Sunday, May 24, 2020

Principles of Liability in Negligence in Business Activities - Free Essay Example

Sample details Pages: 10 Words: 2913 Downloads: 6 Date added: 2017/06/26 Category Business Essay Type Research paper Level High school Did you like this example? Assignment 2 of 2 Aspects of Contract and Negligence for Business Ingrida Miseviciute Table of Contents Task 1 (AC3.1)1 Task 2 (AC3.2)2 Task 3 (AC3.3)3 Task 4 (AC4.1)4 Task 5 (AC4.2)5 References6 LO 3 Understand principles of liability in negligence in business activities Task 1 (AC 3.1) Liability in Tort Contractual liability Definition: Don’t waste time! Our writers will create an original "Principles of Liability in Negligence in Business Activities" essay for you Create order A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, a breach of duty as in negligence, or due to a violation of statutes. Explanation: The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be à ¢Ã¢â€š ¬Ã…“liableà ¢Ã¢â€š ¬Ã‚  or responsible for a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s injuries will likely be required to pay damages. Damages: Under most tort laws, the injury suffered by the plaintiff does not have to actually be physical. A tortfeasor may be required to pay damages for other types of harm, including emotional distress or a violation of personal rights. Types: Joint Liability Vicarious Liability Liability to/for Third Parties Plaintiff/victim Liability Strict Liability Parent Liability. Definition: Contractual liabilityis defined as liability that does not arise by way of negligence, but by assumption under contract or agreement. Explanation: A contract is a legal binding agreement between two or more persons. When you sign, or agree to the terms of a contract, then you have accepted the contractual liabilities set forth in the document. Damages: Liabilities are things that you can be held accountable for, and may have to repay or replace, in the event that they occur. For example, a renterà ¢Ã¢â€š ¬Ã¢â€ž ¢sagreement may state that, If upon moving out of the premises stated in the contract, any part of the premises is destroyed, you may be accountable for and have to pay to repair, or replace the damage. Types: Contractual liability can take many forms, but is basically holds you accountable for damages that are stated in the contract. For example, Commercial contracts, domestic contracts and so forth. Task 2 (AC3.2) Negligenceis a failure to use reasonable care that results in harm to another party. There are four important elements to a negligence lawsuit that must be proven: The defendant owed a duty, either to the plaintiff or to the general public The defendant violated that duty The defendants violation of the duty resulted in harm to the plaintiff The plaintiffs injury was foreseeable by a reasonable person. Donohughe V Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland in 1928, when Ms May Donoghue was given a bottle of ginger beer, purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass, Donoghue was not aware of the snail until she had consumed most of its contents. She later fell ill and was diagnosed with gastroenteritis by a doctor. Donoghue subsequently took legal action against the manufacturer of the ginger beer, Stevenson. She lodged a writ in the Court of Sessions (Scotlandà ¢Ã¢â€š ¬Ã¢â€ž ¢s highest civil court) seeking  £500 damages. Because her friend had purchased the drink, Donoghue could not sue on the basis that a contract had been breached; her lawyers instead had to claim that Stevenson had a duty of care to his consumers and that he had caused injury through negligence à ¢Ã¢â€š ¬Ã¢â‚¬Å" an area of civil law that was largely untested at that time. Stevensonà ¢Ã¢â€š ¬Ã¢â€ž ¢s lawyers challenged the action on the basis that no precedents existed for such a claim. However Donoghue was later granted leave to appeal to the House of Lords, which then had the judicial authority to hear appellate cases. The leading judgement, delivered by Lord Atkin in 1932, established that Stevenson should be responsible for the well-being of individuals who consume his products, given that they could not be inspected. The case was returned to the original court; Stevenson died before the case was finalised and Donoghue was awarded a reduced amount of damages from his estate. This case established several legal principles: Firstly, that negligence is a distinct tort. A plaintiff can take civil action against a respondent, if the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence causes the plaintiff injury or loss of property. Previously the plaintiff had to demonstrate some contractual arrangement for negligence to be proven, such as the sale of an item or an agreement to provide a service. Since Donoghue had not purchased the drink, she could prove no contractual arrangement with Stevenson à ¢Ã¢â€š ¬Ã¢â‚¬Å" yet Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement established that Stevenson was still responsible for the integrity of his product. Secondly, manufacturers have a duty of care to consumers. According to Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s ratio decendi, à ¢Ã¢â€š ¬Ã…“a manufacturer of products, which he sells à ¢Ã¢â€š ¬Ã‚ ¦ to reach the ultimate consumer in the form in which they left him à ¢Ã¢â€š ¬Ã‚ ¦ owes a duty to the consumer to take reasonable careà ¢Ã¢â€š ¬Ã‚ . This precedent has evolved and expanded to form the basis of laws that protect consumers from contaminated or faulty goods. Thirdly, Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s controversial à ¢Ã¢â€š ¬Ã‹Å"neighbour principleà ¢Ã¢â€š ¬Ã¢â€ž ¢. Here Atkin raised the question of which people may be directly affected by our actions, our conduct or things we manufacture. à ¢Ã¢â€š ¬Ã…“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought to have them in [mind] when I am I am [considering these] acts or omissions.à ¢Ã¢â€š ¬Ã‚  Task 3 (AC3.3) Vicarious liability is a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also carries his or her own share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control. If an employee injures someone in the course of their employment, the employer may be subject to vicarious liability. This simply means that the injured person may be able to win compensation for the harm from the employer, rather than the employee. This is not to say, though, that the employee can always count on getting away scot-free. Even if there is vicarious liability, the injured person does not necessarily give up any right he may have to pursue the employee individually. If, for some reason, the injured person is unable to get full compensation from the employer, then he might seek to recover the balance from the employee. In addition, the employer may well seek reimbursement for any amount paid to the injured person (although in practice this rarely occurs). Generally, employers dispute vicarious liability claims on the following grounds: The person who caused the harm was not an employee, but an independent contractor or other non-employee worker; The employee did not harm the injured person in the course of the employees employment. An illustration of the test is provided by two contrasting cases, [Limpus v London General Omnibus Company] and [Beard v London General Omnibus Company], both involving road collisions. In the former, a driver pulled in front of another rival omnibus, in order to obstruct it. Despite express prohibitions from the employer, they were found liable; this was merely an unauthorised mode of the employee carrying out his duties (driving), not an entirely new activity. By contrast, in the la tter case, London General Omnibus Company were not liable where a conductor (employed to collect fares on board the bus) negligently chose to drive the vehicle instead; this was completely outside of his duties. LO 4 Be able to apply principles of liability in negligence in business situations Task 4.1(AC4.1) A tort, in common law jurisdictions, is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the act. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Tort law is different from criminal law in that: (1) to rts may result from negligent but not intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who caused the harm was acquitted in an earlier criminal trial. For example, O.J. Simpson was acquitted in criminal court and later found liable for the tort of wrongful death. Torts may be categorized in several ways, with a particularly common division between negligent and intentional torts. The standard action in tort is negligence. Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The elements in determining the liability for negligence are: The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle. There was a dereliction or breach of that duty. The tortfeasor directly caused the injury [but for the defendants actions, the plaintiff would not have suffered an injury]. The plaintiff suffered damage as a result of that breach. The damage was not too remote; there was proximate cause to show the breach caused the damage. Elements of Negligence Proximate cause Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for. The defence may argue that there was a prior cause or a superseding intervening cause. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. Duty of care It arises when one party creates a scenario that has the potential to harm the other party. Duty focuses on relationship between the two parties: The test whether the defendant owes a duty of care to plaintiff includes: Would a reasonable person have foreseen that the actions would have caused harm to the plaintiff? Reasonable person represents an objective standard. Breach of duty Breach of duty occurs when a à ¢Ã¢â€š ¬Ã…“reasonable personà ¢Ã¢â€š ¬Ã‚  is not exercising the degree of care that would have expected from him/her in that situation. Reasonable person is an average person. It does not require perfection, but takes into account that an average person does not foresee every risk. The average person is not assumed to be flawless, but ordinarily careful and prudent. Actual Harm Actual harm could be in the form of physical or emotional injuries, property damages or financial loss. The main remedy against tortious loss is compensation in damages or money. According to the scenario, Chris was in an internet cafe. He got up to purchase a coffee and was slipped on some water that was on the floor and broke his arm. This depends upon the intention of Chris. If Chris slipped intentionally and did foresee this accident, then the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢ will not be responsible for the damages caused. If this is not the case, t hen the elements of negligence need to be applied to see if Chris can claim the damages. Negligence is important aspect to look at, means that the defendant (the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢) failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect that the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢ placed a warning signs in recently mopped areas or wet surface. If this is not done, then it means that the cafeà ¢Ã¢â€š ¬Ã¢â€ž ¢ did not fulfil the duty of care. Chris can claim damages as a result of it as he slipped and broke his arm. There are various implications on the scenario in terms of duty of care, negligence (intentional or otherwise) and it is up to the court to decide the outcome. Task 5 (AC4.2) Two clear elements must be established in order to establish a vicarious liability: Was the tortfeasor the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. The existence of a relationship of employer and employee Many tests have been suggested for distinguishing between a contract of service and a contract for services. These include: Control test Ready Mix Concrete Ltd v Minister of Pensions and National Insurance (1968) Integration test à ¢Ã¢â€š ¬Ã¢â‚¬Å" Stevenson Jordan Harrison Ltd v MacDonald Evans (1952) Organisation Test à ¢Ã¢â€š ¬Ã¢â‚¬Å" Albrighton v Royal Prince Alfred Hopital (1980) à ¢Ã¢â€š ¬Ã…“The ultimate question will always be whether a person is acting as the servant of another or on his own behalf and the answer to that question may be indicated in ways which are not always the same and which do not always have the same significanceà ¢Ã¢â€š ¬Ã‚ . Conclusion as to whether defendant is an employer or contractor. If the defendant is an independent contractor the employer canà ¢Ã¢â€š ¬Ã¢â€ž ¢t be vicariously liable for the acts of that contractor. The employer will only be liable (as a primary liability) if the employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s tortious duty is, in law, non-delegable: Kondis v STA; Burnie Port Authority v General Jones Pty Ltd. Was the employee acting within the course of employment? General rule is that whilst acting in the course of employment the employer is not vicariously liable for independent wrongful acts of employees (Bugge Brown). In determining the scope of the employment relationship the actions of the employee must be reasonably incidental to employment i.e. the employer is not vicariously liable if the employee is on a frolic of their own (Joel v Morison). (Situations to consider the necessary authorities) Wrongful mode of completing authorised act à ¢Ã¢â€š ¬Ã¢â‚¬Å" employer vicariously liable (Bugge Brown) Express prohibition by employer not necessarily a defence if the employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s act was still a mode of doing what he employee was employed to do à ¢Ã¢â€š ¬Ã¢â‚¬Å" employer vicariously liable (Century Insurance Company v Northern Island Road Transport). Acting outside scope of employment relationship à ¢Ã¢â€š ¬Ã¢â‚¬Å" employer not vicariously liable (Koorang Investments v Richardson). Driving cases For example, there are a number of truck driving cases where the court has had to decide whether the driver was acting within the course of his employment when driving the vehicle outside a designated route. Essentially, the pattern seems to be that if the drivers job is to get from Point A to Point B, and his detour from the designated route was simply another way of getting to Point B, then he is acting within the course of his employment. On the other hand, if the driver takes a detour for some other, non-business purpose (such as picking up a girlfriend and taking her shopping) then he would likely be regarded as acting outside the course of his employment. According to the scenario, Trevor is a driver who drives a lorry for a Haulage firm. He delivers deliveries for the company which suggests that he is an employee of the firm. Whilst at work, he detours the lorry and meets his girl friend. This is a non business purpose which means he is acting outsi de the scope of his duties. As he leaves his girlfriendà ¢Ã¢â€š ¬Ã¢â€ž ¢s house to continue deliveries, he negligently crashes into a car park. As stated above, two conditions must be met in order to establish a vicarious liability: was the tortfeasor the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. In this case, the tortfeasor was Chris and the defendant is the Haulage firm. Chris was an employee and also he was acting in the course of his employment to meet his girlfriend and later on crashes his lorry. The vicarious liability is established and hence Chris is liable and not the haulage firm. References Tort Liability (2014). Available: https://www.legalmatch.com/law-library/article/tort-law-liability.html. [Last accessed 10 March, 2014] Donoghue V Stevenson (1932). Available: https://lawgovpol.com/case-study-donoghue-v-stevenson-1932/. [Last accessed 12 March, 2014]. Negligence (2014). Available: https://www.lawyersandsettlements.com/lawsuit/negligence.html?opt=cutm_expid=36075225.Uj6X3hD9S1KR79nt0Iy0tA.1utm_referrer=https%3A%2F%2Fwww.google.co.uk%2F#.UySBAj9_sSM. [Last accessed 12 March, 2014] Accidents and injuries (2014). Available: https://www.findlaw.co.uk/law/accidents_and_injuries/accident_claims/500045.html. [Last accessed 13 March, 2014] Vicarious Liability (2014). Available: https://en.wikipedia.org/wiki/Vicarious_liability_in_English_law. [Last accessed 13 March, 2014] Breach of duty (2014). Available: https://en.wikipedia.org/wiki/Breach_of_duty_in_English_law. [Last accessed 14 March, 2014] Tort (2014). Available: https://en.wikipedia.org/wiki/Tort. [Last accessed 14 March, 2014] Eustace, D, (2007) Negligent Misstatement à ¢Ã¢â€š ¬Ã¢â‚¬Å" Dillon Eustace. Keenan, D., and Smith, K., (2006) Law for Business (13th Edition) Pearson Education Limited. McKendrick, E. Contract Law (2000). fourth edition. McMillan. Basington. Poole, J. Casebook on Contract Law (2001). 5th edition. London. Vickneswaren, K., (1997) Obligations: Contract Law (1st Edition) Old Bailey Press: London. Page 1 of 12

Monday, May 18, 2020

Relative Adverbs Definition and Examples in English Grammar

A relative adverb is an adverb (where, when, or why) that introduces a relative clause, which is sometimes called a relative adverb clause. Examples and Observations It must be wonderful to live in a safe and timeless place, where you know everyone and everyone knows you, and you can all count on each other.(Bill Bryson, The Lost Continent. Harper and Row, 1989)This Hollywood restaurant is one of the quintessential power spots, especially on Mondays, when stars abound and tourists are discouraged.The reason why so many wealthy Americans come to Europe is to avoid this obligation to work.(Alexis de Tocqueville, Democracy in America, 1840)When I am run down and flocked around by the world, I go down to Farte Cove off the Yazoo River and take my beer to the end of the pier where the old liars are still snapping and wheezing at one another.(Barry Hannah, Water Liars. Airships. Knopf, 1978)On my first night in town I went to a restaurant called Cock-of-the-Walk, where they had deep-fat-fried catfish and deep-fat-fried every other thing you can think of on earth including—seriously—deep-fat-fried pickles. Theyre delicious.(P.J. ORourke, W hitewater. Age and Guile, Beat Youth, Innocence, and a Bad Haircut. Atlantic Monthly Press, 1995) Functions of Relative Adverbs The relative adverbs where, when, and why also introduce adjectival clauses, modifiers of nouns denoting place (where clauses), time (when clauses), and of the noun reason (why clauses): Newsworthy events rarely happen in the small town where I lived as a child,We will all feel nervous until next Tuesday, when results of the auditions will be posted.I understand the reason why Margo got the lead. (Martha Kolln, Rhetorical Grammar: Grammatical Choices, Rhetorical Effects. Pearson, 2007) Relative Adverbs in Restrictive and Nonrestrictive Clauses The relative adverbs where, when, and why are exemplified [below] in [20]-[22]. Of these citations, [20] is non-restrictive and [21]-[22] are restrictive: [20] A similar scenario occurs around the margins of the Amazon basin, where farmers are forced to encroach onto the forest margins in order to subsist. [W1A-013-62][21] We hear little of the day-to-day successes but only of the odd occasion when conflict arises [S2B-031-53].[22] But that was one reason why I never wanted to do that again actually [S1A008-63] The relative adverbs can be replaced by relative pronouns or by prepositional phrases with relative pronouns as complements. (Sidney Greenbaum, Oxford English Grammar. Oxford University Press, 1996)She smoked in the bathtub, where wed find her drowned butts lined up in a neat row beside the shampoo bottle.(David Sedaris, Diary of a Smoker. Barrel Fever. Back Bay Books, 1994)Oh, give me a home where the buffalo roamWhere the deer and the antelope play;Where seldom is heard a discouraging word,And the sky is not cloudy all day.(Brewster Higley, Home on the Range)The reason why worry kills more people than work is that more people worry than work.But when the place where she played became too well known, she began to sing with an accompanist, became a star, moved to a larger place, then downtown, and is now in Hollywood.(Langston Hughes, The Big Sea, 1940)A line of people filed through the parlor where, among lace whirligigs, Jacks coffin rested on black-draped sawhorses.(E. Annie Proul x, The Shipping News. Simon and Schuster, 1993) Alternatives to Relative Adverbs Like relative pronouns, relative adverbs introduce relative clauses. - The relative adverb when is used to modify a noun phrase of time. Such noun phrases include nouns that denote periods of time such as, day, week, hour, minute, month, year, and similar events.- The relative adverb where is used to modify a noun phrase of place, location, or space.- The relative adverb why is used to modify a noun phrase with the noun reason ...The relative pronouns that or on which can be substituted for the relative adverb when... The relative pronouns which and that can be substituted for the relative adverb where. When which or that is used, a preposition of place must be included.(Andrea DeCapua, Grammar for Teachers: A Guide to American English for Native and Non-Native Speakers. Springer, 2008) Relative Adverb Clauses Relative adverb clauses are subject and predicate (finite verb) structures carrying out the grammatical functions attributed to an adverb modifier. They are introduced by the relative adverbs when, where, and why, expressing such meanings as time, place, and reason. They differ from relative adjective clauses only with regard to the grammatical functions that the pronouns carry out within their own clauses. Similarly, these relatives carry out the grammatical function of connector. As sentence constituents they both modify or refer back to an antecedent in the independent clause, which is a noun or its replacement. (Bernard ODwyer, Modern English Structures: Form, Function, And Position, 2nd ed. Broadview Press, 2006)The relative adverb where begins a clause that modifies a noun of place. For example, My family now lives in the town where my grandfather used to be sheriff. The relative pronoun where modifies the verb used to be, but the entire clause modifies the noun town.A when cla use modifies nouns of time. For example, My favorite day of the week is Friday, when the weekend is about to begin.A why clause modifies the noun reason. For example, Do you know the reason why school is out today? Sometimes the relative adverb is left out of these clauses, and the writer substitutes that instead. For example, Do you know the reason that school is out today? (James Stroman et al., Administrative Assistants and Secretarys Handbook. Amacom, 2004)

Thursday, May 14, 2020

Adelphia Lying, Cheating, and Stealing - 920 Words

Lying, Cheating and Stealing Lying, Cheating and Stealing White collar crime is not a victimless crime. People’s lives can be ruined through the loss of a job, loss of savings and loss of assets. It is hard to not hear about white collar crime when looking at news. While not a justification for illegal actions, pressure is very high for companies to perform well and show growth. This pressure can lead people to commit crimes to falsify results or to enrich themselves. Laws and regulation, such as Sarbanes-Oxley have been implemented to provide greater transparency and accountability. However, the crime has become more sophisticated and complex. Many examples of such crimes involve greed and feelings of entitlement. One such†¦show more content†¦Another son, Michael, only got 10 months under house arrest. In 2008, John and Timothy Rigas were back in appeals court, where one of their 23 fraud sentences was thrown out. Their lawyer argued that their prison terms were unfair. Rigas, 86, had his sentence dropped to 12 ye ars. I find it very interesting that white collar criminal punishment, many incidents involve vast sums of money, seem to get small punishment. Mr. Rigas only was sentenced to 12 years in prison. However, I do think that laws, and the application of those laws, should always be consistent. If someone is unhappy about a law then they should try to change the law. It is possible that if laws and punishment was more severe perhaps less white collar crime would be committed. I think the punishment in the Rigas case was fair. While it may seem light, the law was followed. The Rigas family no longer owns Adelphia and they are serving time in prison. At Mr. Rigas’ age it could very well be a life sentence. One ethical issue that comes to mind is the money John Rigas took from the company to support a lavish lifestyle. All the while he was concealing a huge amount of debt. This fraud cost investors a great deal of money when the share price completely collapsed (from $67 to 15 cents). While the crime is not violent, it caused a great deal of harm to people that lost the money involved. I feel that punishment for white collar crime will beShow MoreRelatedHow Ethics Influences Leadership1596 Words   |  7 Pagesour country’s early years and then true success will follow (Covey, 2004). To get a gauge on today’s societal concerns we only need look back a few years to find an alarming trend of leadership disasters such as Enron, Tyco, WorldCom, and Adelphia brought on by corporate greed and the lack of ethical standards in the business world. Though the signs of ethical decay did not rest with the business world, during this same period American’s also had to face such let downs as the Catholic Church’sRead MoreRole of Criminology in Determining the Emerging Patterns of Corporate Crime3821 Words   |  15 Pagessubject for any of them. In Michael Isikoffs and Mark Hosenballs Newsweek article Cracks in the Wall, they define the Clintons connections with Whitewater and the likely effects of them: The Senate Whitewater committee is contemplating asking for lying under oath charges against Susan Thomas and Maggie Williams, Mrs. Clintons chief of staff, in association with her statement regarding the removal of documents from Vince Fosters offi ce (Isikoff ). This case goes to show that there presently a growingRead MoreEthical Misconduct7357 Words   |  30 Pagesorganizations with a strong ethical culture said they have witnessed misconduct. The NBES defines misconduct as any behavior that violates the organizations ethics standards or the law. Abusive or intimidating behavior toward employees (21 percent) and lying to employees, customers, vendors, or the public (19 percent) were the two most common types of misconduct observed by survey participants. Other lapses in ethical behavior observed by respondents include: * A situation that places employee interestsRead MoreFraud Triangle15238 Words   |  61 Pagesinto a restitution agreement to pay back the remaining $250,000 she still owed. And, because she hadn’t paid income taxes on the $250,000 of fraudulent â€Å"income,† the IRS required her to make monthly tax payments after she got out of prison. In the Adelphia case, it was the personal financial problems of John Regas (personal debt of $66 million), including the need to meet margin calls and fund poorly performing closely-held companies, that led to his alleged frauds. The fact that someone has beenRead MoreStephen P. Robbins Timothy A. 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Wednesday, May 6, 2020

The Controversy Surrounding Breastfeeding A Review And...

In the world of supermodels and Kardashians, one thing the world is definitely lacking is modesty. It’s hard to even go out into the city without seeing a scantily clad woman on a billboard. There seems to be no problem with nudity in the public places, and yet if a breastfeeding mother sits down to feed her child, it’s immodest and should be done in a separate room. The controversy surrounding breastfeeding is one consisting of hypocrisy and childishness. Breastfeeding is a natural part of life, and yet women are expected to take their child into the bathroom to feed them even though they would not normally eat in the bathroom themselves. This is an opinion that needs to be changed, whether that change is met with opposition or not. One of the things fueling the force against breastfeeding in public is that not a lot of people know how beneficial breastfeeding over formula feeding is for the child. According to The Economic Benefits of Breastfeeding: A Review and Analy sis Written by Jon p. Weimer, the majority of the American infants were breastfed up until around 1950. In the last 50 years alone, breastfeeding has changed significantly with the creation of synthetic formula, causing the number of infants being breastfed to dwindle off. Between 1946 and 1956, the number of infants being breastfed fell by half, and by 1967 only 25% of America’s infant population was being breastfed at the time of hospital discharge. The numbers proceeded to increase and decrease in the

Management of Information within an Organization Research Paper

Essays on Management of Information within an Organization Research Paper The paper "Management of Information within an Organization" is an excellent example of a research paper on management. This research paper aims at helping the company managers to explore the management of information within an organization and particularly its objectives and learning outcomes expected from this study of a portfolio is to be able to demonstrate competence in the management of varying methods that are used in collection and analysis of research and the underpinning rationale for their application. Another objective is to be able to manage the synthesis of information and/or data by the use of appropriate procedures and technologies, while at the same time being able to appreciate and comprehend the role of information systems in the maintenance of accurate and secure information for the modern organizational environment. This paper also would enable business managers to demonstrate practical skills in utilizing a wide range of IT tools for dissemination, analysis, and presentation of data and information.TASK 1/PART A-MANAGEMENT OF INFORMATIONScenario 5: Promotions/EventsYou are managing a small independent promotions organization based in a suburb of Birmingham.You provide and promote a wide range of events and conferences across the city making use of a range of different venues which you can book as necessary. The company produces a series of themed brochures and publicity material, operates a web site for the benefit of customers and takes bookings through the Internet and by telephone. The events you promote cover a sphere of activities from drama and music to sport and specialist conferences.You have three members of staff working for you in the office and a telesales team. You, as a manager, have overall responsibility for the IT systems within the organization.PORTFOLIO 1-FIND THE BEST CUSTOMERSSearch for the company’s best customers. You will use this to identify customers to contact with special offers. Selecting appropriate fie lds to make this a user query, find all the previous customers (yes in criteria) who have also paid their balance. Sort the query by surname.Save the query with an appropriate name including your name and print it. Put it in your portfolio. Close the query. Remember that the assignment task also requires you to explain the business reason for your query, the search criteria you used, and your reason for selecting the query the specific fields and an explanation of how this function helps your business to be more efficient.PORTFOLIO 2-USING TWO TABLES IN THE SAME DATABASE IN ORDER TO USE COMBINED DATAYou are now going to import another table into your database. This table contains a selection of events. By storing the two sets of data in one database, you can use them together to show combined information: for example the customer details, their chosen event, and cost.In order to link the two tables so that you can achieve this flexibility, each record in the event table must have a unique reference number, this is also displayed in the customer table, thus identifying which event the customer has chosen.

Boy in Stripped Pyjamas free essay sample

A child, without question, would view what happens at Auschwitz as wrong. While adults may place rationalization upon justification to it, a childs viewpoint is direct and simple about it. When Pavel gets beaten (and possibly dies) for spilling a drink on Lieutenant Kotler, Bruno questions why no one stood up for him and stopped it. To an adult, they would make up some explanation as to why he was beaten which would be, because Pavel was a servant (possibly a Jew) and he got done to him what he deserved. But to a child, to be beaten for such a simple thing was wrong. If Bruno had done the same thing, the most he could have gotten was a slap on the wrist. But in reality, it was much worse. Brunos curiosity is what led him to enter an Out-of-Bounds and No Exceptions territory, the fence. This led to Shmuel and their friendship. We will write a custom essay sample on Boy in Stripped Pyjamas or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Because of their friendship, the author can also describe the horrors inside the camp not just as it is living outside. For example, when Shmuel is ordered to polish the glasses, he was caught stealing food and when Shmuel and Bruno met once again, there was evidence that he was beaten as a punishment. If Bruno was never friends with Shmuel, he would never have been able to guess what would be happening in the camp, and the readers could only leave everything up to their imagination. Though Bruno kept his innocence throughout the whole book, even as they were being gassed, he was still holding Shmuels hand as they were together, holding their friendship. Brunos innocence and his friendship with Shmuel shows how friendship can flourish even if they were just two nine year olds trying to make sense of their surroundings. They neither had the education nor the instinct to determine the situation that was surrounding them, which was the holocaust. But in the end, they were just among the millions of innocent people caught up in it. Bruno and Shmuel helped the author to portray the holocaust in an positive view by taking two people, from different backgrounds and placed hem in the same place separated by a fence and made them the most best friends. To summarise, Brunos innocence and his friendship with Bruno help the author write about the holocaust because his innocence is unprejudiced and naive, he sees what he sees. His friendship with Shmuel would also help a lot because not only does it display both sides, how the holocaust affects the Germans as well as the Nazis, it also helps the author to add a little positive influence which is to even in hard times, good things can happen.

Tuesday, May 5, 2020

The Effects of British Colonisation on Indigenous Australians free essay sample

There are many effects of British colonisation on Indigenous Australians. One of the worst impacts was the loss of land. The land is the sole provider of food, medicine and other basic needs to Indigenous Australians. It is also the main part of their spiritual and cultural beliefs. The Indigenous Australians lived ‘nomadic’ lifestyles. They lived in tribes that moved around, using only what they needed, recycling what they could, and moved on when they felt that the resources at the site had been exhausted. This gave the site time to recover and recuperate, and so, their resources never ran out. To the Europeans, land stated how wealthy the owner was, and they linked land ownership with power. The more fertile land you owned, the wealthier and more powerful you were considered to be. This, of course, did not apply to all Europeans who came to Australia, as most were convicts who were given land to farm and provide food for their community. We will write a custom essay sample on The Effects of British Colonisation on Indigenous Australians or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When the Europeans came to Australia, their main aim was to build another colony, as well as find another place to situate their convicts. There were many reasons for the British to build extra colonies. These reasons include politics, religion and economics. Politics plays a very important part in colonialism. Extra colonies provided status, power and influence over the settlers, for the colonizer. This power enabled other effects of colonisation to take place, e. g. the spreading of religion Religion was a vital part of everyday life for the British. They felt that they had been ‘burdened’ with the task of having to spread their faith – Christianity. When the British had come into contact with the Aboriginals, they tried to ‘save’ them by introducing them to their religion, however, the Aboriginals had their own religion – the dreamtime. Building extra colonies also provided access to more natural resources, goods for trade and opened new markets for trading around the world. This provided even more wealth, and increased the economic status of many countries. When the British had ‘invaded’, many indigenous communities were forced off their land, which they considered sacred. In the early 19th century, many settlers took vital parts of the Aboriginal land, such as waterholes and soaks. By the 1870’s, all fertile land had been distributed. Many communities were reduced to living on the borders of British owned land, or on lands that were infertile, and considered unsuitable for settlement. As a result of the loss of land, the number of Aboriginal communities and the number of Aboriginals were greatly reduced. Consequently, they lost essential resources such as food and water, as there was less land to move around in, and less time for the land to recuperate. There are many effects of British colonisation on Indigenous Australians. Some of these were good, some others were bad, but the loss of land was one of the worst.