In Donoghue v Stevenson (1932) Lord Atkin attempted to create a basic Essay

In Donoghue v Stevenson (1932) Lord Atkin attempted to create a basic principle which could be used in all cases to decide whether or not duty of care is owed t - Essay Example of Murphy v Brentwood DC3 overruled this two fold test laid out in Anns and the liability of a violater of a duty of care was assumed to go beyond merely monetary considerations. This is what finally led to the development of the duty of care owed by every person towards another as laid out in the case of Caparo v Dickman4, which is the foundation of most tort cases today, with some contractual breaches also falling under the tortious breach of duty of care. The case of Donaghue v Stevenson5 was one of the first cases to establish the fact that remedies could exist in tort on the basis that all owe â€Å"a duty of care† to â€Å"their neighbor† and Lord Tomlin stated that â€Å"†¦acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief.† On the basis of a moral principle that every person owes a duty to other people because they are neighbours, Lord Atkin refined this further by clarifying a duty of care that one owes to a neighbor as follows: â€Å"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour†¦.you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.†6 The case of Donaghue laid out the general principle that since every person owed others a duty of care based upon the fact that they were neighbors, therefore any breach of that duty could prove to be adequate grounds for seeking damages. However, the criteria and qualifications of this duty of care were explored in the economic context in the case of Anns v Merton Borough London Council7 wherein it was held that economic losses caused by a breach of contract that occurred through negligence would be valid and actionable under tort law. A two way test was set out in this case as follows: (a) was there a sufficient neighbour relationship or a level of proximity between the two

The Vision Renewal Process Essay Example | Topics and Well Written Essays - 750 words

The Vision Renewal Process - Essay Example I worries about my future and career opportunities in this company. Taking into account human differences, I understand that the males use paternalism to keep the only woman in "her place". I suppose that negative stereotypes of women cause the men to question female workers' commitment to work. And men are more likely than women to be perceived as "serious" about their careers (Thiederman 49). The alleged benefits of bias are that it provides me with an excuse of poor sales and inability to become a part of the group. It relieves feelings of guilt and pain caused by (probably) lack of experience in this sphere. Women can be less competent than men in the workplace. When women point out this dilemma, a typical male reaction is that women want it both ways, to be seen as different from men yet to be treated the same as men (Thiederman 64, 70). I am a good manager who possesses professional knowledge and skills in this sphere. In contrast to the male employees, I have good working experience and have proved that I can sustain good sales and communicate with a team. In general, bias does not compromise my success of sales efforts but lack of communication and interaction with employees (the team) limits my opportunities and access to non-official information. The bias does not put organization at risk of litigation (Thiederman 79, 81). Step 4. Dissect Your Biases I suppose that the problems and misunderstanding between male employees and me are caused by sexism and stereotypes. Usually, the male employees assign life roles according to gender. This system fosters sex-related roles that usually relegate men to positions of authority. Although sometimes used only in reference to prejudice against females, sexism means any stereotyping resulting in arbitrary discrimination against females. In a time, I realized that my belief grew out of only sexiest jokes towards other women (not working with the company) and launch time spent together. I understood that these men had worked together for a long time and most of them were friends (Thiederman 88). Step 5. Identify Common Kingship groups When I thought about kingship groups, I was surprised when found that many employees liked theater and dance. Three of them were armature dancers and theater goers. Also, I found that three of other men had poor sales also caused by market instability and lack of information about customer groups. Also, we had similar view on ethical and corporate goals, weaknesses and opportunities proposed by the current market situation (Thiederman 110, 112). Step 6. Shove your Biases Aside After communication with these men, I knew that they believed that women bring a different viewpoint to work, a special way of leading, a different slant on how products and markets should be developed. They also recognized that women are in the workplace to stay, that they want careers similar to the men. Many men realize that utilizing women more fully is related to their survival. Rather, they are concerned about being able to compete economically. This shift to thinking about the utilization of women

Manegment theory and practice case study Essay Example | Topics and Well Written Essays - 1500 words

Manegment theory and practice case study - Essay Example In 1999 Nissan was the third largest car manufacturing company in Japan and around the world. However in comparison to 1996, when Nissan had last made a profit its production was down, its market share was slipping, it losses mounting and utilization of production capacity was poor. There was an urgent need to find a suitable alliance partner, willing to invest in the company, if Nissan were to survive (p. 3). Renault on the other hand in 1999 had become lean through restructuring and downsizing was in a position to make strategic investments to further its future business activities. Renault mainly operated in Western Europe, from where it derived 85% of its revenue. Renault had limited activities in the important geographical regions of Asia, North America, and Eastern Europe. (p. 4). Investing in Nissan was attractive to Renault, as it provided Renault access to the important markets of Asia and North America due to Nissan’s active presence in these markets. However, there were major issues in the form of the organizational culture variances, diversity in the workforces of the two companies and management practices that would pose major problems in the smooth merger of these two car manufacturers and the changes that would have to be brought about in the corporate culture and management practices at Nissan (p. 5-6). After long drawn negotiations the alliance between Renault and Nissan came into being in 1999, with Renault acquiring 36.8% stake in Nissan. Carlos Ghosn from Renault was appointed as Chief Executive of Nissan and given the responsibility of leading through the restructuring and developing of Nissan focusing on the objectives of the Nissan Revival Plan (NRP) actual profitability by 2000, an operating profit greater than 4.5%, and reducing debt by 50% at the end of the fiscal year 2002 (p.7). The rest of the story is the manner in which Carlos Ghosn through inspired leadership achieved the seemingly impossible

Major Problems in Dealing with Health in Rural India and Advise on how Article

Major Problems in Dealing with Health in Rural India and Advise on how to Address the Problems - Article Example Even though the government has introduced various health policies for example the 2005 National Rural Health Mission (NRHM) Policy to the Indias in rural areas as a way of providing quality and affordable health care, low consideration has been given to the system of medicine in rural areas (Kaveri 47). For example, modern medical training, an initiative that is funded by local people has failed to meet the needs of rural dwellers that form the biggest percentage of Indian residents. This is based on lack of proper skills by practitioners to provide adequate health care. For example, 79 % of the practitioners in rural areas who practice allopathic medicine have no appropriate training (Ashok et al 24). Poor accessibility of health care One of the major causes of problem when dealing with health care in Tamil Nadu and other regions is lack of adequate access to health care (Ashok et al 13).This is based on the fact that most of the health care centers are aimed at benefiting the urban dwellers and the upper class (World Health Organization 25). While the health care in urban areas is been provided by properly equipped dispensaries and hospital that are managed by corporate and other organizations, health services in rural areas especially those related to family planning and immunization are addressed by rural health centers that have inadequate facilities leading to high rate of child. Misallocation of financial resources and inadequate public expenditure on health Only 0.9% of the gross domestic product (GDP) is allocated to public health which is not adequate to meet the health needs of rural people Considering that more than 80% of the Indians reside in rural areas, and only 10% of the health budget is directed to rural areas, it is clear that the health problems are real challenges in rural areas (World Health Organization 25). Commercialization of health services Due to the failure of the government to provide adequate drugs in rural hospitals, rural resid ents have continued to seek the services of the private sector. This is despite the contributions of the public towards national budget through income and value added taxes. Based on the high level of poverty by rural residents, it has become a challenge to acquire drugs from the private health care providers. In the same way, drugs that are not recommended by World Health Organization (WHO) have dominated Indian market as dealers focus at maximizing their revenue (World Health Organization 17). Important advice to solving these problems In order to ensure the health of rural people residing in Tamil Nadu and other states is enhanced, it is vital for the government to provide cheap cell phones that are connected to the internet. In this way, communication between health providers will be improved. In addition, it would help in bringing about accessibility of the hospitals by the rural residents . Another way of enhancing accessibility of health care is incresing the number of mobile vans that are already been in use in India. Such vans will also be essential in entering areas where public health services have not reached. It is also important to ensure that states appropriately uses the budgetary allocation of the finacial resources allocated by NRHM. For example, in 2008-09 fiscal year, out of 33.5% of the resources allocated to Uttar Pradesh, 41.7% was unspent (Kaveri, 36). The lack of spending of the

Analysis of an Ethical Dilemma Essay Example | Topics and Well Written Essays - 1500 words

Analysis of an Ethical Dilemma - Essay Example It will further establish the relationship between company ethics and ethical dilemma. The paper concludes that, though the company has its business strategy and goals, it is faced with ethical challenges within the stakeholders and shareholders. Therefore, the group should not only focus on growth, but also put into consideration the ethical impact of its operations on employees, the government, customers, suppliers, and the community. Ethical dilemma Business ethic is vital for any business entity to gain a competitive edge and attain its goals. Ethics ensure observation of morals and code of conduct within an organization as well as its operation with its stakeholders. Business ethics disciplines employees and other stakeholders as it defines what is wrong and what is right. At times, organizations experience conflict of interests with its employees, society, the business environment as well as the government policies. When such differences arise, the management decision-making or gan has to decide, harmonize, and reconcile the conflicting interests. For an organization to avoid and solve ethical dilemmas, it should be able to have a sound decision-making body. The body should be able to collect as many information and material facts as the situation permits. It should then identify the relevant and key ethical issue and consider alternative viewpoints. When dealing with ethical issues, it is crucial to identify, measure, and prioritize the effects on different stakeholders. This is because the effect may vary from one stakeholder to another due to their diverse interests and concerns. The decision makers should then consider what effort it has put towards the issue and how committed it is to solve the issue. This will enable the management to understand its failure and evaluate its commitment to the organization. In order to establish a well serving solution to the issue, the management should identify the available options for the issue. A variety of course of action will allow it choose the best action since they will be able in a position to analyze the consequences attached to each option. These consequences may be either long term or short term to the business. Positive results will be of much importance and the option with such results should be emulated while negative results will harm the business therefore, should be avoided. The practicality of benefitting options should be identified and the impacts upon ones character and integrity. The management should then pick most beneficial and practical course of action as it fits the situation better. Causes of ethical dilemma In a perfect business environment, employees and employers would always do the right and perfect thing while conducting business. However, ethical dilemmas are present in every workplace, as people have to make a very difficult choice between moral and immoral (Touchstone, 2008). Employees should handle work related pressure to perform well and facilitate comp any goals and objectives achievement. At times, employees experience temptations to apply the shortest route possible; to achieve targets or even handle the pressure. The shortcuts may be immoral or against the company policies. Therefore, pressure from management regarding profits and results can push employees to act immoral and witnesses not whistle blow for fear of victimization. Ambitions and discrimination also causes ethical dilemma especially when some employees are under hunger for

Discuss Soil Exhaustion as a major contributing factor leading to the Essay

Discuss Soil Exhaustion as a major contributing factor leading to the American Civil War by addressing the significant events from 1798 to 1861 - Essay Example From 1800 to 1861, there were high percentages of slaves in the South than in the North. During this period, there were slave rebellions; most of the slaves were captured and executed (McNeese 7). Southern states kept government spending and taxation at low levels due to high debts as compared to the North. Southerners were incapable of supporting education as compared to the Northerners. Illiteracy was widespread in the South; in 1850, 20 percent of all white adults in the Southern states were illiterate. In the North, illiteracy was less than one percent. Though slavery was profitable, it contributed to soil exhaustion, lack of technological innovation and high debts. Soil exhaustion and erosion diminished cotton land availability. High demand and scarcity resulted to increase in price of land and slavery. Planters enlarged their holdings, and as a result, they pushed off yeomen farmers from the land. As slaves and land possession became more concentrated, harsh economic conditions led to migration to urban areas. Urban population increased in the North leading to urban poverty and low industrial wages. This migration caused fierce differences between the South and the North (McNeese 8). On March 1807, Congress passed legislation, which banned the importation of new slaves into U.S. From 1803 to 1861, various countries joined unions of either demarcated Slave states or Free states. The Congress increased tariffs in 1828 with the Tariff of Abominations. The tariffs aimed at supporting the U.S. industry; these tariffs benefited the Northern industrial economy while damaging the Southern agricultural economy. From 1827 to 1861, slavery was abolished in New York, District of Columbia, and British Empire. In 1833, the Compromise Tariff Act was passed to reduce tariffs of concern in the Southern states; it averted the confrontation. In 1851, the

Heidelberg Project Research Paper Example | Topics and Well Written Essays - 1750 words

Heidelberg Project - Research Paper Example The Heidelberg Project has persisted despite this notion. Hope Among the Ruins 3 Hope Among the Ruins: The Heidelberg Project and Urban Renewal Detroit belongs to the phantom legacy of American cities whose best days have always seemed to lay ahead. From its earliest days, Detroit has been a â€Å"city of the future† that never quite got there, starting with the imposition of the grid system in the 18th century to the near-mania for urban renewal of the 20th century. In a sense, Detroit’s â€Å"renewal† has been just around the corner ever since the Depression era, from which David Sheridan claims the city has never fully recovered (Sheridan, 1999). Economic disparity and the blight that accompanies it are part and parcel of this lamentable phenomenon, symptoms of a seemingly unattainable future. In this reality, all that’s left to those who live in poor and forgotten neighborhoods is a form of aesthetic protest that makes itself felt by decorating the bli ghted landscape, by reminding those in power that giving over rundown buildings to artistic expression can, in a real sense, bring about â€Å"urban renewal.† A sardonic comment The persistence and popularity of Tyree Guyton’s Heidelberg Project is a spectacular manifestation of what has been called an angry artistic expression of frustration over willful civic neglect. Guyton’s organic creation is what Robert Zecker has called a sardonic comment on â€Å"the poverty existing in the parts of postindustrial cities that have all but been abandoned by cash-starved civic governments† (Zecker, 2008). The art that was created from abandoned houses and refuse â€Å"were often harsh critiques of the abandonment many Detroiters felt, facing vacant 4 houses; weedy fields overgrown with discarded refrigerators and baby buggies; and a city administration incapable of offering city services†¦Ã¢â‚¬  (Ibid, 2008). But the Heidelberg Project is more than just conf rontation, it is a revolutionary gesture that says the future is not a thing that mayors, city councils and chambers of commerce bestow on a city. Guyton and those who have followed his example have reserved for themselves the power to effect change†¦even if change comes via the imposition of polka dots. Evidently, the city of Detroit, which dismembered the project on two occasions came to agree, if only in a tacit way. The city â€Å"gave up on its original goal of bulldozing the Heidelberg Project houses and finally started marketing (Guyton’s) artistic creations as tourist destinations† (Ibid, 2008). Art as urban renewal In a very real sense, the Heidelberg Project became art as urban renewal, though it didn’t start out that way. The notion of art and architecture sanctioned by the city was turned inside-out in Detroit. If it wasn’t bulldozed or razed and rebuilt as part of an ambitious political initiative, renewal couldn’t be considered l egitimate if it didn’t come out of an urban planner’s computer. This was the way Detroit had always planned for progress. But the throngs of locals and out-of-town tourists that experienced Guyton’s creations, and the newspaper and journal articles that chronicled the project, could hardly be ignored. And when the Detroit Institute of Art accepted some samples of the project as exhibits, there was no denying that traditional concepts of urban renewal and civic identity had been