Unconscionable Conduct Unfair Contract Term-Myassignmenthelp.Com

Question: Discuss About The Unconscionable Conduct Unfair Contract Term? Answer: Introducation The concept of Unconscionability had been brought into the legal word for the purpose of upholding fair play and equity in relation to contracts. As defined by Goldberger (2016) unconscionability is a doctrine in relation to contract law which is used for the purpose of defining those provisions in a contract which are unjust to an extent which is not in accounting to good conscience or are largely in favor of only one of the parties to the contract having high bargaining power as compared to the other party. In situation where unconscionability is found in relation to a contract, the contract is made unenforceable it would have not been agreed by any informed or reasonable person otherwise. The person who has initiated the addition of the unconscionable term in a contract is not provided the benefit of the contract as contract is considered as not having or having inadequate consideration. Although as per the rule of consideration the mere presence of it makes a contact valid, the i dentification of unconsionablity in the terms nullifies the consideration rule in such situation. The court declares such contract as unenforceable when it is established that it would be vastly unjust to make the contact binding on the party who wants to escape it. The determination of unconsionability in relation to the contract is done by analyzing the circumstances which lead to the formation of the contract in context. Then in order to establish unconsionability in a contact an unconscionable conduct has to be present at the very time of formation of the contract any conduct which has taken place after the contract has been formed is irrelevant in the situation. No standardized criteria for the purpose of determining the presence of unconsionability in a contract exists and is limited to the subjective findings of the judge. The concept is only applied to nullify a contract where if the contract is validated it would be an affront to the judicial systems integrity. A great deal of flexibility is available to the court in relation to the remedies which could be provided in the situation. The court in this situation may totally nullify the contract by stating that it lacked free consent and was forced to be signed or under misunderstanding an d duress, or the court may refuse to implement the clause in relation to a contract which is unconscionable or awards damages or necessary actions through which a fair outcome to the contract may be achieved. There are various situation which may lead to a conduct which is unconscionable in nature. Some of the most frequently found causes are discussed in this section of the paper. In situations where the contractual business transaction is sophisticated in nature and constitutes boilerplate language which is not generally understood by such person or an average person may constitute unconscionable conduct. This language may be in relation to disclaimer of warranties and extended liabilities within a contract. Where the price of the goods are widely inflated by a seller and where the inflation has been done in such a way that the total cost which the buyer is liable to pay is concealed from him, it accounts to an unconscionable conduct. Another example in relation to the situation is when imposition of severe penalty provision is done with respect to failing to pay installments for loan in a prompt manner and such terms are hidden physically through small prints or middle of a paragraph in a lengthy agreement. The court in this situation may come to a conclusion that there has been no meeting of mind in relation to the parties to the contract and the terms of the contract have not been accepted by the weaker party (Chew 2014). In situation where a standardized contract of adhesion is provided by the seller in relation to the purchase of necessary services and goods such as transport, food and shelter to the buyer on accept it or leave it terms without providing any reasonable operations to the buyers to bargain an unconscionable conduct may arise. Although standard for of contracts are totally legal a few terms contained in them can be invalided based in unconsionability. These provisions had been discussed in the case of Harris v. Blockbuster Inc, where it has been held by the court that provisions of compelling arbitration and restricting class action was an unconscionable and illusory conduct. In addition procedural unconscionable conduct is considered as a disadvantage which a weaker party suffers with respect to negotiation on the other had substantive unconscionability means unfairness in outcomes or terms. A contract may be set aside by the mere presence of a procedural unconsionability without any substantive unconscionability being present. The role of the court in this situation is not to determine whether the bargain was good or not but to merely identify the position of the party to analyze his or her own interest in relation to the contract. Unconsinability in Australia is also known as unconscionable conduct and had been designed initially to promote fair play and equity in contracts. A behavior which can justify the decision of the court to nullify a contract is regarded as unconscionable conduct. The case of Blomley v Ryan (1956) 99 CLR 362 applied the doctrine of unconsionability in Australia for the first time. In addition its validity had been strengthened further in the case of Commercial Bank of Australia Ltd v Amadio 1983. In the Bolmely case there was a contract between the plaintiff and the defendant in relation to the purchase of a farm. The seller was a plaintiff in this case and was 78 years of age. The buyer taking advantage of the alcoholic nature of the plaintiff got into a contract with him to purchase the farm at much less than the market value. The court taking into consideration the circumstances of the case which is the age and alcoholic nature of the plaintiff categorized the action of the defendant as unconscionable conduct. In the Amadio case the plaintiff who were a elderly migrant couple from Italy had been asked by their Son to act as guarantors in relation to a loan availed by him through the Commercial Bank of Australia. In this situation Mr Virgo (the bank manager) was a close communication with the couples son and also had proper understanding in relation to business reality. He had knowledge that the son has most probably made a misrepresentation of facts to his parents in relation to the loan so that they get into the contract and act as guarantor. The business of the son failed and he was not able to repay the loan and subsequently the bank made a claim to mortgage the property belonging to the plaintiffs. In this case it was held by the court that based on the doctrine of equity and unconsionability the conduct of the bank in this case was unconscionable and the contract of guarantee between the bank and the plaintiffs was not enforceable. This was because the plaintiff in this case had a spe cial disadvantage which was their lack of understanding of the terms of the contract and the manger being aware of the situation did not notify them about it, thus it was an unconscionable conduct indulged into by the bank in this case. Since the decision provided in this case there have been several developments in relation to statutory and common law practices. This includes the Australian Securities and Investment Commission Act 2001 (Cth), the Corporation Act 2001 (Cth), the Trade Practices Act 1974 which has been repealed by the provisions of Australian Competition and Consumer Act 2010 (Cth). The Special Contracts Review Act 1980 also deals with unconscionable and unfair terms in relation to a contract. The provisions in relation to unconscionable conduct has been provided through section 21 of the ACCA and states that until the terms of the contract is totally understood by the parties the contract cannot be formed. A person in the course of trade and commerce must not indulge in a conduct which may be regarded as unconscionable conduct. The circumstances in which the contract had been formed has to be considered by the court in order to determine unconscionable conduct. In addition the court must not take into consideration any circumstances which may constitute unconscionable conduct once the contract has been formed as per subsection 21(4)(c). further the section provides the equity would intervene in situation where one of the party tried to take advantage of another with respect to their weakness such as bargaining power, age or lack of understanding. There are specific factors which are provide through section 22 of the ACL that needs to be taken into consideration while determining an unconscionable conduct. These factors consists of consideration of the bargaining power of the parties to the contract, the understanding of the consumers in relation to the contract document, the presence of any pressure or undue influence against the consumer, any industry code requirements, the failure on the part of the supplier to disclose any material risk or impact on the interest of the customer and the degree to which good faith had been observed by the suppliers. These provisions had been applied in the case of ACCC v Lux Distributors Pty Ltd [2013] FCAFC. This section of the paper deals with the provisions in relation to the impact of provisions regarding unconscionable conduct on the banking industry. On first July 1998 reforms had been introduced in relation to the financial services sector. Primary responsibility had been provided to the ASIC in relation to governing small business and consumer protection in the banking sector. The applications of rules in relation to unconscionable conduct in the banking sector are provided through section 12CA, CB and CC of the ASIC Act. The definition in relation to financial products and services are defined appropriately in the ASIC Act and also mirrored in the provisions of the Corporation Act and the ACCA. These provisions impose restrictions upon a company or individual from indulging in a conduct which may be regarded as unconscionable conduct while providing financial services in the course of trade and commerce according to the explanation provided in relation to the concept in common la w. In the same way the other two sections also prohibit the use of unconscionable conduct while providing financial services. Thus taking into consideration such provisions the court are reluctant to enforce agreements which apparently have an element of unconscionable conduct such as in the cases of ACCC v TPG Internet Pty Ltd [2013] HCA 54 and ACCC v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51. One of the most interesting attitude of the court in relation to determining the presence of unconscionable conduct in a case is interpreting the terms of the contract against the party who has indulged in an unconscionable conduct. In addition it has been stated in various cases such as the case of Kakavas v Crown Melbourne Ltd [2013] HCA 25 that equity would intervene in a situation where it is identified that a person is attempting to take advantage of the another in relation to a contract due to the presence of a particular weakness in the other party. It is the role of a consumer advocate group such as The Finance and Consumer Rights Council in relation to unfair agreements is to locate and identify any conduct which may be regarded as an unconscionable conduct which may subject the consumers to detriment. These bodies have to act like a watch dog in relation to consumer agreements. Another body operating in Australia which is responsible for this is the Australian Competition and Consumer Commission (ACCC). There have been various cases in Australia where an unconscionable conduct have been indentified such as the case of ACCC v Lux Distributors Pty Ltd where the defendant had been held liable for unconscionable conduct as it deceived the consumers by using its high bargaining positions and push them over the edge". References ACCC v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51. ACCC v Lux Distributors Pty Ltd [2013] FCAFC. ACCC v TPG Internet Pty Ltd [2013] HCA 54 Australian Competition and Consumer Act 2010 Australian Securities and Investment Commission Act 2001 (Cth), Blomley v Ryan (1956) 99 CLR 362 Chew, C. Y. (2014). Unconscionable conduct in banking law: the impact of the legislative regime (Pt 2). Commercial Bank of Australia Ltd v Amadio 1983 Goldberger, J. (2016). Unconscionable conduct and unfair contract terms. business-law Quarterly: The Journal of the Commercial Law Association of Australia,30(2), 17. The Corporation Act 2001 (Cth) The Trade Practices Act 1974 (Cth)

Research Paper on Road Construction Essay Example

Research Paper on Road Construction Essay Road construction is a complex of various operations, which includes activities in several areas: design, construction, repair, and maintenance of roads. The quality of road construction has much to say about any country, because it indicates not only the level of economic development of the country, but is also the necessary component of creating a positive image of the country abroad. Road construction begins, where necessary, by land clearing and stump removal. These operations then allow archaeologists to carry out their investigations. At the same time, there are changes of the networks layout (drinking water, irrigation, electricity, gas, etc.), which lie in the path of the future highway. Then the constructors start earthworks and build bridges and culverts that will allow rivers and streams pass under the highway. The works of restoration of road communications are also involved. They include building crossing bridges that pass over and under the highway. Earthworks comprise cutting and embankment: in some upland areas, earth is removed (cuttings) to be given to lowlands (embankment). In addition, configuration and terrain often makes necessary the use of complementary materials found in sandy clay loans off the motorway boundaries. Remediation takes place at the same time in close cooperation with earthworks. Ditches are created to collect rainwater, which will be stored in tanks and treated. No runoff from the highway shall be discharged directly into the environment. We will write a custom essay sample on Research Paper on Road Construction specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Research Paper on Road Construction specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Research Paper on Road Construction specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Road construction is carried out using modern materials, innovative designs, and methods in construction technology. Only the application of modern technologies in the field of road construction can provide the high quality road surface, which is capable to not only provide comfort and ensure road traffic safety, but it also may help us obtain greater economic benefits like extending life duration of roads and reducing the cost of their subsequent repair and reconstruction. The high-quality road construction technology allows creating a highly durable asphalt coating, which has many positive features like, is more hygienic, it is easier to repair as it have a great climate exposure resistance. Your research papers on road construction must explain to its readers that the road is and remains the only infrastructure that serves everybody without any exception. There is a road to the door of each house. Every trip begins and ends with a road course. To access a station, a port, airport, we take a road. It is what allows you to use other means of transport. The road offers everyone the opportunity to be connected to others. If the telecommunications allow contact with the world, the road allows people come home. If you encountered some troubles in preparing your research project, we recommend you use free example research proposal topics on road construction, which you can easily find on the Internet. At EssayLib.com custom writing service you can buy a custom research paper on Road Construction topics. Your research paper will be written from scratch. We hire top-rated Ph.D. and Master’s writers only to provide students with professional research paper assistance at affordable rates. Each customer will get a non-plagiarized paper with timely delivery. Just visit our website and fill in the order form with all paper details: Enjoy our professional research paper writing service!

Applied Problems from Chapters 8 and 9 Essays

Applied Problems from Chapters 8 and 9 Essays Applied Problems from Chapters 8 and 9 Essay Applied Problems from Chapters 8 and 9 Essay Applied Problems from Chapter 8 and 9 Marquita B. Mouton BUS 640 Managerial Economics Charles Fanning December 6, 2010 Applied Problems from Chapters 8 and 9 The application of material is the true test of knowledge. With the help of the concepts and theories learned from Chapter 8 and 9, this paper will answer the second applied problem from Chapter 8 and the second and fourth applied problems from Chapter 9. Chapter 8 At a management luncheon, two managers were overheard arguing about the following statement: â€Å"A manager should never hire another worker if the new person causes diminishing returns. † Is this statement correct? The scenario presented describes a question managers must face every day. It is not wise hire another workers solely due to them causing diminishing returns. According to the Law of Diminishing Marginal Product, as long as the marginal product does not become negative, it would be wise that a manager hire beyond the initial diminishing number (Thomas and Maurice, 2011). For example, if 1200 units need to be produced and the 11th person hired causes the returns to diminish, then it would be advantageous to the manager to hire enough employees to satisfy the output without causing the marginal product to drop below zero. Chapter 9 2. The Largo Publishing House uses 400 printers and 200 printing presses to produce books. A printer’s wage rate is $20, and the price of the printing press is $5,000. The last printer added 20 books to total output, while the last press added 1,000 books to total output. Is the publishing house making the optimal input choice? Why or why not? At the current input, Largo Publishing House is not making the optimal choice on input amounts. With the current inputs, they are underestimating the printers employed. Fifty printers could do the job of 1 printing press machine with a savings of $4,000. 2a. If not, how should the manager of Largo Publishing House adjust input usage? To maximize output on a fixed budget, Largo Publishing House should transfer some of the money spent on printing presses to the printers. At 1650 printers and 195 printing presses, combined they could produce 228,000 books for their limited budget. On the other hand, at 1900 printers and 190 printing presses, Largo Publishing could not only produce the same amount but also save $20,000 in the process. 4. The MorTex Company assembles garments entirely by hand even though a textile machine exists that can assemble garments faster than a human can. Workers cost $50 per day, and each additional laborer can produce 200 more units per day (i. e. , Marginal product is constant and equal to 200). Installation of the first textile machine on the assembly line will increase output by 1,800 units daily. Currently the firm assembles 5,400 units per day. 4a. The financial analysis department of MorTex estimates that the price of a textile machine is $600 per day. Can management reduce the cost of assembling 5,400 units per day purchasing a textile machine and using less labor? No it would not be possible to reduce the cost of assembling 5,400 units per day by purchasing a textile machine at the current worker wage of $50 per day. The cost of the total production would be $5,400 at any point where the amount if textile machines increased and the amount of workers decreased. For example, if three textile machines were bought and the amount of workers was decreased to 72, although totally they would produce 9000 units, it would still cost $5400. 4b. The Textile Workers of America is planning to strike for higher wages. Management predicts that if the strike is successful, the cost of labor will increase to $100 per day. If the strike is successful, how would this affect the decision in part a to purchase a textile machine? In part a, if more the amount of workers decreased and textile machines were purchased, MorTex would have been spending the same amount of money toward their production total. If the strike is successful and the workers’ wages increased from $50 to 100, it would be in the best interest of MorTex to purchase 9 textile machines and layoff all of their workers. If they pursued this option, they could produce 16,200 units with the same $5,400 they were already spending. References Thomas, C. and Maurice, S. , Managerial Economics: Foundations of Business Analysis and Strategy, Tenth Edition, Published by McGraw-Hill/Irwin, 2010.

Electoral College Pros and Cons

Electoral College Pros and Cons The Electoral College system, long a source of controversy, came under especially heavy criticism after the 2016 presidential election when Republican Donald Trump lost the nationwide popular vote to Democrat Hillary Clinton by over 2.8 million votes but won the Electoral College- and thus the presidency- by 74 electoral votes. Electoral College Pros and Cons Pros:Gives the smaller states an equal voice.Prevents disputed outcomes ensuring a peaceful transition of powerReduces the costs of national presidential campaigns.Cons:Can disregard the will of the majority.Gives too few states too much electoral power.Reduces voter participation by creating a â€Å"my vote doesn’t matter† feeling. By its very nature, the Electoral College system is confusing. When you vote for a presidential candidate, you are actually voting for a group of electors from your state who have all â€Å"pledged† to vote for your candidate. Each state is allowed one elector for each of its Representatives and Senators in Congress. There are currently 538 electors, and to be elected, a candidate must get the votes of at least 270 electors. The Obsolescence Debate The Electoral College system was established by Article II of the U.S. Constitution in 1788. The Founding Fathers chose it as a compromise between allowing Congress to choose the president and having the president elected directly by the popular vote of the people. The Founders believed that most common citizens of the day were poorly educated and uninformed on political issues. Consequently, they decided that using the â€Å"proxy† votes of the well-informed electors would lessen the risk of â€Å"tyranny of the majority,† in which the voices of the minority are drowned out by those of the masses. Additionally, the Founders reasoned that the system would prevent states with larger populations from having an unequal influence on the election. Critics, however, argue that Founder’s reasoning is no longer relevant as today’s voters are better-educated and have virtually unlimited access to information and to the candidates’ stances on the issues. In addition, while the Founders considered the electors as being â€Å"free from any sinister bias† in 1788, electors today are selected by the political parties and are usually â€Å"pledged† to vote for the party’s candidate regardless of their own beliefs. Today, opinions on the future of the Electoral College range from protecting it as the basis of American democracy to abolishing it completely as an ineffective and obsolete system that may not accurately reflect the will of the people. What are some of the main advantages and disadvantages of the Electoral College? Advantages of the Electoral College   Promotes fair regional representation: The Electoral College gives the small states an equal voice. If the president was elected by the popular vote alone, candidates would mold their platforms to cater to the more populous states. Candidates would have no desire to consider, for example, the needs of farmers in Iowa or commercial fishermen in Maine.Provides a clean-cut outcome: Thanks to the Electoral College, presidential elections usually come to a clear and undisputed end. There is no need for wildly expensive nationwide vote recounts. If a state has significant voting irregularities, that state alone can do a recount. In addition, the fact that a candidate must gain the support of voters in several different geographic regions promotes the national cohesion needed to ensure a peaceful transfer of power.Makes campaigns less costly: Candidates rarely spend much time- or money- campaigning in states that traditionally vote for their party’s candidates. For example, Democrats rarely campaign in liberal-leaning California, just as Republicans tend to skip the more conservative Texas. Abolishing the Electoral College could make America’s many campaign financing problems even worse.  Ã‚   Disadvantages of the Electoral College   Can override the popular vote: In five presidential elections so far- 1824, 1876, 1888, 2000, and 2016- a candidate lost the nationwide popular vote but was elected president by winning the Electoral College vote. This potential to override the â€Å"will of the majority† is often cited as the main reason to abolish the Electoral College.Gives the swing states too much power: The needs and issues of voters in the 14 swing states- those that have historically voted for both Republican and Democratic presidential candidates- get a higher level of consideration than voters in other states. The candidates rarely visit the predictable non-swing states, like Texas or California. Voters in the non-swing states will see fewer campaign ads and be polled for their opinions less often voters in the swing states. As a result, the swing states, which may not necessarily represent the entire nation, hold too much electoral power.Makes people feel their vote doesn’t matter: Under the Electoral College system, while it counts, not every vote â€Å"matters.† For example, a Democrat’s vote in liberal-leaning California has far less effect on the election’s final outcome that it would in one of the less predictable swing states like Pennsylvania, Florida, and Ohio. The resulting lack of interest in non-swing states contributes to America’s traditionally low voter turnout rate. The Bottom Line Abolishing the Electoral College would require a constitutional amendment, a lengthy and often unsuccessful process. However, there are proposals to â€Å"reform† the Electoral College without abolishing it. One such movement, the National Popular Vote plan would ensure that the winner of the popular vote would also win at least enough Electoral College votes to be elected president. Another movement is attempting to convince states to split their electoral vote based on the percentage of the state’s popular vote for each candidate. Eliminating the winner-take-all requirement of the Electoral College at the state level would lessen the tendency for the swing states to dominate the electoral process. Sources and Further Reference â€Å"From Bullets to Ballots: The Election of 1800 and the First Peaceful Transfer of Political Power.† TeachingAmericanHistory.org.Hamilton, Alexander. â€Å".†The Federalist Papers: No. 68 (The Mode of Electing the President) congress.gov, Mar. 14, 1788Meko, Tim. â€Å".†How Trump won the presidency with razor-thin margins in swing states Washington Post (Nov. 11, 2016).

Is Killing Nonhuman Animals Wrong and the branch topic is Regan and Essay

Is Killing Nonhuman Animals Wrong and the branch topic is Regan and His Critics - Essay Example Regan’s book and article on issue was written some time ago and since then there have been several critics disagreeing with the philosopher. First of all, Regan claims that the whole system of exploitation and killing animals is fundamentally wrong (in any area by any means). To change such fundamental wrongness and exploitation of animals requires drastic changes in people’s beliefs and habits. Furthermore, killing animals is causing pain and harm to them. Even though animals are not human beings, they feel pain and they suffer. Causing pain and suffering is wrong, so the very idea of killing animals is wrong too. Morality is a certain set of rules. A person agreeing to abide to those rules is as if signing a contract. Children are taught to abide to the rules almost from their birth. Keeping this idea in mind we have to remember that we have certain duties to animals as we have some duties to each other. Such thinking reflects contractarian position. From utilitarian perspective one has to look for equality of rights. Animals which live together with us in neighboring environment have to be counted. Humans and animals are very different. And yet, they have a lot in common. Animals like humans have inherent values and, thus, should not be killed: â€Å"All who have inherent value have it equally, whether they be human animals or not† (p.

Cuban Legal System Essay Example | Topics and Well Written Essays - 2000 words

Cuban Legal System - Essay Example military occupation. Cuba’s long and often strained association with the U.S. and a series of U.S. backed governments would lead to the 1959 Cuban Revolution and the current 50-year reign of dictator, Fidel Castro. The web article, Crime and Society: A Comparative Criminology Tour of the World summarizes the Cuban legal system as a composite of the three major stages of the country’s history, ending in what we know today as a socialist legal state. In 1973, the government promulgated the Law of Judicial Organization, establishing a hierarchical and more formal court system, replacing private law practice with law collectives-- strengthening emphasis on "socialist legality. Cuba’s civil law emphasizes written codes rather than precedent as the source of law. It utilizes an inquisitorial system of criminal procedure similar to that of Spain and France, with a smattering of Anglo American law including habeas corpus and a separation of courts and prosecutors quite uncharacteristic of Marxist-Leninist states. The article also sites key elements of Cubas "socialist legality" as an emphasis on substantive rather than juridical measures of justice; the use of law as a pro-active tool fo r socialist development; limited use of formal legal mechanisms for the resolution of private disputes; the use of informal "social courts" to resolve conflicts such as housing and labor disputes; direct citizen involvement in the judicial and crime control, and a system of state-organized law collectives to provide low-cost legal services nationwide. Regarding the latter, Raymond J. Michalowski writes of the non-adversarial system,â€Å"These attorneys, as intermediaries between citizens and the state, often found ways to utilize the formal framework of substantive and procedural laws to represent clients interests despite an official ideology that emphasized non-adversarial lawyering.† (Raymond J.

Management Of Change Within Mcdoanlds Restaurant Business Essay

Management Of Change Within Mcdoanlds Restaurant Business Essay McDonalds is the worlds largest fast food chain serving more than eight million customers daily. It starts its operation by giving franchise right, affiliated company and starting its own unit. Source of revenue generations are rent, royalties received from franchise or sales units operated by McDonalds. Main products of McDonalds are hamburger, chicken, cheese burger, break fast item, soft drinks and deserts. It is rapidly growing organization; it generated 9% more net income in 2007 than the year 2006. In order to sustain its sell in the market and make company more profitable McDonalds is focusing to bring some changes. It is utmost priority of every organization that it should improve itself in order to strengthen its capabilities and sustain its competitive advantage. It strives for the attainment of this purpose in shape of introducing change management in the organization. In order to remain in the market with full potential management of the organization and lower staff must be ready to bring the change because environment is dynamic and it is rapidly changing and businesses are going to be complex. It is necessary for the organizations to bring changes to operate and keep itself competitive in this dynamic environment.   Business world is continuously changing and new technologies and innovative products have been introduced on daily basis and most of the organizations are accepting theses change even they are not willing to accept. It is because of change benefits, changes bring improvement. When a person accept change and cope up with changes and equipped himself / herself then he/ she bec omes different from other. His worth exceeds than that of the person who does not keep himself / herself up to date. If any employee enhances his/ her skill with new technology, his/ her efficiency increase, can perform better than previous, increase the productivity of the organization.    Thats why it has been observed in the most of the organizations that they adopt changes quickly because they understand the worth of change. They try to equip their employees with modern technology as their performance gets improved. Change is very important for every organization. Companies and business adopt change and incorporate it in their organization for fulfilling the needs of suppliers and customers and to remain competitive in market. We can define change as implementation of new activity; the main purpose of that activity is to enhance the productivity by applying new policies and procedures. Change management process and change implementation has different strategies to change, so the change process is very complex and comprehensive. The most important approach in change implementation process is one which brings accomplishment. Changes in organization are essential at different activates such as modification in management system, change in operations, change in organization structure and change in other activities which management may consider important. Change in necessary when management is facing problem in current system or for getting better the performance of the organization the management may modify the current system or implement change in any activity. The factors that may bring change may be internal and external. Different activities and different new strategies can be introduced tat different level, and these changes and modifications may be restricted or unrestricted, common or general in nature. Internal factors for change may include the following: Change in structure of organization Increase in business needs Alteration in business plan Modification in goals of business External factors for change may include: Technology growth Changes in economic conditions that affect the profitability or value of money Requirement of electronic and technological services It is the primary responsibility of the McDonalds to bring changes in order to achieve organizational goals and objective in effective manner, due to that it must plan from initial stage of change to proper implementation.   For the effective implementations of the change and successful results of the change organization must focus on Individuals and their relationships and continuous improvement system is introduced in which change is carried on properly. In order to improve the organization and bring change successfully, McDonald should consider the issues wisely and come up with positive solution that may break hinders. At each stage organization should take action to overcome the resistance and implement change properly. NEED FOR CHANGE The extent of the change management in McDonald as companys marking plans is restricted to execution of incorporated marketing communication. For bringing new things and new activities in organization, the marketing, advertising and promotional operations of the organization must be focused. Normally different communication mediums are used for marketing and advertising and considered as aid for offering services and ideas and products. Different kinds and different types of communication media are used for marketing and advertising the products. The concentration shall be given on marketing, advertising and promotion in integrated marketing operation. The part of new marketing plans of the McDonald, integrated marketing operation shall be highlighted by this change and new modification. The basic idea of the integrated market operations is to implement change related to health, which spread the information about current development in health and the increasing ration of fatness amon g children and adults for creating target marketing. The objective of integrated market operation is to launch new products for children, and to reduce the effect of growing bad perception about McDonald among the individuals. The marketing approach which focuses on the peoples heath will provide information to parents and children about the new product of McDonald McKids, and about differences between new product and existing products. If the integrated marketing communication system is successfully implemented, then it would provide successful marketing, advertising and public relations operations for efficiently introducing the new products of McDonald to general community. The organization should form a team for bringing new activities that would handle the necessary issues for this change. The new dietary material information of new product has also uploaded on McDonald (Bahrain) website. This change will mainly concentrate on marketing and sale promotion. Nowadays, the menu of McDonald for children has facing the problem of criticism. The integrated marketing communication has been implemented by the McDonald for changing the perception of people about the kid menu of McDonald. Through integrated marketing communication, it will also be ensured that the mission and vision that the McDonald is utilizing has been highlighted in every advertisement or promotion or not. RESISTANCE TO CHANGE It is the well known fact that when any organization brings changes, it faces difficulties while implementing these changes. Resistance may occur before implementing the change, during implementing the change and after implementing the change. thats why these changes are carefully managed as organizations can avoid adverse outcomes of the change because change is brought for the betterment of the organization and management expects some thing better from that change, if it is not properly implemented and it get victimized of extreme resistance then the expected result would be inverse.   It is the priority of the organization that it should manage the change proper way and for this purpose open talks with employees are conducted in order to know the view of the employees because change will directly effect on the employees and if they do not accept it, organization would not achieve desired results. Now it is the responsibility of top authorities to find out ways that can bring org anization up as well as they must terrace out he ways through which that change will be implemented successfully. McDonald is striving to encounter the environmental changes by bringing changes in its promotional activities, by making changes it can respond the external and internal factor that are rapidly changing. Change will be made in promotional activities in which organization will boost its image in the mind of customer. Because of that change McDonald is facing some problems to implement the change that is resistance from employees side. Problems that have been encountered by employees are misperception and negative reaction by the customer and employees, culture is not supporting for these changes. Major problem is reaction by employees and customer regarding the implementation of this change. a few of the employees are in favour of changes, they want that integrated marketing communication should be implemented. Others are resisting implementing that change. They are opposing change because they fear that company is going in wrong direction. They think company what ever is expecting would not attain it but it would encounter more problems due to this change. It is also a problem that those who suggested the change to be implemented are not able to properly convey the outcome the organization would gain from that change. Though technology is rapidly developing in these days, information technology has grown more rapidly than any other technology. specifically in the information technology, if organization purchases computers and uses it for marketing purpose as McDonald is expecting to bring the changes but the issue is that, with the passage of time these computer would be outdated and company will have to replace them. It may cause severe losses for the company. This issue has been raised not only by employees but also by customer thats why they are opposing to bring changes. This has created big issue for the McDonalds because it would not be able to achieve desired results that it is expecting from that change. Company may lose the key employees those who basically operate that change because due to resistance many of the employees may quit the McDonald and McDonald may require a number of other employees who can operate and run this change. It is purely technical task and only IT literate person can handle it. Every organization faces barrier when it comes with innovative idea as McDonald is going to implement new change it also facing barriers and organizations success depends upon the change. Barriers may not be in shape of resistance but they may be resources that required bringing change. Stakeholder may resist because they may not rely the proper usage of that communication media, there may short fall of amount because its implementation requires finance. MANAGING THE RESISTANCE It is the responsibility of McDonalds that how wisely it deals these issues because these issues are not as bigger as they are perceived, for this purpose it must ensure the employees that the change is not going to hurt them rather it would be beneficial for the organization and if organization will move in right direction then ultimate benefit will be given to employees.   Major problem that is with this change in technology that McDonald is going to introduce is not long lasting because computer is rapidly changing, the growth ration in this sector is high. So stakeholder fear that if this change is brought then it would not be the permanent solution, organization may have to change in future. Thats why it should be considered wisely that technology should perform long lasting duration. Information regarding the change will be provided to the employees would be accurate and every one can easily understand. Third issue that McDonalds have to ensure that after implementation how this program will be carried on, the follow up of this program will be ensured by the top authority of management. Necessary training must be provided to the employees who would directly interact with this change and handle all the activities that would occur after change. McDonalds should provide necessary things to carry on the functions that would be run by the employees. There are differences in cultures among the employees who are working in McDonalds. They would not synchronize the activities with the changes because of their differences in culture thats why it would be more difficult for the management of McDonalds to implement the change properly. Apart from that this is most difficult type of conflict; the reason for this conflict would not be change. While implementing the change McDonalds must ensure that who would be responsible to manage the change if any cultural difference is found it must be observed and they must terrace out subcultures to overcome this problem. They must identify that that would be empowered by this change. For solving these types of problems, the executives of McDonald should form a successful culture of the organization, and tough organization by the use of good control of the stakeholders in organization; they should also provide their needs and wants which they require for the motivation of stakeholders which benefit the stakeholders as well as company. For certifying or confirming the continued success in change implementation, some elements are part of human capital management strategy and plan. These elements include processes and procedures for work, design and structure of organization, management performance and program for providing compensation. Some of the customers of McDonald have also created problems in implementation of change in organization. The McDonald should introduce governance process for ensuring the equality among employees and controlling the people of different cultures. The managing and controlling of people in organization is very difficult and challenging task, if we give careful consideration, attention and focus, on it then it will increase loyalty of employees and hardworking which will benefit the organization and employees. If the management provide reasonable time, advance information, incremental peoples for doing job effectively and provide extra hands and minds then the employees work more than what is expected from them. The not availability of any support in achieving the success from processes is the main clash in execution of change. Change can be implemented in different phases; it can not be implemented just by any decision. The people which are involves in change process must go through their experiences for realizing the objectives of the modification. For success in implementing change and solve these types of clashes the management of McDonald should that the information regarding the change objectives and purposes has been properly distributed to all stakeholders and these all stakeholders such as employees, customers, suppliers, staff should realize that they are m ain source and vital for these changes. The management must be able to identify and predict problems which may be faced by organization and those problems may hamper the employees and other stakeholders from supporting the change. RECOMMENDATIONS To shifting the behaviour and perception of the children about healthy fast food may be very complicated, so success of these changes is very doubtful. There Is also indications to be successful in change implementation because of good features of integrated marketing communication. McDonald should ensure that the new advertisement for the new image has been reached to every child in all countries where the products of the company are available, for this the company may use different types of media that disperse the information. These new advertisements for building image of McDonald should also reach to the parent because these are the parents who purchase the food for their children, and these advertisements should persuade the parents to encourage their children for eating healthy and dietary food. There are many ways for changing and innovation, the more concentration is given to research and development. Novelty can be achieved by less formal changes in the job by exchanging and merging professional experience or other approaches may also be used. Innovation can be defined as new ides, new goods, new activities, new services or practices initiated by organization which are useful in achieving the objective of the business. Innovation is much debated area in modern world, whether the innovation is based on new knowledge or expertise or based on needs of societies or communities and market requirements. The common factor in successful innovation is acknowledgement of demands rather than acknowledgement of technical problems. This innovation will positively result for McDonald; it should try its level best to implement this change any way. For the implementation of this change if it has to encounter few problems its must concentrate on it and try to resolve this problem. There are many possibilities for the McDonalds that it would bring revolution in the food industry and will gain competitive advantage. Thought it is food producing company if it crates this promotional activity not only it would attract customer but also affects positively in the minds customers.   CONCLUSION It is utmost priority of every organization that it should improve itself in order to strengthen its capabilities and sustain its competitive advantage. It strives for the attainment of this purpose in shape of introducing change management in the organization. It is the primary responsibility of the McDonalds to bring changes in order to achieve organizational goals and objective in effective manner, due to that it must plan from initial stage of change to proper implementation.   The extent of the change management in McDonald as companys marking plans is restricted to execution of incorporated marketing communication. For bringing new things and new activities in organization, the marketing, advertising and promotional operations of the organization must be focused. Normally different communication mediums are used for marketing and advertising and considered as aid for offering services and ideas and products. Resistance may occur before implementing the change, during implementing the change and after implementing the change. thats why these changes are carefully managed as organizations can avoid adverse outcomes of the change because change is brought for the betterment of the organization and management expects some thing better from that change, if it is not properly implemented and it get victimized of extreme resistance then the expected result would be inverse.   Information regarding the change will be provided to the employees would be accurate and every one can easily understand. Third issue that McDonalds have to ensure that after implementation how this program will be carried on, the follow up of this program will be ensured by the top authority of management. This innovation will positively result for McDonald; it should try its level best to implement this change any way. For the implementation of this change if it has to encounter few problems its must concentrate on it and try to resolve this problem.