Unfair Terms in Contracts: Proposals for Reform in the UK

The English and Scottish Law Commissions have made radical proposals for simplifying UK law on unfair terms in consumer contracts, combining the Regulations that implement the Directive and the earlier legislation into a single instrument that is to be written in language that would be clear and accessible to consumers and businesspeople. The article discusses some of the difficult policy choices involved in combining the different approaches of the two existing instruments, what is needed in order to make the legislation understandable to the lay person, and the extent to which the case of Commission v The Kingdom of the Netherlands requires Member States to use the language of the Directive when implementing it. The Law Commissions also proposed to extend the broader controls found in the Directive to business-to-business contracts, but the proposals did not find favour with the business community.     

A non-co-operative bargaining model of membership expansion in a producer co-operative

This paper presents a non-co-operative bargaining model of membership expansion in a producer co-operative. The emphasis is on examining the distribution of the resulting surplus between the existing partners and the new member. In the presence of a number of alternative candidates, the existing partners can use the threat of switching negotiating partners to extract additional surplus from the negotiations. The degree of symmetry between the competing candidates necessary for these threats to be credible is specified, as is the nature of the dependence of the parties' payoffs on the various parameters of the model. Potential sources of misallocation within the model are identified.     

On the commercialization of accountancy thesis: A review essay

Hanlon's thesis on the commercialisation of accountancy is examined in relation to contemporary changes in the organization of work and the concentration and Intelnationalization of the accounting industry. Attention is drawn to the tensions between Hanlon's empirical materials and his exegesis of theoretical debates. An appreciation of the value of his book for highlighting the wider significance of accounting to a shift from Fordist to more flexible forms of accumulation is balanced by a discussion of various limitations. These include the neglect of non-audit business undertaken by accounting firms, and the sketchy treatment of the links between these firms and other key players that have supported and legitimised the progressive commercialization of accountancy.     

Land use planning and health and well-being

This paper is concerned with the relationship between the planning of settlements and health. It gives a brief introduction to the issues before summarising the evidence in relation to a range of topics, concluding with some more speculative thoughts on likely future findings.Modern planning was invented in response to inhumane living conditions in 19th century cities. But in the last century the connection was lost. Only now, with concerns over climate change and obesity, is there beginning to be the realisation that the physical environment is an important determinant of health.The paper uses a particular model of this relationship based on eco-system and health determinants theories to structure the review of evidence. The review covers: lifestyle choices in relation to physical activity and diet, mental well-being and community, the local economy and income, health inequalities and strategic land use transport planning, pollution and urban form, and finally impacts on global ecology.There is now a growing consensus that while personal factors are critical in determining health, the urban environment exacerbates or mitigates health and well-being outcomes.The level of active travel (walking and cycling) and outdoor recreational activity is strongly affected by accessibility to local facilities. Access to green, natural environments, and to local social networks, are factors in mental well-being. The wider sub-regional pattern of housing, economic development, land use and transport is a determinant of social exclusion and therefore health inequalities. It also affects health-damaging pollution, adaptability in the face of climate change and the level of carbon dioxide emissions.We have literally been building unhealthy conditions into many of our towns and cities. But comparisons with the best cities in Europe indicate that it is possible to reverse the less desirable trends. Success depends, however, on more radical policies of local authority control over land and finance than any political party has yet advocated. It also requires collaboration between the full range of powerful public and private organizations that influence the built environment.Future research is likely to further strengthen these conclusions. It will become much more obvious that planning for health and well-being is not only the NHS, but about creating a health-promoting physical, social and economic environment.     

Understanding contemporary marketing: Development of a classification scheme

The term Relationship Marketing has been used in a multitude of ways to describe and define marketing in the contemporary environment. This has led to the term being loosely defined and applied in the literature, resulting in frustration for both researchers and practitioners. Therefore, a classification scheme is developed from analysis of the extant literature, and used to systematically examine the meaning of marketing across twelve dimensions which reflect issues related to marketing practice. From this scheme, the authors identify two ‘perspectives’ of marketing, which encompass four distinguishable ‘types’ of marketing. Implications for future research in the area are discussed.     

Spectral Analysis of Advertising-Sales Interaction: An Illustration

Abstract

Cross-spectral analysis is recognized as a powerful analytical tool for the analysis of time-varying behavior in a number of disciplines. Applications in business have been limited, however, and the potential usefulness of this new approach to time series analysis has received relatively little attention in advertising. The purpose of this paper is to explain cross-spectral analysis and illustrate the use of this new technique in studying the interaction between advertising and sales.     

Effects of firm owenership structure on hiring of M&A advisors

This study tests the hypothesis that certification is an important service performed by M&A (merger and acquisition) advisors. It conducts an empirical investigation of the relationship between corporate ownership and the decision to hire an advisor. It demonstrates that ownership by institutional investors increases the propensity of firms to hire advisors in merger and acquisition transactions. The effect is (1) nonlinear in institutional investor percentage ownership, (2) greater for the selling firm than for the buyer, and (3) stronger where control is changing than where significant assets are being bought and sold. Confirmation of the certification hypothesis is also found in the decision to hire a prestigious advisor given that an advisor is to be hired.