Liability for an Employees Assaults Case Study Example | Topics and Well Written Essays - 2500 words

Liability for an Employees Assaults - Case Study Example The discussion that follows explains why. Vicarious liability is a legal concept assigning responsibility to an employer for the negligence or prohibited conduct of an employee acting in the course of his duties at work. If the conduct is in no way connected to the employment the employer will not be held liable. There are several reasons for the doctrine of vicarious liability and Michael A. Jones offers perhaps the best synopsis. Jones explains that vicarious liability can be justified on the following grounds: "(1) The master has the 'deepest pockets'. The wealth of a defendant, or the fact that he has access to resources via insurance, has in some cases had an unconscious influence on the development of legal principles. The courts have established and developed a three tier test in order to determine whether or not the tortfeasor is an employee and his employer is vicariously liable for the conduct of his or her employee. The three tier tests are: "the control test"2, "the integral test"3and "the multiple test."4 The control test is satisfied if the employee is under the control of the employer. For instance if the employer can terminate the employee for failing to carry out the employer's instructions, the employee is under the control of the employer. ... likely to be considered an employee and if the employer is at liberty to hire the employee and to terminate his services he will in all likelihood be deemed an employee within the context of the control test.5 Margaret Simpson should have no difficulty establishing the control test for the purpose of having Tom deemed an employee of AFS. He himself stated that he was "only doing his job." Moreover in attempting to justify his conduct he stated that he was responding to comments about his poor performance made by his manager Sarah Harper. This statement is a manifestation of the control Tom's employers had over the manner in which he performed his duties. There were also previous talks about job losses and performance targets which would suggest that Tom was an employee under the control of AFS. By virtue of the integral test, if the employee forms an integral part of the business and is not merely incidental to the business then he will be deemed an employee.6 Tom Barnes is employed at AFS' headquarters in the position of product sales executive. AFS as a financial services business and selling its products can not in any way be viewed as merely incidental to the success of the business. Therefore it is fair to assume that Tom Barnes, a product sales executive is an integral part of the business. The multiple test is an amalgamation of the control and integral tests. In Ready Mix Concrete (South East) Ltd v Minister of Pensions (1968) 2 QB 497 it was held that the multiple test is satisfied and an employee is said to be under a contract of service if he is paid for his services, is under the control either expressly or implicitly of his employer and if there are other terms and conditions reflective with an employment contract.7 On the facts of the case for

Global Warming Regulations Essay Example | Topics and Well Written Essays - 4500 words

Global Warming Regulations - Essay Example Industrial revolution has given birth to different human activities that are involved in burning of fossil fuels like coal, oil and natural gas for the purpose of obtaining energy. Carbon is an important ingredient of the fuels that are burnt for getting energy (Richard C. Rockwell, 1998). This burning is the primary source of emission of different green gases like carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and ozone (O3). The emission of these different gases is closely related with the pollution released in to the atmosphere. In this process some other gases like Carbon monoxide; nitrogen oxides and carbon dioxide are also produced as result of incomplete combustion of hydrocarbons in fuels of automobiles (Sandra L. Justus, 1998). This type of auto emission generates carbon monoxide which is a big challenge for the global warming (Steven J. Moss and Richard J. McCann, 1993). At present motor vehicles produce about 60 percent of the nationwide total carbon monoxide (E NS News, 2003) and in some cities it is as high as 95 percent. This colorless, odorless but deadly harmful gas is also produced by the industrial processes, non transportation fuel use and wildfires (Sandra L. Justus, 1998). In order to curb the global warming, the US government has attempt... These regulations are directly affecting the functions and business of Emission Trading markets. The current discussion about the government regulations on carbon monoxide emission will focus on the negatives effects of carbon monoxide that are main cause of these regulations and the impact of these regulations on the Emission trading markets. Moreover we will trace the negative and positive effects of previous regulations so that we can have a clear picture in front of us that can help in predicting the effects and outcomes of the current regulations. Reasons behind the Regulations US Government has enacted the regulation on the emission of carbon monoxide. This decision is effected by several factors. Among them the poisonous effects of carbon monoxide on human health are very important. The other reasons include the safety from air pollution, political pressure etc. Carbon monoxide and Human Health The negative impact of carbon monoxide on the public health is an important reason behind that. Carbon monoxide is the most toxic substance that people come in contact in their daily lives. When carbon monoxide is produced in large amount it remains present around the people at different places. It has some negative impacts on the human health and it can affect the people at their work places, homes, garage, cars, caravan and boat (IAPA, 2006). When people inhale carbon monoxide, it passes through the respiratory system and goes to the lungs from where it passes directly in to the bloodstreams through the air sacs. Carbon monoxide affects the functions of blood and stop oxygen to reach the body tissues and insufficient

Love Mary Cassatt's style was heavily influenced by Essay

Love Mary Cassatt's style was heavily influenced by - Essay Example In 1914, the technique that she had adopted in impressionism gained recognition as she was awarded Gold medal for her contribution in the technique. Edgar Degas and the Japanese form of art influenced her initial poses in her paintings when lines had been introduced in her pieces, and motion incorporated to bring life into her paintings (Brill, 87). The major themes that she captured in her work were that of the feminine features. Most of her paintings were full of scenes of mothers and their daughters. Through impressionism, she managed to depict these images vividly and establish a use of color to bring interest among her viewers. Some of her famous works include â€Å"The loge† and â€Å"cup of tea.† Apart from the impressionistic movement, her love for the Japanese prints contributed to her development of intricate patterns in her work. Mary Cassatt was a dominant member of the impressionism movement. Though not recognized as an established impressionist, her works led to the spread of the movement, especially in America. Her studies that depicted mothers and children suggested she was a female

Paramedic science degree (Medical) Essay Example | Topics and Well Written Essays - 1000 words

Paramedic science degree (Medical) - Essay Example Hence, her doctor advised bariatric surgery six months ago. Her initial surgery led to a 5% weight loss within the first two months of the gastric banding surgery. She was encouraged by results and so she requested for the biliopancreatic diversion without duodenal switch. This procedure also helped her lose more weight. Her third request for surgery is being considered by her physician due to dependency concerns. Her physician, as well as the rest of the medical team believes that she has become dependent on bariatric surgeries and they are reluctant to encourage or feed such dependency. When confronted with such concern, she insisted that she has not become dependent on the surgeries and that this was the last surgery she would take to help her lose weight. Despite medical advice, she insists that she needs the gastric stimulation surgery in order to effectively help her lose more weight. Feelings (What was I thinking and feeling?) While caring for the bariatric patient who was bec oming dependent on our services, I felt that we needed to put an end to her dependency. The bariatric surgery during the earliest stages of her diabetes is an effective means of reducing her weight. In a study by Dixon, et.al. (2005, p. 472), the authors were able to establish that bariatric surgery done at the earliest stages of diabetes is very much beneficial to patients because it helps reduce and manage their weight and successively help them achieve better results in their diabetes management. Two bariatric surgeries however, are more than sufficient for the current patient to gradually and safely lose weight; and allowing the third surgery to proceed would also be akin to enabling her dependence. I could sense that her demeanour and attitude about the surgeries were based on the concept that the surgeries can be easily availed of and it was her right to demand said services. I felt that her dependence on bariatric surgeries must be stopped and the services to be offered to he r must be based on her health maintenance – not on more bariatric surgeries. In a study by Kushner (2000, p. 126), the authors emphasized the importance fulfilling the essential caloric intake from the limited food intake allowable after gastric banding. This should be focused on by the patient – not the need for more surgeries. Evaluation (What was good and bad about the experience?) What was good about the experience was that I learned to detect signs of dependence in patients. I was able to assess the patient’s behaviour and attitude about the surgery and to determine whether these symptoms were indicative of dependence. The experience also taught me how to deal with patients and their dependence. Normally, I would have given in to a patient’s requests; and, this experience taught me to how to therapeutically refuse a patient’s requests or demands. Therapeutically refusing a patient is not simply about refusing a patient’s requests, but i t is also about making oneself available to respond to the patient’s emotional needs (Austin, 2010, p. 483). What was bad about the experience was that we had limited options for the patient in terms of psychological or mental health assistance. We knew that she was going through some mental health issues which affected her determination to lose weight. As health professionals, we could have provided more counselling for her in order to ensure that she would be able to deal with the emotional challenges of her obesity and to

Changes in Family and Personal Finances in the Last Generations Essay

Changes in Family and Personal Finances in the Last Generations - Essay Example Political factors such as the Cold War and political tensions globally also affected their productivity and participation in economic activities, which in turn affected their financial status. These people benefited from the social and political stability witnessed from 1970-2000. Personal and family finances of people of generation Y have changed because of changes in government policies, information technology and globalization. Most generation X families relied on one paycheck. This means that only one spouse engaged in economic activities. Though these families relied on one paycheck, they spent 54 percent of their income. Spending was mainly concentrated on fixed expenses such as insurance, mortgage, food and loans. Conversely, most generation Y families have both families working. These families spend 75 percent of their earning on fixed expenses (Warren and Tyagi 20). The spending trends of generation X and generation Y are important because they show that generation Y is more financially vulnerable than their counterparts of generation X. In case of uncertainties such as illnesses and job loss, people of generation X could easily cut back on their spending. These families used 54 percent of their income on fixed expenses and 46 percent on discretionary spending such as fashion and vacation. They could easily cut back on these spending in order to ensure that they overcome the uncertainty. A generation ago, families could address setbacks such as illnesses and job loss by cutting back on their spending. 54 percent of the income of these families was used on fixed expenses.

The most important elements of proper Communication in a job interview Essay

The most important elements of proper Communication in a job interview - Essay Example Similarly if you look away while listening it would show lack of interest and a rude and unethical behavior. Facial Expressions: Your facial expressions should be positive enough to encourage the employer for further communication. In case of nervousness do not try to be perceived as arrogant. A smiley face is appreciated everywhere. The employer should be aware of your gladness you have to meet him. You should not reveal a lethargic expression no matter how much exhausted and tiring you are. Posture: A good posture is a key symbol of a fine personality. One should stand straight, walk tall and sit tall. Shoulders should not be bended forward and there should be no slouching. Be sensitive to the body language of the other person. Any inconsistency between verbal and non-verbal behavior is significant and the non-verbal cues generally send the more accurate message as "action speaks louder than words". Gestures: Gestures should go along with your personality, and must be real. Do not use artificial gestures to highlight the importance of the issue. One should not use a speech with too many "uh's", "ur's"or "hms". Space: One should recognize the boundaries between personal space and that of others. If you are typical of most Americans, it ranges between 30 and 36 inches. Be prepared, however, not to back up or move away from someone who has a personal space that is smaller than your own. Hang in there, take a deep breath, and stand your ground. For most of us, merely the awareness of our personal space is enough to consciously prompt us to stand firm when speaking with someone. If you have a smaller than average personal space, make sure you keep your distance so that you do not intimidate someone who possesses a larger personal space. (The most important interview nonverbals, College Grad.com, themostimportantinterviewnonverbals.htm) Confidence- The key to success Be yourself. Confident people inspire confidence in others; one has to appear confident in order to make others realize that he is suitable enough to do the job. Interviewees are usually nervous and therefore they become self absorbed and self-conscious, which takes their attention off the job at hand and onto themselves. Be careful to avoid showing signs of nervousness such as scratching, drumming fingers, playing with a pen etc. Everyone possesses some weak points, which make the person loose his confidence at an interview. It is the aim of the prospective employer to play oral communication tricks to you and make you reveal all those weak points which are sufficient to make a person feel unconfident and insecure enough to perform the job, so no matter how weak you are, never impose yourself loose confidence in a job interview. (Impact Factory, Job Interview Techniques, http://www.impactfactory.com) Communication Skills Effective communication skills are needed in most jobs on an everyday basis, your tone should be refined and one should not talk too fast, slowly, loudly or softly. Verbal patterns should be followed like an impressive speech pattern, ability to act naturally, very focused and articulated thinking. It seems very unethical to interrupt the employer. Be attentive and

How can Starbucks react to the threat of McDonalds selling low cost Essay

How can Starbucks react to the threat of McDonalds selling low cost coffee - Essay Example I would be failing in my duty if I don’t thank all those employees of Starbucks and McDonalds who responded to the phone calls and e-mails sent to these organizations. Last but not the least, I would like to thank all my friends who have been supporting and helping me with this assignment. Table of Contents Contents Pages Executive Summary 4-5 Introduction 5 McDonald’s Vs Starbucks 5-6 Problem for Starbucks 6 Sources of Information 6-7 SWOT Analysis 7-8 Financial Analysis 8-9 Findings 10 Recommendations 10-11 Appendices 12-25 Works Cited 26 How Can Starbucks React to the Threat of McDonalds Selling Low Cost Coffee? Executive Summary Starbucks and McDonald's are big multinational companies that have made their presence felt in the businesses they operate in. Seattle based Starbucks was founded with the objective of providing Italian espresso bar experience in the United States. As a business strategy Starbucks operates by forming a personal relationship with its consumer s. On the other hand McDonalds is a family restaurant and attracts people from all age groups. Strictly speaking, both these behemoths have distinct target markets. Starbucks attracts the affluent while customers who are price sensitive are McDonald’s target market. McDonald’s has rolled out its low-priced coffee brand and in the process has started eating into the share of Starbucks. McDonald's appears well placed to become Starbucks’ biggest competitor in the specialty coffee segment in the coming years. Starbucks now has to devise strategies to counter McDonald’s move and not let its market share dip. The present paper is a commentary on ‘How can Starbucks react to the threat of McDonalds selling low cost coffee? To answer this question relevant information on both these companies has been collected from various primary and secondary sources. A comparison has been made on the business operations of both Starbucks and McDonald’s, SWOT analy sis has been carried out and finally a financial comparison has been made. Some alternatives that can be adopted by Starbucks to react to McDonald’s move have been suggested based on aforesaid analysis. I personally feel that Starbucks should not respond to McDonald’s move with a price cut, rather it should elevate the quality perception in the minds of the customer and build a set of loyal customers who are willing to pay a premium price in exchange of getting the ‘coffee experience’ that Starbucks has to offer. Introduction I have decided to write a commentary on ‘How can Starbucks react to the threat of McDonalds selling low cost coffee? I have chosen this topic since it involves two big U.S. based companies who have worldwide operations, have a huge set of loyal customer base and are well known for their quality products. Starbucks Vs McDonald’s Starbucks is Italian-style coffeehouse chain based in Seattle, Washington. The company was foun ded in 1971 and has more than 17, 000 retail stores in 60 countries. Since inception Starbucks has believed in serving the best coffee to its customers. In fact, the company delivers much more than a simple cup of high quality coffee; it ensures a wonderful experience for the customer. A look at the product portfolio of Starbucks clearly indicates that the company has a huge variety of coffee