Whiplash Claims in the UK - Free Essay Example

Sample details Pages: 9 Words: 2831 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Topics: Government Essay Did you like this example? What, if anything, should the Government do about whiplash claims in this country? The need for our government to take action in regards to whiplash claims would depend on whether there is a problem in the first place. The problem in this respect can take on many forms, namely with either procedure, access to justice, other methods of resolving dispute (ADR[1]), policy, legislation, social dynamics and/or economical climate of the whole country. It is therefore vital to identify the problem and where it stems from, before searching for appropriate solutions. Don’t waste time! Our writers will create an original "Whiplash Claims in the UK" essay for you Create order For the purposes of this essay I will be focusing on the past policy changes in regards to personal injury, such as the introduction of legal aid system and the Legal Aid Board, Lord Woolfà ¢Ã¢â€š ¬Ã¢â€ž ¢s review of the Civil Procedure Rules and Access to Justice Report[2] and Lord Jackson Reforms. I will aim to demonstrate that there are considerable claims in regards to à ¢Ã¢â€š ¬Ã…“compensation cultureà ¢Ã¢â€š ¬Ã‚ [3] and à ¢Ã¢â€š ¬Ã…“whiplash epidemic,à ¢Ã¢â€š ¬Ã‚ [4] but those assertions are largely unfounded and seem to serve as an excuse for political and economical goals. Nonetheless, the current changes are both reactive and proactive, and can be seen as necessary in our current economical climate. The problem in this case is subjective, everyone involved would take a different view depending which interests they represent and the end goal they are trying to achieve. It is difficult to determine whether there has been a major increase in RTA over the years as unfortunately there is no reliable, year by year, statistical data to prove the case either way.[5] Nonetheless, when it comes to whiplash injury, Jack Straw quoted that it is as high as 80% of all the RTAs[6] leading to Britain being branded the à ¢Ã¢â€š ¬Ã…“whiplash capital of Europe.à ¢Ã¢â€š ¬Ã‚ [7] Lord Jacksonà ¢Ã¢â€š ¬Ã¢â€ž ¢s review of PI claims found that claimants had too many benefits, making smaller claims, namely whiplash claims, an easy target for fraudsters. Unsurprisingly ABI[8] was strongly in support of the reforms that followed and APIL[9] were strongly against. What is plainly evident is that the two sides reflect the interests of their industries. Fault based liability seems to be turning into cost based liability. Lord Dyson suggests that claimants have à ¢Ã¢â€š ¬Ã…“lost all sense of personal responsibilityà ¢Ã¢â€š ¬Ã‚ [10] blaming the media for creating a false belief that litigation is a quick financial boost rather than a genuine solution to a p roblem à ¢Ã¢â€š ¬Ã…“[t]he compensation culture is a myth; but the cost of this belief is very real.à ¢Ã¢â€š ¬Ã‚ [11] Nonetheless, Dyson diverts the blame from the system à ¢Ã¢â€š ¬Ã…“compensation culture is not about what goes on in court, but rather about what happens outside the court roomà ¢Ã¢â€š ¬Ã‚ [12] and rejecting claims that UK has developed the US style litigation culture.[13] Some of the biggest changes to affect whiplash claims have been made first through the Lord Woolfà ¢Ã¢â€š ¬Ã¢â€ž ¢s review which focused on the disproportion caused by the legal aid system and just recently by Jackson Reforms, which were introduced to target the imbalance generated by the Access to Justice Act 1999 between claimants and defendants. The Jackson Reforms introduced a shift between the claimant and the defendant especially in regards to the small claims track. The new model of Conditional Fee Arrangements that abolish the recoverability of success fees and API premiums m ean that the claimant will be covering some of the costs through the awarded damages.[14] These reforms can be seen to not only continue maintaining access to justice through CFA, but also significantly reducing costs and disproportionate fees.[15] These reforms alter the traditional model of full compensation. Cane draws on Lord Denning criticism of the old model in Lim Poh Choo v. Camden Health Authority[16] à ¢Ã¢â€š ¬Ã…“it would be unfair and unreasonable to award damages for loss of earnings if the claimant was in no position to benefit from them.à ¢Ã¢â€š ¬Ã‚ [17] The new reforms do not target so much how the damages are calculated, but more how much the claimant is actually left with. The courts often find themselves in a difficult position having to calculate a value in financial terms on the injuries and possible future losses which, through their subjective judicial activism, this can result in considerably varied applications of awards. à ¢Ã¢â€š ¬Ã…“There seems no r eason why a young person should be maintained for the rest of their life by an award of damages (paid by society in one way or another) simply because their spouse or partner was killed through someoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s fault. It is surely not right that the law should reward idleness and discourage gainful activity in this way.à ¢Ã¢â€š ¬Ã‚ [18] Although Cane was talking about fatal accidents, damaged in whiplash claims are often also difficult to calculate[19] and disproportionate claims[20] can arise when calculating future losses in regards to whiplash personal injury claims, sometimes depending on the length of the claimed pain not severity.[21] The claimants must take reasonable steps to mitigate their loss, but it is difficult to prove whether or not a claimant has done all that is reasonably expected of them to reduce their costs and again it is left up to the courts to decide what is reasonable. Currently a claimant can include private medical treatment[22] in their da mages even if it is available through the NHS à ¢Ã¢â€š ¬Ã…“(in more than a third of cases), in order to have an examination necessary for the claim.à ¢Ã¢â€š ¬Ã‚ [23] This seems to go strongly against the mitigation principle à ¢Ã¢â€š ¬Ã…“[i]t is not at all obvious why, sixty years after the beginning of the NHS, we should continue to subsidize those who seek private treatment in the way that the tort system does.à ¢Ã¢â€š ¬Ã‚ [24] This is something the Government can potentially address in regards to whiplash injury, as these claimants are unlikely to require treatments the NHS does not already provide. Current proposals for medical whiplash panels have been accepted by the Ministry of Justice and are likely to be implemented.[25] The Civil Justice Council has indicated the need for independent panels with an accreditation model to provide skilled advice, but indicated the need for heavy regulation à ¢Ã¢â€š ¬Ã…“are assessed and authorised on the basis of their experti se, and not organisations that can then hire or instruct individual doctors who are not then subject to any independent scrutiny or authorisation.à ¢Ã¢â€š ¬Ã‚ [26] This model looks promising and aims to be à ¢Ã¢â€š ¬Ã…“i) flexible; ii) transparent; iii) independent.à ¢Ã¢â€š ¬Ã‚ [27] Nonetheless, with whiplash injuries being so difficult to prove, medical panels, no matter how independent, are unlikely to spot fraudsters. Their reports would produce largely subjective results. Motor Investigation Unit has been researching more modern solutions through social media and technical equipment like on board CCTV.[28] In Golden v. Dempsley[29] the courts accept the MIU[30] take a different approach to evidence, with more focus on the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s credibility. In reference to Kearsley v Klarfeld[31] and Casey v Cartwright[32] the district judge also notes the need for early access to the car for inspection and medical records, but also stresses that those should not be the main focus. The recent reforms were heavily criticised by the Law Society and APIL who are disadvantaged by the new changes, à ¢Ã¢â€š ¬Ã…“propaganda which is generated by insurers on the pretext that insurance premiums will be reduced and that this will in turn assist the countryà ¢Ã¢â€š ¬Ã¢â€ž ¢s economic recovery.à ¢Ã¢â€š ¬Ã‚ [33] Claire McIvor takes an individualistic approach arguing that the new reforms significantly reduce claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s access to justice and impede on their Human Rights, primarily Article 6 à ¢Ã¢â€š ¬Ã…“access to justice is, after all, a fundamental human rightà ¢Ã¢â€š ¬Ã‚ ¦under the terms of art.6, it is unqualified in terms of cost considerations.à ¢Ã¢â€š ¬Ã‚ [34] However, too much access to justice can create chaos, Friedman refers to this as an à ¢Ã¢â€š ¬Ã…“Orwellian nightmare,à ¢Ã¢â€š ¬Ã‚  where access to justice is so open, that anyone can claim for anything with ease, and in effect we end up regulating each other, à ƒ ¢Ã¢â€š ¬Ã…“we cannot have a system that provides unlimited access to justice; the pyramid must remain a pyramid.à ¢Ã¢â€š ¬Ã‚ [35] Individuals are likely to fight for their own interests with disregard of how it might affect someone in the future through policies, allowing the pyramid to lose its shape would likely result in a dysfunctional welfare state à ¢Ã¢â€š ¬Ã…“not justice but economical inefficiency and waste.à ¢Ã¢â€š ¬Ã‚ [36] McIvor takes a normative approach, but disregards economical efficiency completely à ¢Ã¢â€š ¬Ã…“minimum costs will consist solely of those costs which are necessary à ¢Ã¢â€š ¬Ã‚ ¦regardless of whether they can be described economically efficient.à ¢Ã¢â€š ¬Ã‚ [37] This is a good theoretical model, but one that does not work in practice, it is quite an unrealistic model considering economy is the driving force and is what allows UK to compete on an international level pedestal with other leading economies. If we disregard economy with s uch ease in every area of governance and politics then we are likely to be in constant recession. McIvor states that à ¢Ã¢â€š ¬Ã…“substantive aspect of the process should take priority over the procedural.à ¢Ã¢â€š ¬Ã‚ [38] However, Friedman argues that à ¢Ã¢â€š ¬Ã…“[c]heapness and convenience, while obviously important, are hollow and meaningless without a working system of relevant rights.à ¢Ã¢â€š ¬Ã‚ [39] A working system is one that can continue functioning, that can sustain itself. The reforms[40] represent a give and take scenario, with the abolition of success fees and ATE premiums on the one hand and the 10% increase in general damages[41], 25% cap on success fees from damages and qualified one way cost shifting on the other. It is an attempt to distribute costs between all parties, the claimants, defendants and even the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s lawyers. Although the claimant is viewed by some as à ¢Ã¢â€š ¬Ã…“the little guy in the face of giant corporations à ¢Ã¢â€š ¬Ã‚ [42] he is also the à ¢Ã¢â€š ¬Ã…“one-time litigantà ¢Ã¢â€š ¬Ã‚ [43] so unlike the defendant, likely an insurance company, in the event the claimant loses their case they will only bear the costs once, if at all.[44] The costs do balance out between the parties that way, just because insurance companies have more assets at an individualistic level, does not mean that they should carry the cost burden so significantly, this would not work with every case. Many claimants do not realise that personal injury civil litigation is not funded through the state, legal aid has been cut significantly and now it is publicly funded, so the costs come back round on us in a vicious circle through insurance premiums. The Jackson Reforms have deep political roots. We have been experiencing difficult economical times and are just emerging from the deepest recession of 2008-2009s since the war time of the 1920s.[45] We cannot look at the recent changes in whiplash claims policy i n isolation from the economical and political climate that evoked those changes. It is possible that the à ¢Ã¢â€š ¬Ã…“compensation cultureà ¢Ã¢â€š ¬Ã‚  is an excuse, but the problem remains and that is excessive litigation in the whiplash area of civil litigation. There are very little changes that I would advise our Government to make in relation to whiplash claims in this country. I would advise an introduction of a whiplash NHS care package to speedily deal with medical reports of claimants, this is, however, likely to be introduced together with the medical panels and the accreditation scheme. Through past history of the legal aid introduction, then the Access to Justice Act 1999, and now the Jackson Reforms, what is evident is this constant emerging imbalance between the two sides, justice and morality often lies on the side of the claimant and economical prosperity on the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s side, usually a corporation. The way this imbalance is targeted is by restricting the side that is causing an imbalance, it is something that will continue to be done. Social tendencies dictate that whichever party gets better provisions, will take advantage of it and in some cases even abuse it, such as the fraudulent whiplash claims. That is not to say the system we have at the moment is the optimal, best suited system, but it is one that seems to be reflecting the current economical conditions. The new changes introduced by way of Jackson Reforms are unlikely to stick around long enough to make a long lasting imprint in history, but it seems they are better suited for the current identified imbalance and will remain in place until the scales tip in the opposite direction. Bibliography: Lim Poh Choo v. Camden Health Authority [1980] AC 174. Motto and others v. Trafigura Ltd and another [2011] EWCA Civ 1150. Valentine v McGinty [2010] G.W.D. Langford v Hebran [2001] EWCA Civ 361. Fairley v Thomson [2004] Rep. L.R. 142. Golden v. Dempsley [2010] 9B106073. Kearsley v Klarfeld [2005] EWCA Civ 1510. Casey v Cartwright [2006] EWCA Civ 1280. Simmons v Castle [2012] EWCA Civ 1039. Access to Justice Act 1999. Legal Aid, Sentencing and Punishment of Offenders Act 2012 Law Reform (Personal Injuries) Act 1948. Conditional Fee Agreements Order 2013. C McIvor, à ¢Ã¢â€š ¬Ã‹Å"The Impact of the Jackson reforms on access to justice in personal injury litigationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2011) CJQ. LM Friedman à ¢Ã¢â€š ¬Ã‹Å"Access to Justice: Some Historical Commentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 2009 37(1) Fordham Urb. LJ Article 4, 7 CFA covers legal fees; however additional costs such as medical reports and court fees might have to be covered by the claimant in the even they lose their case. Steve Hawkes , à ¢Ã¢â€š ¬Ã‹Å"Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s compensation culture is out of control, insurance chief warnsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Telegraph, 4 August 2013). R. Lewis, A. Morris and K. Oliphant, à ¢Ã¢â€š ¬Ã‹Å"Tort personal injury claims statistics: is there a compensation culture in the United Kingdom?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2006] JPIL 103. Master of The Rolls Lord Dyson, Compensation Culture: Fact or Fantasy? (Holdsworth Club Lecture, 15 March 2013). P. Cane, Atiyahà ¢Ã¢â€š ¬Ã¢â€ž ¢s Accidents, Compensation and the Law (7th ed., Cambridge, 2006). Law Society, Reducing the number and costs of whiplash claims A consultation on arrangements concerning whiplash injuries in England and Wales (March 2013). Civil Justice Council, Reducing the Number Costs of Whiplash Claims. https://www.telegraph.co.uk/finance/newsbysector/banksandfinance/insurance/10221301/Britains-compensation-culture-is-out-of-control-insurance-chief-warns.html Accessed 14/03/2014 to 20/03/2014 Chinwe Akomah, à ¢Ã¢â€š ¬Ã‹Å"ABI seeks à ¢Ã¢â€š ¬Ã‹Å"radicalà ¢Ã¢â€š ¬Ã¢â€ž ¢ action to tackle whiplash epidemicà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Post Online, 27 April 2012) https://www.postonline.co.uk/post/news/2170911/ abi-outlines-radical-plans-tackle-whiplash-epidemic Accessed 14/03/2014 to 20/03/2014 à ¢Ã¢â€š ¬Ã‹Å"Jack Straw calls for reform of car insurance industryà ¢Ã¢â€š ¬Ã¢â€ž ¢ (BBC, 27 June 2011) https://www.bbc.co.uk/news/uk-13922554 Accessed 14/03/2014 to 20/03/2014 Ray Massey, à ¢Ã¢â€š ¬Ã‹Å"Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢s whiplash capital: Compensation culture makes British twice as likely to claim, adding  £90 to premiumsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Daily Mail, 20 April 2013) https://www.dailymail.co.uk/news/article-2311979/Europes-whiplash-capital-Compensation-culture-makes-British-twice-likely-claim-adding-90-premiums.html Accessed 14/03/2014 to 20/03/2014 John Hyde, à ¢Ã¢â€š ¬Ã‹Å"MoJ confirms plans for medical whiplash panelsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Law Gazette, 16 January 2014) https://www.lawgazette.co.uk/practice/moj-confirms-plans-for-medical-whiplash-panels/5039395.article Accessed 14/03/2014 to 20/03/2014 à ¢Ã¢â€š ¬Ã‹Å"Fraud à ¢Ã¢â€š ¬Ã¢â‚¬Å" December 2011à ¢Ã¢â€š ¬Ã ¢â€ž ¢ (Weightmans, December 2011) https://www.weightmans.com/library/newsletters/fraud_-_december_2011/lvi_-_a_fresh_approach.aspx Accessed 14/03/2014 to 20/03/2014 Graham Hiscott, à ¢Ã¢â€š ¬Ã‹Å"Budget 2014: George Osborneà ¢Ã¢â€š ¬Ã¢â€ž ¢s recovery exposed as a conà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Mirror, 19 March 2014) https://www.mirror.co.uk/news/uk-news/budget-2014-george-osbornes-recovery-3258255 Accessed 19/03/2014 to 20/03/2014 [1] Alternative Dispute Resolution. [2] Resulting in new legislation, Access to Justice Act 1999. [3] Steve Hawkes , à ¢Ã¢â€š ¬Ã‹Å"Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s compensation culture is out of control, insurance chief warnsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Telegraph, 4 August 2013) https://www.telegraph.co.uk/finance/newsbysector/banksandfinance/insurance/10221301/Britains-compensation-culture-is-out-of-control-insurance-chief-warns.html [4] Chinwe Akomah, à ¢Ã¢â€š ¬Ã‹Å"ABI seeks à ¢Ã¢â€š ¬Ã‹Å"radicalà ¢Ã¢â€š ¬Ã¢â€ž ¢ action to tackle whiplash epidemicà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Post Online, 27 April 2012) https://www.postonline.co.uk/post/news/2170911/abi-outlines-radical-plans-tackle-whiplash-epidemic [5] R. Lewis, A. Morris and K. Oliphant, à ¢Ã¢â€š ¬Ã‹Å"Tort personal injury claims statistics: is there a compensation culture in the United Kingdom?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2006] JPIL 103. [6] à ¢Ã¢â€š ¬Ã‹Å"Jack Straw calls for reform of car insurance industryà ¢Ã¢â€š ¬Ã¢â€ž ¢ (BBC, 27 J une 2011) https://www.bbc.co.uk/news/uk-13922554 [7]Ray Massey, à ¢Ã¢â€š ¬Ã‹Å"Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢s whiplash capital: Compensation culture makes British twice as likely to claim, adding  £90 to premiumsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Daily Mail, 20 April 2013) https://www.dailymail.co.uk/news/article-2311979/Europes-whiplash-capital-Compensation-culture-makes-British-twice-likely-claim-adding-90-premiums.html [8] Association of British Insurers. [9] Association of Personal Injury Lawyers. [10] Master of The Rolls Lord Dyson, Compensation Culture: Fact or Fantasy? (Holdsworth Club Lecture, 15 March 2013) 6. [11]Ibid, Lord Dyson quoting BRTF, 4. [12] Ibid 11. [13] Ibid 8. [14] Implemented through s44 and s46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and Conditional Fee Agreements Order 2013. [15] Motto and others v. Trafigura Ltd and another [2011] EWCA Civ 1150. [16] [1980] AC 174. [17] Ibid. [18] P. Cane, Atiyahà ¢Ã¢â€š ¬Ã¢â€ž ¢s Accidents, Compensation and the Law (7th ed., Cambridge, 2006) 155. [19] Valentine v McGinty [2010] G.W.D. [20] Langford v Hebran [2001] EWCA Civ 361. [21] Fairley v Thomson [2004] Rep. L.R. 142. [22] Law Reform (Personal Injuries) Act 1948, s. 2(4). [23] Ibid (n 17) 155. [24] Ibid (n 17) 151. [25] John Hyde, à ¢Ã¢â€š ¬Ã‹Å"MoJ confirms plans for medical whiplash panelsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Law Gazette, 16 January 2014) https://www.lawgazette.co.uk/practice/moj-confirms-plans-for-medical-whiplash-panels/5039395.article [26] Civil Justice Council, Reducing the Number Costs of Whiplash Claims. [27] Ibid. [28] à ¢Ã¢â€š ¬Ã‹Å"Fraud à ¢Ã¢â€š ¬Ã¢â‚¬Å" December 2011à ¢Ã¢â€š ¬Ã¢â€ž ¢ (Weightmans, December 2011) https://www.weightmans.com/library/newsletters/fraud_-_december_2011/lvi_-_a_fresh_approach.aspx [29][2010] 9B106073 [30] Motor Investigation Unit. [31] [2005] EWCA Civ 1510. [32] [2006] EWCA Civ 1280. [33] Law Society, Reduci ng the number and costs of whiplash claims A consultation on arrangements concerning whiplash injuries in England and Wales (March 2013) 2. [34] C McIvor, à ¢Ã¢â€š ¬Ã‹Å"The Impact of the Jackson reforms on access to justice in personal injury litigationà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2011) CJQ. [35] LM Friedman à ¢Ã¢â€š ¬Ã‹Å"Access to Justice: Some Historical Commentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 2009 37(1) Fordham Urb. LJ Article 4, 7. [36] Ibid 9. [37] Ibid (n 30). [38] Ibid (n 30). [39] Ibid (n 31) 4. [40] Lord Jackson Reforms 2013. [41] Introduced through Simmons v Castle [2012] EWCA Civ 1039. [42] Ibid (n 31) 6. [43] Ibid (n 30). [44] CFA covers legal fees; however additional costs such as medical reports and court fees might have to be covered by the claimant in the even they lose their case. [45] Graham Hiscott, à ¢Ã¢â€š ¬Ã‹Å"Budget 2014: George Osborneà ¢Ã¢â€š ¬Ã¢â€ž ¢s recovery exposed as a conà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Mirror, 19 March 2014) https://www.mirror.co .uk/news/uk-news/budget-2014-george-osbornes-recovery-3258255

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Social media outlets can include Twitter, Snapchat, Instagram, Facebook, and YouTube. The ease and immediacy of technology allow for an increase in social interaction. This is mainly because social media allows

My Favorite Childhood Story

Question: Write about the "My Favorite Childhood Story". Answer: One of my best childhood memories while growing up in Thailand are the foods that we enjoyed with friends and family. In Thai culture, food is considered to be very important during social occasions. We enjoyed eating different varieties of fish, exotic rice cakes, noodles, meat, vegetables and fresh fruits. I remember the delicious snacks like spring rolls that we used to buy from the marketplaces. I personally adored pork rice, brown soup, and seaweed snacks. In Thailand, the people treat each other as if they all belong to one family and they actually believe that eating alone attracts bad luck. I used to enjoy lots of fried chicken and rice when invited by my schoolmates to celebrate at their homes and I would always get excited when such opportunities showed up. Thai nationals are very generous and would always share valuable things even with strangers. My childhood experiences taught me the importance of treating everyone equally as one family. We all need to treat others with respect, the same way we would wish to be treated just like Thai people. We also need to reach out and help others in society instead of leading individualistic lives. In Thailand, a person could literally give away his clothing to a stranger who admired it. The Thai people are very compassionate, a quality that everyone needs to emulate. Encouraging and helping other people to live comfortable lives is an important life lesson that we can learn from the Thai culture. References FRIEDMAN, M. (2015). Thailand. KRAUSS, S., SANGUANWONG, V., GANGUILLET, L. (2015). Food of Thailand. North Clarendon, Vermont, Tuttle Publishing. https://public.eblib.com/choice/publicfullrecord.aspx?p=4206339.

International Business for Services and Managerial Knowledge

Question: Discuss about theInternational Business for Services and Managerial Knowledge. Answer: Introduction International business conducts the business transactions in different countries. These transactions deal with the transfer of technology, services, managerial knowledge, goods, and business capitals. The cultural differences in the international countries are considered as the major determinants due to which the foreign business marketers sometimes face the considerable challenges (Samaha, Beck Palmatier, 2014). In this study, the cultural market of USA will be discussed. The study would provide the fruitful insights on the culture of the host country. The analysis of the different cultural components would also be presented in this study. In addition to this, the study would discuss the business culture of the host country. The use of Hofstedes Dimension Model would consider the business operations of the foreign countries within the different cultural scenario. Rationale for Selecting USA Cultural Market USA cultural market has been dominating the economic zone of the country. US market consists of 300 million consumers due to which it is considered as the largest market in the world (Mazaheri et al., 2014). The business opportunities and the favorable business markets are attracting many foreign countries to establish their businesses. Even though the country contains only 4% of the global populations, it has captured almost 25% of the global economic output. USA is one of the richest countries in the world that is quite opportune for the foreign business marketers to earn more profits (Keywords.nyupress.org, 2017). USA culture is comparatively homogenous. It is considered as one of the most diverse countries with the presence of huge number of ethnicities and languages. English is the international language for the foreign businesses. It has been observed that 97% of the populations are fluent in English, which is much beneficial for the business dealings. Therefore, the study woul d focus on the exploration of USA cultural market. Cultural Analysis of USA United States of America, widely known as the Land of the Free and Home of the Brave, is much diverse in the cultural parameter. The immense landscape is much luxurious and sophisticated, which is much opportune for the business marketers to select the potential consumers. The cultures of the country are transmitted in variety of ways starting from migration and recruitment. American culture is diverse in nature and consists of people from different ethnicity, religions, and political background. The group of the indigenous people is also visible within America (Bakir et al., 2015). The favorable magnitude is also a considerable factor for the existence of numerous subcultures in America. The cultural analysis of America depends on three major levels, such as the observable artifacts, enacted values, and espoused values. The observable artifacts comprise of the ceremonies, symbols, social spectacles, and linguistic values. The espoused values include goals, strategies and philosophie s that differ from the other cultures. The enacted values, on the other hand, depict the apparent influences on the US cultures. The combination of the artifacts, enacted values, and espoused values together formulate the cultural diversification in America. Business Cultures in America Appropriate etiquette and cultures are the most important factors to be considered in the business scenario. The American business cultures are different to the etiquettes maintained in other countries (Ferraro Briody, 2017). It is notable that America is the melting pot of cultures and there are no accepted rules followed. People in America are much concerned about their personal attributes and conscious about others personal spaces. Therefore, American companies do not encounter much conflict. On the contrary, in the Asian culture, people are more likely to work together and indulge with others works as well. The conflicting scenario is more visible in Asia than America (Mazanec et al., 2015). The seriousness among the business associates in America is also much favorable for the development of organisations. Americans greet people with more commendable manner than the other countries. The informal behaviour outside the corporate environment is much visible in American culture. Ab ove all, the greeting and the acceptability of the other cultures for the business dealings are remarkable enough to establish the business in America. Hofstedes Cultural Model Working in the foreign country requires gathering the insightful knowledge about the cultural traits. It is essential to identify the cultural suitability before establishing any business for a longer time. The analysis of the Hofstedes cultural dimensions would be much preferable to identify the major considerations for establishing the foreign business in USA. Figure 1: Hofstedes Cultural Dimension (Source: Hofstede-insights.com, 2017) Power Distance The power distance is the dimension, which determines the inequality between the people within a society. It also expresses the measurement of the power for understanding the business requirements. America scores 40 in this dimension, which is moderate for the foreign business. It indicates that the foreign businesses need to consider the power of the societies inequalities, which are endorsed mostly by the followers than the leaders (Stahl Tung, 2015). Individualism The individualism dimension determines the degree of the interdependence maintained by the members of the society. America score 91 in this dimension, which is quite higher. It depicts that the Americans follow the idea of liberty and justice for all. They value the people more, which is quite favorable for developing the business atmosphere and achieving success. Masculinity The high score in the masculinity dimension indicates that the society is much driven by the competition, success and achievement. It is noticed the score of America in this dimension is 62, which is quite higher. Therefore, the foreign business has the favorable chances to make progress in their businesses. Uncertainty Avoidance This uncertainty avoidance dimension considers the fact that the society often requires dealing with uncertain situations in future. America scores 46, which is below the average that creates impacts on the cultures (Hofstede-insights.com, 2017). Hence, the foreign business would ensure the success in establishing the business in America. Long Term Orientation The long-term orientation determines the maintenance of the links with the past while dealing with the challenges in present and future. America scores 26 in this dimension, which considers that the country is much fond of generating ideas from the new information. The innovative thinking is the major strength for the country that is much favorable for the business expansion of the foreign countries as well. Indulgence This dimension defines the extent to which people try to control the impulses and desires. In this dimension, USA scores 68, which is the combination of the normative score. The country believes in working hard to achieve their desires. Hence, it can be implied that the contradictory attitudes and behaviour are much visible in Americans. Conclusion The study explores the cultural analysis of America. It is notable that America is one of the largest countries that as developed the cultural diversification. American culture is diverse in nature and consists of people from different ethnicity, religions, and political background. The group of the indigenous people is also visible within America. The favorable magnitude is also a considerable factor for the existence of numerous subcultures in America. The proper and favorable cultural traits along with the sophisticated business scenario are much favorable for the foreign countries to establish business in America. References Bakir, A., Blodgett, J. G., Vitell, S. J., Rose, G. M. (2015). A preliminary investigation of the reliability and validity of Hofstedes cross cultural dimensions. InProceedings of the 2000 Academy of Marketing Science (AMS) Annual Conference(pp. 226-232). Springer, Cham. Ferraro, G. P., Briody, E. K. (2017).The cultural dimension of global business. Taylor Francis. Hofstede-insights.com, (2017).Country Comparison - Hofstede Insights. [online] Hofstede Insights. Available at: https://www.hofstede-insights.com/country-comparison/the-usa/ [Accessed 4 Oct. 2017]. Keywords.nyupress.org, (2017).Market | Keywords for American Cultural Studies. [online] Keywords.nyupress.org. Available at: https://keywords.nyupress.org/american-cultural-studies/essay/market/ [Accessed 4 Oct. 2017]. Mazaheri, E., Richard, M. O., Laroche, M., Ueltschy, L. C. (2014). The influence of culture, emotions, intangibility, and atmospheric cues on online behavior.Journal of Business Research,67(3), 253-259. Mazanec, J. A., Crotts, J. C., Gursoy, D., Lu, L. (2015). Homogeneity versus heterogeneity of cultural values: An item-response theoretical approach applying Hofstede's cultural dimensions in a single nation.Tourism Management,48, 299-304. Samaha, S. A., Beck, J. T., Palmatier, R. W. (2014). The role of culture in international relationship marketing.Journal of Marketing,78(5), 78-98. Stahl, G. K., Tung, R. L. (2015). Towards a more balanced treatment of culture in international business studies: The need for positive cross-cultural scholarship.Journal of International Business Studies,46(4), 391-414.