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A business can be defined as an organization that provides goods and services to others who want or need them. A business (also called a company, enterprise or firm) is a legally recognized organization designed to provide goods and/or services to consumers. Business environment is a set of Political, Economic, Social, Technological and Legal forces that are largely outside the control and influence of a business and that can potentially have both a positive and a negative impact on the business. Layers of the business environment Macro-environment – PESTEL (1) Macroenvironment – PESTEL (2) Political • Government stability • Taxation policy • Foreign trade regulations • Social welfare policies Economic • • • • • • • Business cycles GNP trends Interest rates Money supply Inflation Unemployment Disposable income The external environment contains numerous resources upon which the organisations rely. Organisations are inevitably affected by what goes on in the environment. Opportunities and threats exist in the environment; opportunities refer to favorable conditions in the environment that could produce rewards for the organization if acted upon properly. Threats refer to conditions or barriers that may prevent the firms from reaching its objectives. This involves factors outside of the direct control of the business. These macro-factors such as the economy, government policy and social change can have a significant effect on a firm's success. Rapid changes taking place in the external environment, requires increasing attention from the managers. These refer to government policy such as the degree of intervention in the economy. Like: What goods and services does a government want to provide? To what extent does it believe in subsidizing firms? What are its priorities in terms of business support? Political decisions can have an impact on many vital areas for business such as the education of the workforce, the health of the nation and the quality of the infrastructure of the economy such as the road and rail system. These include interest rates, taxation changes, economic growth, inflation and exchange rates. For example: higher interest rates may deter investment because it costs more to borrow a strong currency may make exporting more difficult because it may raise the price in terms of foreign currency inflation may provoke higher wage demands from employees and raise costs higher national income growth may boost demand for a firm's products. Changes in social trends can impact on the demand for a firm's products and the availability and willingness of individuals to work. There are basically three types of social factors: Demographic (size, structure & distribution of population), social and lifestyle. New technologies create new products and new processes. MP3 players, computer games and high definition TVs are all new markets created by technological advances. Online shopping, bar coding and computer aided design are all improvements to the way we do business as a result of better technology. Technology can reduce costs, improve quality and lead to innovation. These developments can benefit consumers as well as the organizations providing the products. Environmental factors include the weather and climate change. With major climate changes occurring due to global warming and with greater environmental awareness; the growing desire to protect the environment is having an impact on many industries such as the travel and transportation industries (for example, more taxes being placed on air travel and the success of hybrid cars) The general move towards more environmentally friendly products and processes is affecting demand patterns and creating business opportunities. These are related to the legal environment in which firms operate. Legal Framework ensures compliance to rules & regulations A firm must operate within the LAW. Knowing legal environment helps businesses identify Opportunities and Threats. Firms must be aware of changes in legal environment to do business effectively Legal changes can affect a firm's costs (e.g. if new systems and procedures have to be developed) and demand (e.g. if the law affects the likelihood of customers buying the good or using the service). Macroenvironment – PESTEL (3) Sociocultural Technological • Population demographics • Income distribution • Social mobility • Lifestyle changes • Attitudes to work and leisure • Consumerism • Levels of education • Government spending on research • Government and industry focus on technological effort • New discoveries /developments • Speed of technology transfer • Rates of obsolescence Macroenvironment – PESTEL (4) Environmental • Environmental protection laws • Waste disposal • Energy consumption Legal • • • • Competition law Employment law Health and safety Product safety In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. Functions: Legislature : Makes the Law Executive : Enforces the Law Judiciary : Interprets the law / Resolves disputes An officially elected or otherwise selected body of people vested with the responsibility and power to make laws for a political unit, such as a state or nation. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are also vital. The judiciary system is the system of courts that interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes. This branch of government is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "supreme court" or "constitutional court"), together with lower courts. The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench"), as well as the staffs who keep the system running smoothly. The executive branch of government is that part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The separation of powers system is designed to distribute authority away from the executive branch. The executive officer is not supposed to make laws, or interpret them. The role of the executive is to enforce the law as written by the legislature and interpreted by the judicial system. The organizational structure of the executive branch will determine the relationship between the heads of state and government respectively. Aristotle (greek philiospher) defined law as “The reason unaffected by desire” and that “ The law is a form of order, and good law means good order. Law is simple rules governing individuals and their relationships in a society. Law is the body of principles recognised and applied by the State in the administration of justice (Salmond) Law is rules of civil conduct prescribed by the supreme power of state commanding what is right and prohibiting what is wrong (Blackstone) Law is a system of social rules usually enforced through a set of structured institutions 29 Law is a command of the sovereign (Austin) Law: characteristics: It is a system of rights and duties/obligations: these rights and obligations are inter se as members of the society and in relation to the government The force and sanctions of the State are behind such system 30 Law gives us basic freedoms, rights and protection Without a law, or this consistent framework of legal boundaries, our would be a society of chaos and confusion Keeping of order Influencing conduct Honoring Expectations Promoting equality Law as a great compromiser There are 4 types altogether. Constitution: It exist at the state and federal levels. It has two functions. 1. Set up the structure of government for the political unit. 2. To prevent other units of government from taking certain actions or passing certain law. Statutes: laws created by state legislature. It is stated in authoritative form in statute books or codes Uniform acts when enacted by a legislature becomes statutes. For example business corporation act or revised uniform partnership act. Common Law: It is also called Judge made law or case law. They are made and applied by judges as they decide cases not governed by statutes or other type of law It emerged in medieval England. Equity: Equity has traditionally tried to do discretionary(open, flexible) rough justice, but where? Where common law have produced unfair results. Unfair decisions in common law King’s executive officer in England started hearing cases Hence equity courts emerged to listen to all those cases. I. Injunction was provided only by equity courts Injunction means to order a party to do some act or not to perform /forbid an act. 11. Specific performance. Where a party is ordered to perform act in terms of the contract 111.Reformation. Courts rewrites the terms of contract to reflect the party’s real intention. 1V.Recision. A cancellation of a contract in which the parties are returned to their pre-contractual position There are 3 common classification of law This classification involve distinction between 1. Criminal law and civil law 2. Substantive law and procedural law 3. Public law and private law Criminal Law: it is the law under which government prosecutes someone for committing a crime It create duties that are owed to the public as a whole. For example A sues B for hitting his car Civil Law. Mainly concerns obligations that private parties owe to other private parties. It is applied when one party sues another party because the second private party does not fulfill the legal duty owed to first private party. City may sue or be sued by a contractor. Substantive Law. Sets the rights and duties of people as they act in the society. Procedural Law. Controls the behavior of the government bodies(mainly courts). E.g LB corporation has breached its contract to buy 3000 units from JV corporation . Now JV has the SUBSTANTIVE right to expect performance and collect damages for breach by bringing suit. The LAW governing how LB suit is brought and the trial process are procedural law. The SUBJECT Matter and the issues of litigation are the SUBSTANTIVE Law. Public Law: It concerns the power of government and the relation between government and private parties for example constitutional law, criminal law Private Law: it is developed between 2 individuals e.g landlord and tenants.