The Sale of Goods Act 1979 - Free Essay Example

Sample details Pages: 8 Words: 2381 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Act Essay Did you like this example? Long established precedents exhibited a contradiction made amid a sale of distinct items against one of goods by depiction. The former necessitating the purchaser to examine the goods and rely on personal awareness: caveat emptor, while the latter evincing the reflection of the goods with their contractual specifications. In a sale of unrecognized goods, reference to chartered description could only determine the features. Don’t waste time! Our writers will create an original "The Sale of Goods Act 1979" essay for you Create order This question calls for a study over the credenda of Implied Obligations which is concealed by the Sale of Goods Act 1979[1]. In order to compute the distinctive aspects of the proposal, the key substratum of Sections 13 and 14, citing a benchmark and quality of goods shall be abstracted. However, the core constituent of the analysis would be the scrutiny of each situation with the interpretation of variegated case law precedents cultured with time, statutory prerogatives and judicial maxims. (a) Primarily, half of the wine stock Rowena bought from Vic Ltd. was undrinkable yet such quota of ineffectuality was habitual for a matured drink of that sort. This signals a demanding assessment of the Sections 13 and 14 of the SGA 1979, correspondingly. Sale by description is the core potential behind the operation of S. 13. Initiating the statute, S. 13(1) holds that in the course of a contract, it is connoted that goods will match with their depiction[2]. In Varley V Whipp,[3] it was held that the buyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s dependence on the description revealed that sale by description was the essential term in the contract. S.13(3) expresses that if the goods are chosen by the buyer, there may be a deal by description and this has been demonstrated in Beale V Taylor,[4] where the buyer, purchasing the car after a thorough examination, was held to have intended to buy it through description rather inspection hence making it a sale by description. The Court of Appeal, in Re Moore Co Ltd. and Landauer Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s Arbitration[5] noted that the purchaser was permitted to reject the items under S. 13 and Lord Atkin stated: à ¢Ã¢â€š ¬Ã…“There is, therefore an implied condition that the goods when tendered shall resemble with the descriptionà ¢Ã¢â€š ¬Ã‚ ¦the purchasers were permitted to discard the wholeà ¢Ã¢â€š ¬Ã‚ . Contrarily, in Arcos Ltd. V EA Ronaasen Son,[6] the House of Lords, upheld the buyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to decline for the breach with valid description and Lord Atkin held: à ¢Ã¢â€š ¬Ã…“A ton does not signify roughly a ton, or a yard roughly a yardà ¢Ã¢â€š ¬Ã‚ .[7] Detectable words in a contract are part of the item description and there is an antithetical congruity between those relating to quality and characteristics. In Proton Energy Group SA V Orlen Lietuva,[8] the descriptive words à ¢Ã¢â€š ¬Ã‹Å"Oil blendà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Clause 2 were held to be a part of the contract description under S.13. However, whether the vintagesà ¢Ã¢â€š ¬Ã¢â€ž ¢ degree of satisfactory quality has to be now evaluated. S. 14 of the SGA 1979 encompasses provisions whereby ventures on the section of the dealer as to the nature of the items and their adequacy for a precise function, are foreshadowed into particular course of dealings. Hosting particular exceptions, the fundamental dictum of à ¢Ã¢â€š ¬Ã‹Å"caveat emptorà ¢Ã¢â€š ¬Ã¢â€ž ¢ administers this prospect of the precedent of business and this approach is engrained by S.14 (1). Corresponded by S.14 (2), under a commercial dealing, there is a meant indication that the goods are of a decent caliber. This falls beneath a legislative exception accompanying S.14 (3) and exclusively exercises à ¢Ã¢â€š ¬Ã…“where the dealer markets the itemsà ¢Ã¢â€š ¬Ã‚ [9]. A matter that if one sells à ¢Ã¢â€š ¬Ã…“in line of commercialismà ¢Ã¢â€š ¬Ã‚  where oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s business does not usually contain that of selling items, or of specific items, has now been deciphered by the Court of Appealà ¢Ã¢â€š ¬Ã¢â€ž ¢s ruling in Stevenson V Rogers[10], enouncing that the sale was made à ¢Ã¢â€š ¬Ã…“in the course ofà ¢Ã¢â€š ¬Ã‚  that business so as to escort the agreement within the ambit of S. 14. Likewise, the goods should be of à ¢Ã¢â€š ¬Ã…“merchantable valueà ¢Ã¢â€š ¬Ã‚  and appropriate for all purposes as per its definition in the Supply of Goods (Implied Terms) Act 1973. LJ Norse, in Harlingdon Leinster Enterprises V Christoph er Hull Fine Arts Ltd[11] was of the view that the description must be influential to the extent of being enforceable. There cannot be a sale by description where there is not a review of the parties that the buyer is relying on his own skill. Moreover, was the wine fit for the purpose under S.14 (3)? The courts have adopted a proposition that where the goods have a distinguished function, that deems to be their à ¢Ã¢â€š ¬Ã…“particularà ¢Ã¢â€š ¬Ã‚  purpose. Food, for example, would be appropriated for the purpose of being consumed (Wallis V Russell)[12], milk to be drunk (Frost V Aylesbury Dairy Co.)[13], and a hot water bottle swelled with hot water to warm a bed (Priest V Last)[14]. This backs the notion of aptness for purpose and the courts have adopted this expansive understanding to assist the buyer in the context of widespread remedies in a consumer sale. Assessing the facts in the light of the case law, it is viable to say that although Rowena did not taste the win e, it does not necessarily mean that she did not look at the bottles. If she had examined the stock, she would have already know about their undrinkable quality and age. In such a condition, Vic Ltd. would not be held liable but if she has not, the seller would not be held guilty. (b) The second portion revolves around the doctrine of awareness in the context of the quality of the wine and the defects. Rowena did not inspect the bottles at the time of the purchase and later found them to lack exclusive quality which she expected. Moreover, the fraud by the French producers of the wine also emerged. The quality of the wine, as discussed in the previous part, is defined under S. 14 of the Sale of Goods Act 1979. Goods are credited to be of a satisfactory quality if they meet the standard of a judicious person, considering their narrative and other aspects (S.14 (2A) SGA 1979). In Bernstein V Pamson Motors (Golders Green) Ltd[15], it was held that the car was likely to be unmarke table. Arguably, albeit the wine did not fall in the category of a fine, pleasant drink, it was of a satisfactory quality. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s worth and value equated to the one consumed by a reasonable person customarily. Moreover, S.14 (2C) of the SGA 1979 stipulates that if the buyer reviews the goods before entering into a contractual settlement, then the implied term as to the quality ceases. In Thornett Fehr V Beers Sons[16], the defendants had inspected the goods and there was no implied arrangement that the glue was of merchantable quality. Likewise, in the celebrated case of United Central Bakeries Ltd V Spooner Industries Ltd[17], it was stated by Lord Hodge that the check of satisfactory quality is on a complete objective base and the court situated itself in the independent reasonable purchaser with knowledge of all the applicable facts and Spooner was held to be in breach of the implied condition under S. 14(2). Moreover, the express term in Dalmare SpA V Unio n Maritime Ltd[18] did not omit S. 14 which had been breached. Rowena did not taste the wine before obtaining the stock from Vic ltd. hence it can be indicated that the implied term as to the quality applies in this representation. If she had inspected the wine, the term would not have been enforceable. The crux of the contractual settlement was based on a sale by description as no investigation of the wine had taken place from Rowenaà ¢Ã¢â€š ¬Ã¢â€ž ¢s side. The quality can be reasoned on the ground of reasonableness because although the wine does not belong to a supreme brand, it still displays a satisfactory quality which fulfills S. 14 (2A). Sections 14(2D) and (2E) of the SGA 1979 encompass the à ¢Ã¢â€š ¬Ã‹Å"relevant circumstancesà ¢Ã¢â€š ¬Ã¢â€ž ¢ in S.14 (2A) by containing any public declarations about specific features of the items. If they are mislabeled, by the vendor himself, his representative or the manufacturers, the vendor may be held accountable. However, there a re some departures to this rule. Primarily, if the vendor was not and could not rationally have been aware of the statement[19] and secondly, the clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s choice to buy the goods was not influenced by the statement.[20] Henceforth, in the situation presented, if either of the exceptions exist, Vic Ltd. can escape its accountability. (c) Advancing in the dialogue, the vintage carrying a large volume of sulphur, has to be analyzed, which poisoned a customer whom Rowena had to reimburse for the unfortunate mishap. In order to evaluate this scenario, the concept of the Exclusion of Implied Terms under the Sale of Goods Act 1979 shall be considered along with the case law precedents. In Griffiths V Peter Conway Ltd.[21], both the defendants and plaintiff were uninformed of the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s unusual sensitivity of her skin and Branson J. dismissed the action and his ruling was acknowledged by the Court of Appeal. He stated à ¢Ã¢â€š ¬Ã…“The specific purpose of the goods was to be worn by the woman suffering from the abnormality and if one undergoing such an illness needs an article for oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s use, desiring to acquire the benefit of the implied condition and does not notify the seller, the seller cannot exercise his or her expertise and knowledge to measure the appropriateness of the item for that particular individualà ¢Ã¢â€š ¬Ã‚ . Peter Conway can be distinguished with Grant V Australian Knitting Mills[22]. It was stated that there was a sale by description even though the plaintiff had inspected the goods because the inspection could not disclose the occurrence of the sulphites. The exact purpose needs to be made known to the seller. In Grant, the particular purpose can be implied but in Peter Conway, due to the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s specific body condition, she must have specifically clarified her particular aim to the seller. The exact purpose cannot be implied due to her special condition. More over, in Christopher Hill Ltd. V Ashington Piggeries Ltd.[23], the Court of Appealà ¢Ã¢â€š ¬Ã¢â€ž ¢s verdict was overturned and it was held that the seller was accountable to the purchasers for breach of S. 14(1) of the Act of 1893. It was recognized that the herring meal contained a poison, harmful to an extensive range of animals rather than only minks. Lord Wilberforce stated: à ¢Ã¢â€š ¬Ã…“Any overall appropriateness would be the merchantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ accountabilityà ¢Ã¢â€š ¬Ã‚ .[24] Lord Diplockà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion in Ashington Piggeries was considered in Jewson Ltd. V Kelly[25] where Clarke and Sedley L.JJ., both commented on the dichotomy between S.14(2) and S.14(3). The former establishing a broad standard while the latter striking à ¢Ã¢â€š ¬Ã…“a certain compulsion tailored to the specific conditions of the careà ¢Ã¢â€š ¬Ã‚ . As Mr. Kelly had not made his purpose sufficiently distinct to the seller, there was no breach of the implied term. In Henry Ken dall Sons V William Lillico Sons Ltd.[26], although the component was lethal to poultry, it was impeccably appropriate for livestock and the House of Lords held that it was merchantable. Consequently, in Cammell Laird and Co. Ltd. V Manganese Bronze and Brass Co. Ltd.[27], it was stated that the retailer was in breach of S. 14(1) and there was an implied condition that the propeller should be rationally suitable for use on the specific ship for which it was required, and it was not. Concluding the discussion, it can be stated that Rowena needs to notify Vic Ltd. expressly about the possible occurrence of such a constituent in the wine which might unfavorably affect her clients in any case. Only if she had particularly done so, she can bring a successful claim. Bibliography Case Law: Varley V Whipp[1900] 1 513 (QB) Beale V Taylor[1967] 1 W.L.R. 1193 (CA) Re Moore Co Ltd. and Landauer Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s Arbitration[1921] 2 K.B. 519 (CA) Arcos Ltd. V EA Ronaasen Son[1933] A.C. 470 (H.L) In Proton Energy Group SA V Orlen Lietuva[2013] E.W.H.C. 2872 (Comm) Stevenson V Rogers[1999] 1 All E.R. 613 (CA) Harlingdon Leinster Enterprises V Christopher Hull Fine Arts Ltd[1990] 1 All E.R. 737 (CA) Wallis V Russell[1902] 2 I.R. 585 (CA) Frost V Aylesbury Dairy Co.[1905] 1 K.B. 608 (CA) Priest V Last[1903] 2 K.B. 148 (CA) Bernstein V Pamson Motors (Golders Green) Ltd[1987] 2 All E.R. 220 (QBD) Thornett Fehr V Beers Sons[1919] 1 K.B. 486 (KBD) United Central Bakeries Ltd V Spooner Industries Ltd[2013] 150 (CSOH) Dalmare SpA V Union Maritime Ltd[2012] E.W.H.C. 3537 (Comm) Griffiths V Peter Conway Ltd[1939] 1 All E.R. 685 (CA) Grant V Australian Knitting Mills[1936] A.C. 85 (PC) Christopher Hill Ltd. V Ashington Piggeries Ltd[1972] A.C. 441 (HL) Jewson V Kelly[2003] E.W.C.A. Civ 1030 (CA) Henry Kendall Sons V William Lillico Sons Ltd[1969] 2 A.C. 31 (HL) Cammell Laird and Co. Ltd. V Manganese Bronze and B rass Co. Ltd.[1934] A.C. 402 (HL) Legislation: Sale of Goods Act 1979 Supply of Goods (Implied Terms) Act 1973 Book: LS Sealy and RJA Hooley,Commercial Law, TEXT, CASES AND MATERIALS (4th, Oxford University Press, United States 2009) 397 Word Count: 1,941 [1] Hereafter abbreviated to SGA 1979 [2] Sale of Goods Act 1979 s 13(1) [3] Varley V Whipp[1900] 1 513 (QB) [4] Beale V Taylor[1967] 1 W.L.R. 1193 (CA) [5] Re Moore Co Ltd. and Landauer Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s Arbitration[1921] 2 K.B. 519 (CA) [6] Arcos Ltd. V EA Ronaasen Son[1933] A.C. 470 (H.L) [7] à ¢Ã¢â€š ¬Ã…“A ton does not mean about a ton, or a yard about a yardà ¢Ã¢â€š ¬Ã‚ . [8] In Proton Energy Group SA V Orlen Lietuva[2013] E.W.H.C. 2872 (Comm) [9] Sale of Goods Act 1979 s 14(3) [10] Stevenson V Rogers[1999] 1 All E.R. 613 (CA) [11] Harlingdon Leinster Enterprises V Christopher Hull Fine Arts Ltd[1990] 1 All E.R. 737 (CA) [12] Wallis V Russell[1902] 2 I.R. 585 (CA) [13] Frost V Aylesbury Dairy Co.[1905] 1 K.B. 608 (CA) [14] Priest V Last[1903] 2 K.B. 148 (CA) [15] Bernstein V Pamson Motors (Golders Green) Ltd[1987] 2 All E.R. 220 (QBD) [16] Thornett Fehr V Beers Sons[1919] 1 K.B. 486 (KBD) [17] United Central Bake ries Ltd V Spooner Industries Ltd[2013] 150 (CSOH) [18] Dalmare SpA V Union Maritime Ltd[2012] E.W.H.C. 3537 (Comm) [19] Sale of Goods Act 1979 s 14(2E)(a) [20] Sale of Goods Act 1979 s 14(2E)(c) [21] Griffiths V Peter Conway Ltd[1939] 1 All E.R. 685 (CA) [22] Grant V Australian Knitting Mills[1936] A.C. 85 (PC) [23] Christopher Hill Ltd. V Ashington Piggeries Ltd[1972] A.C. 441 (HL) [24] Lord Wilberforce at p.490 [25] Jewson V Kelly[2003] E.W.C.A. Civ 1030 (CA) [26] Henry Kendall Sons V William Lillico Sons Ltd[1969] 2 A.C. 31 (HL) [27] Cammell Laird and Co. Ltd. V Manganese Bronze and Brass Co. Ltd.[1934] A.C. 402 (HL)

Analysis Of On The Pulse Of Morning Essay - 1990 Words

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Engineering Project Preparation Global Manufacturing Market

Question: Discuss about the Engineering Project Preparation for Global Manufacturing Market. Answer: Introduction This project is developed in order to improve the production process of the photocopy machine manufacturing company Xerox. The purpose of this project is to reduce the inventory defects that the company is facing presently. In addition, in this project, it has been discussed how the company can use different tools and techniques such as Six Sigma and lean management to reduce various types of wastes such as time over production. As Zaman and Lehmann (2013) stated that, there are mainly eight types of wastes can be found in the manufacturing industry, overproduction, delay of production, inefficient utilization of skills, inefficient transportation, ineffective inventory, unnecessary movement of products and excess processing. Depending on the type of wastes that the company Xerox is facing appropriate process design plan has been developed. All theoretical models have been discussed which are needed to implement in a different stage of the process. Finally, a Gantt chart has been giv en to conduct the project plan within specified period. Literature Review There are various research works developed by researchers previously. Kidde et al. (2013) had developed a study to provide an overview of electronic waste management approaches. It has been found from this study that, electronic waste is one of the fastest growing pollution related issues globally. There are various types of toxic substances are present in e-waste which can threaten the human health. There is table given below in order to find out the quantity of e-waste produced by manufacturing industries of different countries such as Japan, China, and the USA. 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(2012), it has been found that approaches such as lean production supply chain can help to improve product quality and business performance of an organization. This study has been developed in Malaysian manufacturing industries. It has been found that implementing efficient lean production SCM can help the companies in Malaysia to improve their business performance. Production managers of different organizations can gain adequate knowledge about lean management as this study suggests some factors that needed to be emphasized in lean production. Conger (2015) had developed a study to indicate the importance of Six Sigma model in business process management. As Conger (2015) stated that, six-sigma process can help to eliminate all unnecessary steps from a business process. It has been found that the mobile manufacturing company Motorola has implemented six sigma models effectively. It has reduced the production of faulty product from 9.3 defects per million to 3.4 defects per million (Seuring 2013). Effective implementation of Six Sigma model helps the company to increase efficiency of Motorola from 99.95% to 99.9997% (Conger 2015). After analyzing all these previously done research works, it has been found that the first step of process management is to understand the process. It includes points such as stages of the process, product measures and errors related with the process. Depending on these factors, waste management efficient business operation procedure needs to be developed. It includes tool such as six sigma and le an management. Research questions aim and sub-goals Research questions What is the business process used by the organization Xerox? What are the major faults that the organization is facing in its business process? How different business management tools canbe implemented to improve the business process of the organization? Research aim The principal aim of this research work is to find out how an organization can apply various tools such as six sigma and lean management in order to improve faults of the business process. The subgoal of this research work is to find out the issues that the organization Xerox is facing in its business operation. Theoretical Content Research Hypothesis H0: Implementation of various operation management tools has little impact on the business operation of an organization H1: Implementation of various operation management tools has high impact on the business operation of an organization The business operation of an organization can be divided into two different types. They are such as designing of the product or service development process and design of the production process. As Yeheyis et al. (2013) mentioned that there are some mandatory criteria that the product or service development process of an organization needs to follow. They are such as attractiveness, reliability, user-friendliness and environmental friendliness. The company Xerox was founded in the year of 1960 (Seuring 2013). However, during the 1970s, the total productivity of the company was reduced by 20% due to increase competition in the market (Agus et al. 2012). Most of the Japanese companies concentrate on the high quality of production and low volume copiers. It has been found that due to unnecessary business process the production cycle time of the company is 2 times more than its competitors such as Kodak (Hajmohammad et al. 2013). Moreover, the company has ten times more rejection rate and 7 times manufacturing defects than its competitors (Kreimeier et al. 2014). For this reason, the market share of the organization had fallen more than 50%. Hence, it has become necessary to implement change in the product and service development procedure of the organization. The company should implement changes in various areas such as product planning, distribution, development of unit objectives and focus on customers.There are five major s teps can be applied to improve the product and service development process of the organization. They are such as idea generation, idea screening, preliminary design, review of the design and final review (Fullerton et al. 2013). There are various techniques can be implemented by the organization for effective idea generation. They are such as Brainstorming, min mapping, lateral thinking and Delphi Method. Experimental Set-up In this section,an experimental set-up has been developed to implement Six Sigma model so that operation management of the organization can be improved. As Yeheyis et al. (2013) mentioned that Six-Sigma is a customer based, top-down managed, strategically aligned and fact drove analysis. It requires a trained workforce in order to solve the predominantly complex problem in the business process. Figure 2: Six-Sigma Framework (Source: Yeheyis et al. 2013) In order to implement six sigma models, Xerox Company needs to develop dedicated infrastructure. The company needs to concentrate on critical customer opportunity. The company needs to provide significant training to the employees so that they become capable of using six-sigma framework. The company needs to implement black belt improvement specialists. It is required to link the customer focus with the strategies and objectives of the organization. In order to implement Six Sigma model effectively in the organization, a streamlined value chain process in order to consistently supply high quality products and service to the. Figure 3: Effective implementation of DMAIC in the project framework of Xerox (Source: Solano et al. 2012) As Becker et al. (2013) stated that it will also help to improve speed and efficiency of the production.In order to eliminate process defects and reduce variation lean management system can be used. As Hajmohammad et al. (2013) stated that lean process helps to reduce waste and increase the speed of the manufacturing process of the organization. In order to analysis, the flow of materials and information from the customer to supplier and vice versa Value stream map can be used. There are five stages, in which company Xerox can apply Value Stream Map in the business process of the organization. These scenes are mentioned below: Stages Activities Stage 1 Step one is related to the identification of the target product and product family. In the case of company Xerox, the target product is the photocopy machines. Stage 2 Development of the current state value streams map, which will indicate immediate steps, delays that the company is facing to produce the target product or service. Stage 3 Assessing the current value stream map in order to create flow by eliminating waste Stage 4 Development of a future state of value streams map Stage 5 In the last stage, the company needs to develop the future state condition for the organization. Figure 4: Steps to implement value stream map (Source: Seuring 2013) Figure 5: Value stream map implementation in the company Xerox (Source: Agus et al. 2012) Relevance of the result and outcome Effective implementation of lean six sigma model will help the organization Xerox to understand the actual needs and values of customers. It is expected that effective implementation of Lean Six Sigma process can help to transform the organizational culture of Xerox positively. It is also expected that this lean Six Sigma process will also help to improve overall operating procedure of the with the help of fact-based, disciplined decision making and measurable outcomes. The combination of these powerful approaches will be implemented in the organization Xerox. It is expected that the lean procedure will increase the speed of production and lower the cost of production. It is expected that lean process will identify the non-value steps and other causes of delay for the organization Xerox. With the help of Value Stream Map analysis, the company will be able to cut down the causes of delay. On the other hand, effective implementation of Six-Sigma process can improve the organizational culture. The practical implication of DMAIC process can help to eliminate variation from the production process and enhance performance on consumer CTQs. Effective implementation of this hybrid approach will contribute to reducing the production cost of the company by 30%. It is expected that the company will save approximately $1.2 million per annum by implementing lean six sigma model. Figure 6: Expected positive outcome Lean Six Sigma model (Source: Conger 2015) Project planning and Gantt chart In order to develop effective project plan, a workflow diagram has been given below: Figure 7: Workflow diagram for the project plan (Source: Author) Three major review points for this research work are such as gathering information about the key issues of the organization, analyzing previous research work to find out different approaches to solving operational issues of the company. The third one is the development of a hybrid model (combination of 2 or more than two models) to solve the issues faced by the organization. All these tasks are planned to be conducted within 16 weeks (1 semester). There is a Gantt chart given below to demonstrate a proper plan to carry out this research. Figure 8: Gantt chart for the project plan (Source: Author) Conclusion In this report, it has been discussed how a manufacturing company such as Xerox can improve its production process. It has been found that the company has not given required focus on the quality of production and waste management procedure. For this reason, the company is not able to cope up with its competitors such as Kodak. From various previous research works, it has been found that tools such as lean management and Six-Sigma model can be used effectively to improve the business operation of an organization. Hence, a hybrid model will be used (lean six sigma) in the business operation of the company Xerox. It is estimated that this hybrid approach will help the company to reduce its production cost by 30%. Reference list Agus, A. and Shukri Hajinoor, M., 2012. Lean production supply chain management as driver towards enhancing product quality and business performance: Case study of manufacturing companies in Malaysia. International Journal of Quality Reliability Management,29(1), pp.92-121. Becker, J., Kugeler, M. and Rosemann, M.., 2013.Process management: a guide for the design of business processes. Springer Science Business Media. Conger, S., 2015. Six sigma and business process management. In Handbook on Business Process Management. Springer Berlin Heidelberg. Fullerton, R.R., Kennedy, F.A. and Widener, S.K., 2013. Management accounting and control practices in a lean manufacturing environment. Accounting, Organizations and Society,38(1), pp.50-71. Hajmohammad, S., Vachon, S., Klassen, R.D. and Gavronski, I., 2013. Reprint of Lean management and supply management: their role in green practices and performance.Journal of Cleaner Production,56, pp.86-93. Kiddee, P., Naidu, R. and Wong, M.H., 2013. Electronic waste management approaches: An overview.Waste Management,33(5), pp.1237-1250. Kreimeier, D., Morlock, F., Prinz, C., Krckhans, B., Bakir, D.C. and Meier, H., 2014. Holistic learning factoriesA concept to train lean management, resource efficiency as well as management and organization improvement skills.Procedia CIRP,17, pp.184-188. Seuring, S., 2013. A review of modeling approaches for sustainable supply chain management.Decision support systems,54(4), pp.1513-1520. Solano, E., Ranjithan, S.R., Barlaz, M.A. and Brill, E.D., 2012. Life-cycle-based solid waste management. I: Model development.Journal of Environmental Engineering,128(10), pp.981-992. Yeheyis, M., Hewage, K., Alam, M.S., Eskicioglu, C. and Sadiq, R., 2013. An overview of construction and demolition waste management in Canada: a lifecycle analysis approach to sustainability.Clean Technologies and Environmental Policy,15(1), pp.81-91. Yeheyis, M., Hewage, K., Alam, M.S., Eskicioglu, C. and Sadiq, R., 2013. An overview of construction and demolition waste management in Canada: a lifecycle analysis approach to sustainability.Clean Technologies and Environmental Policy,15(1), pp.81-91. Zaman, A.U. and Lehmann, S., 2013. The zero waste index: a performance measurement tool for waste management systems. Journal of Cleaner Production,50, pp.123-132.

Prevalence Trends and Environmental Influences

Question: Discuss about the Prevalence Trends and Environmental Influences. Answer: Introduction Obesity and child overweight are prevalent globally. The issue of obesity and child overweight is associated with hypertension, heart diseases, and diabetes just to mention a few. Childhood and adult obese are related to the number of obese males and female children account for 66% and 79%, which is similar to obese adults. Health services and district/country- childhood has focused economic cost upon hospitalization for the commodities of obesity, the increased expenditures are due to the increase in the outpatient and emergency room visits as well as prescription drug expenditures. When the normal children are compared with the overweight children, we find that the children suffering from obesity register a higher outpatient visit expenditure, higher prescription drug expenditures, and emergency room visit expenditure. Obesity is measured using the BMI. The paper assesses the national prevalence of obesity in school going children of the United Arab Emirates (UAE). A 10% stratified random sample of children was taken from a completely 16,391 children in the United Arab Emirates[3]. Physicians and trained nurses measured the height and weight of these children and their body mass index (BMI) was computed. The BMI s of the United Arab Emirates were the compared with the most recent international standards that had been published and it showed that the children are a high increased risk of overweight and obesity. For example, the obesity in the female children is same as the obesity in a male who are fourteen years old. At eighteen years in females, the obesity is 1.9 fold higher than the most recent international standards that were published. In general, the rate of obesity among the youth is two to three times greater than the most recent published international standard. Obesity and overweight have very significant consequences as well as implications for a persons health, social care and the economy of the country. Effects of obesity on the following levels; as an individual with the condition of obesity, one will face several challenges in life like; theis increased in the risk of developing a wide range of serious diseases such as heart disease, high blood pressure, strokes, type II diabetes, non-alcoholic fatty liver disease, fertility problems, as well as some cancers. In childhood obesity, there consequences in physical and mental health both long term and short term. In addition, obesity facilitates to several psychological problems like anxiety, mood disorder, poor self-esteem, poor quality of life, and dissatisfaction of the body. Obesity has been linked with low concentration levels, social exclusion in schools and poor academic success. Social lives of children who are obese are also at risk, they tend to suffer from discrimination and prejudice, fewer friends and a very low educational attainment. Families are the most important influences on the health choices that the children and youth make. Therefore, parents and guardians have a higher potential for preventing obesity and excess weight gain. The lifestyles we have adopted promote unhealthy eating and encourage sedentary activities better than physical activities. However, parents and guardians can take charge, provide their children, and share experiences necessary to ignore and put away the unhealthy cues and be able to make healthy choices to prevent excess weight gain and obesity. Childhood has focused economic cost upon hospitalization for the commodities of obesity; the increased expenditures are due to the increase in the outpatient and emergency room visits as well as prescription drug expenditures. When the normal children are compared with the overweight children, we find that the children suffering from obesity register a higher outpatient visit expenditure, higher prescription drug expenditures, and emergency room visit expenditure. Causes and factors that influence the emergence of this disease. Looking at obesity just on the surface, its cause looks to be very simple, that once you consume high levels calories compared to what your body can burn as energy through the physiological activities then one will simply increase weight. However, like many other things this simple explanation is always incomplete. The risk factors, which eventually lead to obesity, are a combination of socioeconomic factors, genetics, lifestyle choices, metabolic factors, and many other factors. Other causes are endocrine disorders, medicines, and diseases[4]. The common factors causing obesity include: According to Malik, one can inherit a tendency that will lead to obesity. If it happens that one or both of ones parents is obese then the chances of being obese increase by a whole twenty-five percent[5]. Heredity tends to also influence where one can carry weight, could be the hips, or the middle of ones body. Metabolic expending energy is different in different people. Hormonal factors and metabolism are not the similar for everyone, but these factors play a major role in ones weight gain. Studies prove that peptide hormone and ghrelin regulate appetite, other peptide trigger hunger and give one a feeling of being full after eating[6]. Overeating combined with sedentary lifestyle leads majorly to obesity. Changing ones character can easily change these lifestyle decisions. If ones diet contains calories from highly fat, sugar, and refined foods then one is likely to gain weight and be obese. Coupling this with no regular exercises it becomes very difficult or one to lose weight or just maintain their weight. In children and the youth, activities, which do not expend energy, like watching TV and sitting at a personal computer greatly leads to weight gain. Role played by globalization, culture, and nutrition transition in the development or extent of obesity Nutrition transitions refer to the modernization, development of the economy, urbanization and increased income, which facilitates to the predictable shifts in diet[7]. Nutrition transition is categorized into five distinctive patterns they are; These are individuals, who lead a very active lifestyle; they hunt and forage for food. Their diet is composed of fibrous plants and very rich in protein from the lean animals they hunt in the wild[8]. As the income, keeps increase these individuals, have a better access to the abundant foods rich in calories, and thus become lesser active. This, therefore, leads to obesity and other obesity-related chronic diseases like heart disease, some cancers, and diabetes[9]. In response to the high frequency of obesity and the obesity-relateddiseases, these individuals are forced to change their behaviors and the community promote the character changes which will avoid such conditions. The middle-income countries like the United Arab Emirates are moving from pattern three rapidly, which is the end of drought to part four, which is consuming many energy-dense diets. This kind of shift from the traditional cultural diets to the lifestyle in the developed countries is the major contributor to obesity and excess weight gain. The effects of sex, age, and genetics Science proves that genetics have a role in obesity. Genes have the power to cause obesity in disorders like Prader-Willi syndrome. Genes will not always predict ones future health but genes and character are both needed for one to be obese. In many occasions, multiple genes will require ones susceptibility to excess weight gain and other factors required such as little or no physiological work. Women have a poor obesity-related QOL as compared to the men. In lower age groups, obese women have a poor obesity-related QOL as compared to the normal womens weight. In men, however, the obese men have no difference at all in obesity-related QOL. In older age groups, obese men have better QOL than the normal men and the women still have a poor QOL[10]. Obesity has become the main influence on the development of the cardiovascular diseases and thereby affecting the physical and also social functioning as well as the quality of life. The importance of effective interventions that will reduce obesity has really increased as the number of children and the adults who are obese is now at epidemic proportions[11]. Population-based strategies prevent the development of obesity and overweight throughout life by improving physical and social environments contexts for physical activity and healthy eating is very important. The population-based approaches to prevent obesity and overweight recommend approaches that can complement individually oriented interventions and also clinic-based prevention as well as programs for treatment. Almost all the current eating and activity patterns in the United Arab Emirates are those that lead to weight gain and obesity. Population approaches coupled with policy and environmental changes have the capability to increase the opportunities for healthier eating behaviors, physical activity that will not require a deliberate action by individuals and will help in addressing inequalities[12]. Modifying people lives through population-based approaches to affect peoples choices includes having the following areas assessed to identify the targets for change; locations of first food restaurants, adequate sidewalks that will promote physical activity, availability of public means of transport, restaurant portion sizes and the availability of low-fiber foods, high fat and sweetened foods. Public Health Approach Reducing the mobility and mortality that is related to obesity is actually a public health priority. The government has come up with various interventions in schools in the United Arab Emirates, which aim to achieve or maintain a healthy weight among the children and the youth. A good example of the strategies to prevent obesity is the School-Based Programs. The school environment is very important being that ninety percent of the Arab children and youth at the age of five to seventeen are in school and they eat one to two meals there[13]. This program targets the children in schools and the intended outcome is to achieve or maintain a healthy weight. This program includes nutrition education as well as exercise components. This prevention strategy in schools is implemented in the following ways; limiting access to unhealthy foods such as refined grains, potatoes, sweets, red and processed meat in the school environment, increasing physical activities by incorporating games after classes, P.E lessons where children play, including sports days in the school calendar etc[14]. Giving the students enough homework so as to limit the television time, screen time and all other set time activities which do not expend energy. In addition, lower grade children should be allocated time for sleeping in order to reduce their stress levels[15]. When all this is done properly in an institution then the risk of obesity will be highly reduced. Challenges, barriers in the implementation The numbers of the controlled preventive strategies that target children are relatively small. School-based programs have succeeded in reducing the dietary fat intake, energy intake and limiting the sedentary activities like watching television. The short-term intervention programs have been documenting successful BMI changes, which in turn open long-term interventions[16]. However, there is an increased concern in the obesogenic environment. The characteristics of this environment make energy balance maintenance become difficult. The environment has high energy density and foods that arent expensive, which increase the opportunities to consume[17]. Reduced physical activities due to automobile, elevators, as well as escalators, are the major causes of obesity. The sedentary leisure time is increased and there are limited opportunities to have physical recreational activities. Definitely, both children and their families are always put to this kind of unhealthy environment and thus all efforts that are associated with modifying excess weight gain and obesity must address the societal and cultural factors or at the very least consider the potential impact on household based or school prevention programs[18]. The government of the United Arab Emirates should insist on the prevention strategies of obesity and excess weight gain and limit the sedentary lifestyle completely. This can be done by making policies that people will be forced to adhere to. Incorporating prevention strategies at almost all public and private setting is yet another solution towards the challenges faced in preventing obesity[19]. Conclusion Obesity is associated with some of the major leading cause of health complications. In addition, obesity can contribute to psychological issues like depression, anxiety, low quality of life, and poor self-esteem. For school going children, obesity can lead to reduced concentration levels, low level of academic success, and exclusion. In this case, the social life of obese children is wanting as most of this children face discrimination from the other children. Parents and caregivers have the responsibility of ensuring children take the right foods and in correct portions. Therefore, parents and caregivers have the duty to prevent overweight and obesity in children. Other than food intake, parents should encourage their children to participate in physical activity. In addition, proper health choices should make available to children in order to prevent obesity and overweight. Bibliography Al-haddad FH, Little BB, Abdul Ghafoor AG. Childhood obesity in United Arab Emirates schoolchildren: a national study. Annals of Human Biology. 2005 Jan 1;32(1):72-9 Malik M, Barry A. Prevalence of overweight and obesity among children in the United Arab Emirates. 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