summary of some of the main elements. Clearly, it is not possible to cover all the material set out in an 800-page text. Here, we highlight some key areas and principles. First, we summarise the two main strategic processes – prescriptive and emergent – and mention some of the background theories that underpin them. Second, we present video summaries of some selected chapters from my book StrategicManagement 5th Edition which explore the main areas in more depth. You may like to know that the four previous editions of the book were called Corporate Strategy: we changed the title for the fifth edition to reflect changes in strategy thinking since the publication of the first edition in 1997. Background to strategic management development In reality, strategic management is a relatively young subject. It has its roots in the economic and social theories of the 1930s and 1940s – perhaps even earlier. But it only really began to emerge as a separate topic in the 1960s and 1970s. Even today, there is only partial agreeement on the fundamental principles of strategic management with many views, ideas and concepts. This makes the topic interesting and challenging. But it also means that there is no fully accepted body of knowledge unlike, for example, mechanical engineering or organic chemistry. According to one recent authoritive survey amongst academic strategists (Nag et al,Strategic Management Journal, 2007, Vol 28, pages 935-955), there are two main streams of thought related to strategic process: prescriptive (or intended) strategic processes and emergent strategic processes. The authors produced the following definition from their survey over the period 1983-2004: ‘The field of strategic management deals with the major intended and emergent initiatives taken by general managers on behalf of owners, involving utilization of resources, to enhance the performance of firms in their external environments. ‘ How to cite Global Issues in Strategic Management, Essay examples

Change Management for Concepts - Norms and Practices- myassignmenthelp

Question: Discuss about theChange Management for Concepts, Norms and Practices. Answer: Change management is the process of transitioning of staff in an organization to move from one state to another state. The next state is usually the desired state of the team. For an organization to meet its set goals and achieve its objectives it has to go through the process of change management. Organization change can be within a department, companywide or the people who are involved. Change management tool used by Apache include project plan and culture mapping. Every organization has its way of operation. It implies that every team has its unique way of establishing concepts, norms, and practices. Most of the paradigms, that majority of the organization have adopted. Comprises an employee to be rewarded it should be based on the good performance of the employee or decision made by senior management should never be questioned.one should be fully aware of the organizational culture they are managing to ensure their practice are always appropriate. Apache was mindful of the Transfer to undertaking (Protection of Employment) legislation provides a legally binding guarantee that employee' contractual terms and conditions remain intact when they move to a new employer during a change in ownership(Czerniawska May 2004).It was a requirement by the new employers to uphold employment terms comprising of remuneration strenuously allowance, leave entitlements, merger recognition, and epochs. Apache used project plan as another tool for change management. Devising a vibrant project plan is essential to allow any business keep track. This acts as a guide for business to know its flexibility and boundaries that it should not cross. Times change management will entail specific workforce working in numerous department to adopt new changes immediately. It is the role of the Human Resource to device a strategy on how the changes proposed will be implemented with minimum resistance. Apache while it was trying to locate a complicated industrial process in the North Sea, it faced a lot of challenges such as technical problems. Upon assessing its challenges and project plan, it had to absorb Forties oilfield. Merits for the change management tool. Project plan tool of management presented an opportunity alongside additional responsibility. The acquisition of the forties offered a lot of opportunities to Apache such as cost reduction. There could be exploitation of company expertise to squeeze long-term value from Forties devoid of compromisation of peoples compensation and safety of people involved .culture mapping management tool presents an opportunity of less resistance within the workforce in the organization. When the workforce is willing to accept change in the management, this helps the organization in reduction of recruiting and training cost. Upon understanding the culture of the team and do change implementation, the group will stay ahead in the competition hence product will in return yield higher profits. Culture will enable the management know which method to adapt to implement change that will make employees embrace change gladly and move forward. The change manager should ensure that the employees stay motivated and product during the new change period. The organization should assess the productivity before and after implementation of new change to a certain if the change management process has been successful or not. References Czerniawska, F., May, P. (2004). Management Consulting in Practice. London: Kogan Page. Employee Roles In Initiating Successful Change Management | Prosci. (2017). Prosci.com. Retrieved 19 October 2017, from https://www.prosci.com/change-management/thought-leadership-library/roles-in-change-management (2017).Mindtools.com.Retrieved19October2017,fromhttps://www.mindtools.com/pages/club/BookInsights.htm Todnem, R. (2005). Organisational change management. A Critical Review. Journal Of Change Management, 5(4), 369-380.