Land law Essay Essays

Land law Essay Essays Land law Essay Essay Land law Essay Essay Essay Topic: Law Tasnim claims that she has an option to buy the freehold in both cottages for the current market price. She wants to exercise the option now and has produced a document, signed by Romesh and herself, dated 7 April 2006. When Salman spoke to Tasnim prior to his purchase of The Franklins she said nothing about this option. Salman is unhappy at the prospect of selling the cottages. He does not need the money and might well want them for his children when they get older. Advise Salman whether he can be forced to sell the cottages to Tasnim? Covenants in leases created post 1996 are governed by the Landlord and Tenants (covenants) Act 1995, the principal changes introduced by the Act relate to the continuing liability of the landlord and the tenant through covenants, which will run with the lease. While the Act operates to release the tenant of liability under the covenants in the lease after it has been assigned, it does not work in the same way insofar as the landlord is concerned upon an assignment of the reversion. He will remain liable for the covenants unless he is released from them.1 From this we can deduce that the obligations of the old landlord transfer to the new landlord after he has purchased the land. S2 (1) states that the Act applies to a landlord covenant or a tenant covenant of a tenancy, and whether the covenant is express, implied or imposed by law.2 From this we can see that it is likely that the agreement between Tasnim and Romesh giving her an option to buy the freehold may suffice in being a covenant. Section 6 of the Act allows landlords to be released from the covenants of the previous landlord. To obtain a release, he must within 4 weeks of the assignment, serve a notice on the tenant informing him of the assignment and seeking a release form the covenants. If the tenant does not respond within 4 weeks of the service of the notice, the landlord will be released from the covenants.3 If Salman had exercised this option when he purchased the land then he would not be in his current predicament. The tenant can refuse to release the landlord from the covenants; however in this case the matter can be referred to the Courts to determine if such a refusal is reasonable. It is likely that if this had happened that the Courts would have found in Salmans favour and said that it would not be reasonable for him to be bound by the covenant to sell the freehold at its market value to Tasnim. If however the covenant between Romesh and Tasnim was expressed to be personal one then the burden of these covenants will not pass onto Salman. S3 (3) states that the new landlord will not be bound by a covenant, which was personal to the previous landlord. The issue of how to distinguish whether a covenant was personal or not was tackled in the case of BHP Petroleum Great Britain V Chesterfield Properties Ltd 2002, the question arose whether a landlord was entitled to be relieved of his liability for covenants which were expressed in the lease to be personal obligations of the land lord, in holding that he was not, Jonathan Parker LJ said the crux as we see it is the definition of landlord as being the person for time being entitled to the reversion expectant on the term of the tenancy. We find it impossible to find that definition meaning only the original landlord'4 From the above case we can see that if in the agreement the covenant between Tasnim and Romesh was expressed, as being a personal one then the burden will not pass to Salman. If, however, Romesh made the covenant in his capacity as landlord then the burden will pass to Salman. The above seems very unfair; one may ask the question why a new landlord should be bound by the promises of the previous landlord. However, caveat emptor or buyer beware is a long established principle in English land law. It is the buyers prerogative to ensure that the land he is buying is free of covenants, or at least that he is aware of the covenants that affect the land. It is the duty of the buyers solicitor that he carries out all relevant searches and enquiries to make sure he makes the buyer aware of his rights and his obligations contained in the covenants. If Salmans solicitor failed to look into relevant matters then he can make a claim of negligence against him. It is stated that Tasnim did not tell Salman of the agreement she had with Romesh before he purchased the property. Tasnim was not under a legal obligation to supply Salman with information because she was not a party to the contract. Despite the principle of caveat emptor the seller is obliged to supply the buyer with all the relevant information regarding the land. If it is found that Romesh deliberately hid his covenant with Tasnim from Salman, then he could be guilty of fraudulent misrepresentation under contract law. It seems apparent that Salman can be forced to sell the cottages to Tasnim because covenants made by previous landlords bind subsequent landlords. If he was aware of the covenant he could have been released from it, the method of doing this has been highlighted above. If, however, the covenant was personal i.e. it only applied to Romesh then Salman cannot be forced to sell. If Salman feels that his solicitor was negligent he can bring a claim against him. If he believes that Romesh deliberately mislead him then he can then he can make a claim against him under the principles of contract law. The remedies available to a tenant for a landlords breach of covenant are damages and specific performance amongst others. So the Court can order Salman to sell the cottages to Tasnim, however I fell the most likely outcome is damages if he refuses to sell the cottages to Tasnim, this seems equitable under the circumstances. Our case can also be seen as overriding interest where Salman brought a legal Estate in Land which has Registered Title, he will not be bound by any third-party interests in that land, unless they are noted on the register, or are deemed to be overriding. Some interests are overriding because it would be unreasonable to expect their owners to register them, particularly where they are obvious. Others were made overriding to relieve the administrative burden on the Land Registry, which is a less creditable reason in these days of computerisation. Under the Land Registration Act (1925) the list of accepted overriding interests was defined in s.70 (1). This provision has now been repealed, and replaced with Schedules 1 and 3 of the Land Registration Act 2002. Schedule 1 applies to interests that are overriding when the land is registered for the first time, while schedule 3 applies when the land is subsequently sold. Overriding interests in Sch. 3 are narrower in scope than those in Sch . 1, and both are narrower in scope than the 1925 legislation. In our case Tasnim is in Actual occupation where a person is in actual occupation of land that she does not own serves to make her rights stronger against a person to whom the owner wishes to sell the land. Her occupation does not, in itself create rights where none existed before, it merely makes whatever rights she has overriding, that is, enforceable against the new owner, even if they are not registered. This article compares the actual occupation rights under the Land Registration Act 1925 with those under the LRA2002. Section.70(1)(g) of the 1925 Act states that the interests of persons in actual occupation of land, or in receipt of the rents or profits thereof, are overriding, unless enquiries are made of the right-holder, and the rights are not disclosed5. That is, these interests are capable of being enforced whether or not they are noted on the Register. The 1925 Act does not distinguish between interests that are capable of overriding first registration of the land, and those that override subsequent registered dispositions. As a result, it must be assumed that s.70 (1)(g) rights are enforceable, to the extent that they enforceable at all, against the first registered owner of an estate in land, as well as later owners which would be Salman in our case. If Tasnim seeks to rely on paragraph (g) she must show not only that the interest she claims is within its scope, but that she is in `actual occupation or `in receipt of rents or profits of the cottages for the purposes of that paragraph. She will lose the overriding status of his interests if she fails to disclose those interests when requested by a purchaser, but is otherwise under no obligation to make disclosure6. Where we can see in our case she has lost the status of overriding interest as she did not mentioned to Salman before he purchased the Franklins, she also had the time to tell him when he spoke to her directly before making the purchase person can lose his rights under paragraph (g) if he fails to disclose his rights when inquiries are made7. This is ruling was developed from the case of Hunt v Luck. The LRA 2002 provides that the person claiming an interest should have a right in the land. A right in the sense of a legal right and also has actual occupation8. It is already established that Tasnim has a legal right and actual occupation but however Tasnims claim could fail instantly according to LRA 2002 schedule 3 (2)(b) which states that a persons interest will not be enforceable if enquiry of that person was made before disposition and that person failed to disclose the right when he could reasonably be expected to have done so. If she had told Salman about her option to buy before he purchased the estate it would have then been enforceable as an overriding interest where she has actual occupation. In Ferrishurst v Wallcite 1998 the Court of Appeal decided that the capacity in which a person occupied land was distinct from the rights he held in that land. In that case, the tenant of an office building had an option to purchase his landlords title to the office, and also to an adjacent garage. The Court decided that the option was enforceable against the purchaser of the garage, even though the claimant had never physically occupied it. As of the ruling in Hunt v Luck and statutory implementation I feel Tasnim cannot use her overriding interest by actual occupation of the cottages to buy them as she did not make her option to buy known to Salman the new owner of the estate.

Schedule Hundreds of Social Messages With Bulk Social Upload

Schedule Hundreds of Social Messages With Bulk Social Upload Your marketing team produces hundreds  of social messages every month. (Which is AWESOME). But the process of manually uploadingpreviewingeditingAND scheduling hundreds of social messages Across 5 different social networks†¦ Using multiple social profiles†¦. Eats up HOURS of your team’s already-limited time. (Which is not-so-awesome). But what if you could bring that process down from hours†¦ to just a few minutes? 😠 Where you could quickly upload hundreds of social messages (with just a couple clicks)†¦ Easily preview and edit every  message†¦ (add finishing touches like images, links, and social profiles) AND then schedule those messages to send at the best time for your audience. Interested?! Introducing Bulk Social Upload from ! AKA the *new* way to upload, finalize, and schedule hundreds of social messagesin a matter of minutes. With Bulk Social Upload, you can: Quickly upload HUNDREDS of social messages to your calendar.  The days of spending hours manually uploading a month’s worth of social messages are officially over.  With Bulk Social Upload, you can upload up to 365 social messages to a new OR existing social campaign with just a couple clicks. Easily preview, edit AND schedule every social message.  Just because you upload messages in bulk, doesn’t mean you care any less about giving each message the attention it deserves. With Bulk Social Upload, you can easily preview and edit every message, and schedule it to send at the best time for your audience. And when Bulk Social Upload makes it this easy to get a month’s (!!!) worth of messages on your calendar†¦ You’re gonna wonder how you ever  lived without it. Let’s get into the deets! Schedule Hundreds of Social Messages With Bulk Social Upload In @Quickly Upload HUNDREDS Of Social Messages To Your Calendar Having to manually copy and paste†¦ Hundreds of social messages†¦ EVERY MONTH†¦ Well, it’s not fun. And it’s a total drain on your very  precious time. Luckily, thanks to Bulk Social Upload from The days of spending hours manually uploading a month’s worth of social messages are officially over. 🎉 With Bulk Social Upload, you can quickly upload up to 365 social messages to a new OR existing social campaign with just a couple clicks. With Bulk Social Upload in @, you can quickly upload up to 365 social messages to a newHeres a quick video for those visual learners out there: Not a visual learner? Keep readin to get the exact how-tos.🠤“ How To Upload Messages To A *New* Campaign Step 1:  Find the day you would like to start your new campaign, and hit the â€Å"+† sign in upper right hand corner of that date (or go straight for the large â€Å"+† sign in the upper right hand corner of the overall calendar view if you’re not sure of the start date at this point). Step 2: Select the â€Å"Upload† button in the upper right hand corner of the pop-up. Step 3:  Choose â€Å"Social Messages† as the type of content you would like to upload. Step 4:  Download the CSV template. Step 5:  Add your messages to the template! (Pro Tip: Double check that the columns in the spreadsheet have the correct info before you upload it in the next couple steps!) Step 6: Once you’ve got your messages ready to go, continue the upload process in and select â€Å"Create new social campaign† Step 7:  Give your new social campaign a name. Step 8:  Find and upload your completed CSV file to . Step 9: Once your messages are uploaded, select at least one social profile. (Pro Tip: You can choose as many as you’d like or just onewe just need to assign the messages to at least one profile for the upload to be successful). Step 10: Let it processand once it does, you’re ready to start previewing, editing, and scheduling your messages! But we’ll get to that part of the process in the next section. 😊 Before we jump ahead†¦ Let’s do a quick how-to if you want to upload messages to an  existing  social campaign! How To Upload Messages To An Existing Campaign Step 1:  Find the large â€Å"+† sign in the upper right hand corner of the overall calendar view. Step 2: Select the â€Å"Upload† button in the upper right hand corner of the pop-up. Step 3:  Choose â€Å"Social Messages† as the type of content you would like to upload. Step 4:  Download the CSV template. Step 5:  Add your messages to the template! (Pro Tip: Double check that the columns in the spreadsheet have the correct info before you upload it in the next couple steps!) Step 6: Once you’ve got your messages ready to go, continue the upload process in and click on â€Å"Select existing campaign† Step 7:  Find and select an existing social campaign. Step 8:  Find and upload your completed CSV file to . Step 9: Once your messages are uploaded, select at least one social profile. (Pro Tip: You can choose as many as you’d like or just onewe just need to assign the messages to at least one profile for the upload to be successful). Step 10: Let it processand once it does, you’re ready to start previewing, editing, and scheduling your messages! Speaking of which†¦ Head to the next section to learn how you can preview, edit, AND schedule every  social message in your campaign.

Do we live in a death denying culture Essay Example | Topics and Well Written Essays - 2250 words

Do we live in a death denying culture - Essay Example Death is something that is natural and nobody can stop it. When the time comes all of us have to go and the sooner we accept this fact, the more at ease we will be. We do not teach our children about death and it is something that the children learn themselves, when they experience a death of a loved one or through their experience of the world. We can say that we live in a death denying culture. There may be a few exceptions where people accept death and greet it with open arms when it comes otherwise majority of the people are scared of it; the problems, the diseases and the plagues that it brings with it. The concept of death has changed with time. During the Middle Ages people accepted death more easily and with tranquility. It was considered shameful to die suddenly; the concept of tame death was common among these times. People wanted to prepare for their deaths and for this they needed time, thus the tame death was what everybody wanted for themselves. Also, friends and family would gather around to offer their support and prayers. At this time people believed that the person entered sleep-like state to peacefully await salvation. It was believed that the dead person slept tranquilly during this period in a garden of flowers (Moller, 1996). Cemeteries were built far away from towns and cities as people were scared in the presence of the dead. The cemeteries slowly moved into the Churchyard as towns spread, but only the people who the Church recognized as virtuous or holy could be buried there. One very interesting fact was that to make space for the dead, the old graves were dug up and the bones were removed. As more time went by, the cemeteries became an attraction to the people; more people met up there and started living around the area. This was because the population started to grow and there was not enough space for housing. People started to be less scared of death and could be around it for a longer period of time. Many theories and patterns of death evolved; tame death being the first. The second patter was that of the death of self. An individual's acts, during this time, were categorized as good or bad and people had the ability to choose which path they will follow. The participation of the devil and the angel were brought into consideration and the records that they kept were evaluated when a person died. Based on there records, an individual was either sent to heaven or hell. In the fifteenth century, the concept of the day of final judgment emerges. "The salvation of a person's soul was now to be determined by the act of death rather than the acts of life. Dying a good death became the key to salvation." (Moller, 1996) According to this concept, a good death was when a person died while praying and if during the dying process if the dying person was tempted by the devil his death was to be damned. The main different between the two concepts then becomes the difference between universal salvation and individual judgment. During the sixteenth century, the plague happened and people realized that death could come at any time without them knowing it. Thus, at this time it became more important to do whatever a person had set out to achieve in life, so that when death does actually knock on the person's door, he has no regrets. This led people to develop calmness

What are the main features of a bipolar world Illustrate your answer Essay

What are the main features of a bipolar world Illustrate your answer with examples - Essay Example The bipolarity as explained above was a period in which US, her allies, the USSR, and her allies held extreme views in all manner of sense; from political to economic issues. The period was also characterized with suspicion and propaganda, the suspicion that USSR or United States were in the process of developing weapons of mass destruction. It must be noted that there were no formal confirmation of this allegation rather a state of being insecure given that both USSR and the US emerged as the World super power and had Veto powers in the UN council (Hunt, 147). It can be believed that the war bipolarity was necessitated by the fact that both USSR and US emerged as super powers and were posing significant threat to each other, the only way they could deal with the situation was holding contrary view. It accentuates our belief that way because in any event, the two countries were in the same front all along from 1914-45. Even though in the bipolar world there were no direct military confrontations, most of the historian have alluded that it can be termed as the world war III. This is because the two opposing groups, USSR, and U.S were involved in indirect wars by supporting their proxies with military and economic aids. The situations were glaring in the cases of Korean and the Vietnam. The Cuban missile crisis was also a manifestation of the proxy involvement of the two antagonistic sides in 1962. Some of the factors that led to the bipolarity were; The Soviet were in a mad rush to spread communism ideology in the world as a matter of having no option to even the minority countries, this was against the American position that was hinged more on democracy. The American acquisition of the all-lethal atomic bomb made USSR restless considering that they were also super powers. In as much as the two countries emerged super powers in the concluded world wars, they had

Jury Nullification Paper Essay Example for Free

Jury Nullification Paper Essay In this paper I am going to explain whether ethnicity influences courtroom proceedings and judicial practices, and give some examples of ethnicity-based jury nullification, a sanctioned doctrine of trial proceedings wherein members of a jury disregard either the evidence presented of the instructions of the judge in order to reach a verdict based upon their own consciences. It espouses the concept that jurors should be the judges of both law and fact. Ethnicity in court is an important factor depending were your venue of court is located, and the jurors selected to the court. If in a court room there are jurors that are all white and are jurors for a case involving a white man that killed a African American man, may cause the jurors to listen to the white man case rather than the African American individual. In some cases if the white man story is little probable to happen the jurors will then have to take more time and listen closer to both of the stories. Jurors are told when in court that they have to judge by the facts and not by preferences in ethnic groups or color of skin, some do listen some do not take any facts they just prefer to select the person who is less guilty or if they see a similarities in themselves with an offender. One example of a preferred jury was a case that took place on the night of February 26, 2012, in Stanford, Florida, George Zimmerman fatally shot Trayvon Martin, a 17 year old African American high school student. George Zimmerman, a 28 year old Hispanic, was the neighborhood watch coordinator for the gated community where martin was temporarily staying and where the shooting took place. Martin and Zimmerman where in a confrontation while martin was walking thru the gated community while on the ground Zimmerman shot Martin killing him. When officers arrived on scene they took Zimmerman into custody and attended his injuries, then questioned for five hours. Under the state law of Florida it is legal to defend yourself while being under attack and you are able to use lethal force. Zimmerman stated that martin was reaching toward Zimmerman’s gun but no evidence was found. The jury decided that Zimmerman was not guilty, there was controversy in this case because martin was a young black kid who dressed different and was judged by that. The jury I believe looked at Martin as a bigger threat than Zimmerman. In this case a young black male was judged incorrectly by people who saw him as kid that was not going on the correct path, and on the other side they see a person who was keeping a watch on his community and keep them safe. Some people just see a Hispanic male getting away with murder and a African American kid who was killed harshly. For this case 5 of the 6 jurors were considered white and 1 mixed race, in this county were the case took place in Florida only 10 percent of the population are African American. Even though when selecting a jury there is people who make sure there are no bias selection of jurors, sometimes jurors when in court change their minds because they relate to the case or because some similar situations have happen to that juror or a close relative. When jurors relate to cases it starts to become a bias situation, for example if a case of a women that was beaten by a husband because of infidelity, some jurors if women will take the women side and will maybe go against the husband. Otherwise if the jurors are mostly men the men will tend to reduce sentence or even find a reason to liberate the husband accused of beating his wife due to infidelity. When facing a court case such as the famous case of Rodney King the jurors gave a harsh punishment to the police officers not because they were bias, but because the footage of the people who are there to serve and protect were acting like animals and very unprofessional. In this situation the jury were mainly concerned that these officers that were in duty to serve and protect the community can act so savagely, in this case there was a clear bias situation the jurors were not looking at the officers as heroes because they took down a man that was drugged up, the jurors saw the police beating  a man that was defense less and without any help. There will always be all sorts of bias and sometimes racism inside of the court room, jurors are chosen the best as possible but sometimes it just is not enough to sentence a case correctly. Jurors have the responsibility to give the case to the innocent person and to help the judge make the correct decision, but sometimes jurors make mistakes and are guided by their emotions and not the facts, when that happens the case becomes a bias case and usually in favor of the person the jurors think is innocent. In my opinion jurors should be taught and learn on how to use the facts to see all the details of the case, jurors should also be taught different types of classes on looking at all the evidence in favor and not in favor, the jurors should also take in mind that the person being sentenced also have families and deserve a fair opportunity on their criminal case. The diversity on the juror stand should be always permitted I believe there should not be more Whites or Blacks or Hispanic jurors there should be a fair amount of jurors for all ethnicities this will bring a balance and a fair judgment of all the cases in court. This will bring more fairness and belief to the court system and will help the judges job easier and trust the people of the juror stand. To conclude, jurors should be a very great help for criminal cases but they always have to judge with intelligence and with fairness.

Metaphysical Realism and Matilal’s Theories on the Connection Between Words and Things :: Philosophy

Metaphysical Realism and Matilal’s Theories on the Connection Between Words and Things ABSTRACT: The vexed issue of the precise connection between words and things (or objects) has been a major preoccupation over the centuries summoning the resources of metaphysics, philosophy of language, linguistics, ontology and increasingly semiological analysis. Philosophy in India produced a number of different and often conflicting solutions, only to be rivalled by an equally bewildering variety witnessed in the ancient and modern West. I want to bring to the foreground the late Professor Bimal K. Matilal’s development of Nyaya-Vaisesika realist approach to the aporia, and interject the analysis with dissident voices, especially of Mimamsakas and Buddhists. Significantly, it will be the living ghosts of Putnam and Dummett that I will invoke to haunt Matilal’s variation on metaphysical realism (after Davidson). Matilal veered closer to a realist metaphysic, which is inflected in his own formulation of a theory of language appropriate to this ontology, this despite h is idealized attraction to phenomenalist-constructivism (especially Buddhist); his flirtations with Bhartrharian holism (even Saussurean semiology) and lately with Derridean deconstruction (after G. C. Spivak) in his epiloquia. But my critique focuses on his famous earlier analysis of Jnana or cognition and his defence of a particular linguistic-ontology within a narrowly circumscribed naturalized epistemology (after Navya-nyaya). The Problem The vexed issue of the precise connection between words and things (or objects) has been a major preoccupation over the centuries, summoning the resources of metaphysics, philosophy of language, linguistics, ontology and increasingly semiological analysis, to solve this problem. Indian philosophy produced a number of different and often conflicting solutions, only to be rivalled by the even more bewildering variety of approaches and theories witnessed in the West, traditional and modern, relying largely on various model of the ‘word’ (natural, ideal, scriptural, semiotic, etc.). In this paper I want to suggest that there is an even more intricate relationship between the model of the word or language and the background view of the world. In other words, it is not at all as simple as sitting down one fine morning and asking, "Well, ol' boy, what is the connection between the word and the world?" as though it is a question simpliciter about some given or givens in our envi ronment. Many theories proceed on the basis of this assumed dualism, if not a complete asymmetry between language and the world that it is supposed

Analyzing Development and Change in the Media Industries

Every good analyst or researcher must grasp the importance of using various analytical tools as well as visual aids to comprehend various dilemmas faced by companies. In the case of BBC we must use various analytic tools to provide an overview of the situation being faced by BBC in 2001. Holistically, we must examine all changes and aspects of BBC in 1999 and 200. The below visual aid, Diagram A, is a representation of some financial highlights. This aid is a creation from data provided in the case study, and uses a pivot table in excel to illustration the percentage changes per financial highlight.The chart below this diagram reflects the actual numerical change and percentage change be they negative or positive. You can see that operating profits have dropped considerably from 1999 to 2000 a full 25%. For a company like BBC this is a huge loss. In addition, turnover has increased both worldwide as well as on a group level. Via this statistical analysis, it can be verified that the company is suffering from employee disgruntlement and decrease in ratings.In terms of using analysis to determine a solution, the company needs also to provide a break-even analysis and sensitivity analysis to determine at which point the company is making an adequate profit margin as well as a range of probabilities that a decision or alternative decision is acceptable. (Case Study, BBC). Initially we shall look at why producing it own programmes might be a source of conflict for BBC. BBC has over time and experience developed into one of the world’s leading broadcasters and programme makers.Renowned for its emphasis on high quality, accuracy of reporting stories, and neutrality BBC must recognize that this must be upheld as it produces its own programmes. In all fairness, BBC has the responsibility of pursuing all stories without regard to who or what is paying it. Revenue that is generated should not be based upon the payer’s expectations but on the equality and jus tification for the story. BBC is faced with these aspects as it produces its own programmes because ‘the hand that feeds it’ might not be supportive of particular stories or reporting.In addition, as BBC is part of the print industry via its own magazine it must retain its revenue why printing stories that interest its clientele. This financial situation guides BBC as it modernizes and uses new technology to present stories in an interesting manner. In its effort to preserve its reputation for accuracy and impartiality, BBC’s management structure had also come under scrutiny. Managers who had been recruited or hired from outside the firm might not have had the company’s philosophy or accepted the company’s historic approach to accuracy.Producing programmes in-house might have the manager’s external influences associated with its handling of stories. Bureaucratic tendencies might stifle creativity and invoke change away from the BBC value syst em. This might in turn lead consumers to believe that impartiality, accuracy, and fairness has been compromised on BBC’s part. (Case Study, BBC). Secondly, we shall examine why competing for ratings with other television channels is obviously a huge area of conflict for BBC. In the modern world, there are many channels ranging from your basic channels to cable to direct tv.These massive amount of channels have a tendency to give much choice to consumers. BBC needs to focus on surveying and determining exactly what the consumer desires to see. Stories need to continue to be accurate but also contain new skills of reporting and a different manner of creative thinking in order to compete for ratings. The case study relates how the 1990 Broadcasting Act required both ITV and BBC companies to have at least 25% of its programmes from the independent sector. As this situation occurred, morale among employees and prices dropped due to redundant stories and broadcastings.Ratings were also adversely affected by the company seeing and recognizing that its news could no â€Å"longer be tailored to fit its overseas listeners and would take on a London bias. This was overcome by retaining the dedicated newsroom already based in Bush House. † In general, this is always a threat to their ratings should they fail to consider oversea listeners’ interests and expectations. (Case Study, BBC). Finally, being a global provider is an area of conflict for BBC because like stated above the company needs to retain ratings from its oversea and global listeners.In order to be successful at this it needs to tailor its stories without losing its listeners in London as well. Because globally there are different manners of communicating, the company also needs to focus on external suppliers to produce TV content which is interactive, online sites which are user-friendly and informative, and strategically position itself to have a well-organized and structured organizatio n. Global expectations also call for having search engines, a website which is efficient to navigate through, video and audio streaming, voting applications, and audience management (website, opta).Question 3: How should the decision making process be followed in order to make good decisions to respond to the situation faced by the BBC in 2001? In order to adequately address this concern I must first iterate upon the importance and significance of the decision making process. This process itself consists of a variety of step-by-step action plan which should be adhered to. As these steps are laid out I will indicate how BBC needs to or has responded during each of these steps.Furthermore, I will distinguish if these steps have ensured that BBC is making good decisions about responding to the dilemmas facing the company in 2001. Depending on how well the company is handling these steps deems its success or failure level. So, the first step of the decision making process is identifying the problem. By identifying the problem the analyzer can ‘put a name’ or ‘face’ to the situation. This enables the company to achieve an initial understanding of where to focus their attentions and perhaps which actionable plans must be considered to resolve the situation.For BCC, their chief problems lie in deciding how much authority and responsibility it should invest in other companies creating its programmes, how much should BBC compete for its ratings as a public service broadcaster, and to what level should BBC act as a global provider. To identify the problem they need to find the source of the problem. In this case, the source of the problem lies in the license fee and the government’s control of its programmes. Having identified the problem, you can focus on focusing on the problem versus the ‘symptoms’ of it.This focus allows BBC to specify objectives and set decision criteria or requirements which can aid in selecting a solu tion. By selecting decision criteria BBC can decide which methods it might undertake to rectify the situations that they are facing. For instance, BBC’s commercial services found itself forced to produce its own magazine containing its own programme listings. It saw that it could either remain out of the print industry, ignore that other newspapers were refusing to publish details on its programs, or decide to supplement their own earnings by creating the BBC Enterprising LTD (BBC Worldwide).This also gave them a foothold in seeing a strong increase in its revenue and sales. For 2001, the company saw that past performances of inefficiency and losing audiences in the face of rapid increase in cable channels was threatening its prosperity. In the decision making process it began to develop suitable alternatives. Depending on the nature or significance of the problem, selecting an alternative or even listing out alternatives requires must analysis. By listing out alternatives, B BC can see a variety of them as well as produce creative alternatives which can either be simple or complex.One alternative is for BBC is to ignore the problem. By ignoring it, BBC can save money and time on implementations or changes; but it can lose the rest of its consumer loyalty or its ratings. In addition, management would not recognize modernization, new markets, new technologies, and the need for improved consumer interests. Furthermore, cost effectiveness would continue to be a problem as increased competition from digital, cable, and satellite channels continued to prosper. Lastly, by ignoring the situation the current employee disgruntlement would remain and turnover would continue to occur (Stevenson 70-73).This turnover is a true loss of talent and experience. In general, this alternative is not logical nor practical. In fact, BBC should develop alternatives which limit the growth of management, reorganize the structure, seek to overcome restrictions to their licensing fee agreement, focus on surveying what the consumer wishes to listen too, and determine what times to air their shows. Programmes could continue to be contracted out to get new and various coverage points and view points.Another alterative would be to have more in-house services or from the private sector in order to be financially more competitive. By tailoring their programming to what the consumer wanted and scheduling those programmes in the periods that consumers would watch, there would be an increase in ratings and audience figures. This general analysis and comparison of alternatives allows the company to brainstorm which best practice or solution is most effective. Financial number crunching and comparative analysis to other competitive firms would also be wise.At this point, BBC should select its best alternative. In this case, ignoring the situation is not practical. Deciding to continue with government handling is not proactive or financially secure. So, it should select to adhere to focus on increasing ratings and audience figures. External consultants and internal representatives should hash out any such details about complying with the licensing fee agreements while focusing on modern complications and how to overcome them. By adopting a different method of funding to replace and subsidize its income, it can overcome these dilemmas.At this point in its decision making process, BBC would have to implement the decided upon alternative after having a report listing out the pros, cons, financial rewards, and financial pitfalls should it not do so. In addition, a SWOT analysis should be completed of the strengths, weaknesses, opportunities, and threats of proceeding with the alternative (Stevenson 70-73). The decision-making process for BBC does not end at implementing the final and chosen alternative. Instead, the company must monitor, critique, and evaluate the alternative as it is carried out to ensure that the results are being obtained.A little adjustments here and there can be made to guarantee the company is going in the right direction. Consumers can be surveyed, employee constructive feedback can be requested, financial reports should be comparing the quarters at all times, and management should be fully aware of all aspects. All in all, this is a very time consuming process which requires much awareness and preparedness for BBC. Question 4: Does Government policy constrain the ability of the BBC to respond to its situation in 2001? If so, explain how.It is obvious through the case study, that government policy is indeed constraining the ability of BBC to respond to its situation in 2001. This is occurring because there is a system of the licensing fee. BBC is dependent on the government of each period to determine if and how it is to continue its programming as well as how much funding is to be made available to it. As the political climate was favoring deregulation and a free market place, BBC found itself in a posit ion where its license fee revenue was decreasing (Case Study, BBC).The company was being encouraged to consider venturing into commercial avenues in order to supplement its income while continuing to pay an extraordinary amount to continue to hold onto its license. These fees were continuing to increase each year, as multi-channel competition between providers increased. Works Cited: Case Study: The BBC. BA in Business Studies Website: Opta Creating New Businesses: Case-Studies-Media. Retrieved March 29, 2007. http://www. opta. com/who_we_serve_casestudies_media_print. htm Stevenson, William J. Production and Operations Management. Fourth Edition. Von Hoffman Press. 1993