...Consumer rights and duties Consumerism, what is? Consumerism is the protection of the rights and interests of the general pool of buyers, or an obsession with buying material goods or items. Consumer Rights * Right to satisfaction of basic needs: The consumer has the right to goods and services to ensure their survival: adequate food, clothing, adequate housing, health care, education and sanitation. * The right to protection of health and physical safety: Life, health and consumer physical security can’t be compromised by the goods and services at our disposal. * Right to choose: Consumers should be able to choose products and services at competitive prices, with a satisfactory quality assurance. * Right to quality of goods and services: Goods and services must comply with quality requirements set by the law for each of them, fulfilling the purpose for which they are intended. * Right to training and education for consumption: The state should promote training activities, primarily integrated into school curricular and programs, creating consumer attitudes critical and selective. * Right to information for consumption: The supplier of goods and service are required to provide true and complete information to the consumer. In the case of goods and essential services, companies that operate on an exclusive basis has the obligation to inform in advance the consumer cuts or interruptions of supply, unless unforeseen cases. * Right to protection of...
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...Business organizations need to have the moral duty that extend well beyond serving the interest of its owners or stockholders, and these duties consist of more than simply obeying the law. That way businesses have to stand up to their own actions. It is the belief that a business has moral responsibilities to stakeholders including employees, customers, vendors, the local community and society as a whole. With this concept understood, it remains that business organizations can conform and be successful while practicing ethical behavior. Which what makes the business stand out from others. With saying that let me explain Dell’s ethical procedures. The characteristics that underpin the soul of Dell include trust, integrity, honesty, judgment, respect, courage and responsibility. As these characteristics imply, Dell places great priority on honoring its commitment of excellence to one another as well as its many stakeholders. Dell prides itself in adhering to stringent standards of ethical behavior in every facet of its elaborate business structure. Known throughout the organization as the Soul of Dell, their shared global culture is built on a foundation of personal and professional integrity (Dell, 2008). As Dell employees, we are committed to acting responsibly, honestly and with integrity in all dealings with our suppliers, customers, partners, shareholders, government regulators and competitors. Dell is committed to working with socially responsible entities that comply...
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...DUTY OF CARE The tort of negligence owes its origins to the tale of a decomposing snail that was found in a ginger-beer bottle – Donoghue v Stevenson (1932). The claimant, Mary Donoghue, went with a friend to a café, where her friend bought her a bottle of ginger beer. Donoghue opened it and poured some of the contents into a glass. When she finished this glass, she then poured the remainder of the bottle into the glass. At this point, the remains of the snail floated to the surface. This caused Donoghue to develop gastroenteritis and nervous shock, and she sought compensation from the ginger-beer manufacturer. The case eventually reached the House of Lords, where Lord Atkin decided the case in her favour with his famous Neighbour Principle. In summary, this stated that ‘you must take reasonable care to avoid acts or omissions which foreseeably could injure your neighbour’, where neighbours are defined as ‘persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions’. In this case, the ginger-beer manufacturer should reasonably have had the claimant in mind when manufacturing and bottling the ginger beer. This test clearly established that in order for a duty of care to be owed, there must be reasonable foresight of harm to persons who it is reasonable to foresee may be harmed by one’s actions or omissions. Such ‘duty’ examples would obviously include...
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...Donoghue v Stevenson (duty of care) The first element in a claimant’s case negligence is whether the defendant owed him a duty to take reasonable care. Duty of care therefore, exists as a control devise in order to determine who can bring an action for negligence and in what circumstances. When a person suffers loss as a result of negligent conduct, they will want to shift that loss on to the person who caused it though negligence action. When a negligence action is brought to court, the judge will usually be able to rely on precedent to determine whether a duty of exists. But what if there is no precedent? What test should the judge use to determine whether a duty of care exists? Negligence liability has existed in one form or another for centuries, but until the 19th century there was no concept of duty as we now know it. Liability existed within defined relationships such as doctor-patient or employer-employees. Where a case fell outside a recognised relationship, there was no test for determining whether liability existed or not until the most famous case in legal history Donoghue v Stevenson in 1932. In Donoghue, the claimant suffered illness as a result of consuming a ginger beer bought by her friend. She could not sue the retailer nor the manufacturer as she had no contract with both of them. On the facts the café owner would have been liable to the friend for breach of contract in selling him a defective product, if the friend had suffered damage. However the House...
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...A++PAPER;http://www.homeworkproviders.com/shop/ba-260-week-6/ BA 260 WEEK 6 BREACH OF DUTY BA 260 WEEK 6 BREACH OF DUTY, In the case of the Mississippi Beef Plant case, duty of loyalty was breached. Mr. Hall duties and obligation were to get the beef plant built and running based on the $22 million budget he estimated. This did not happen and initial estimated price rose to $55 million dollars upon completion. In this situation, the issue of self-interest arose in the form of Mr. Hall paying his family member nearly $45,000 dollars to act as a consultant on the project. Secondly, as a means of providing and supporting his family, and maybe for financial gain, Mr. Hall also gave $269,000 or fraudulent obtained grant money to other family members. To make matters worse, Mr. Hall also had the construction company building the beef plant to pay him a 1% consulting fee totaling $173,130 and allegedly had the same construction company to perform nearly $20,000 in work on his personal home. According to the article, nearly $270,000 in false invoices were submitted to the Mississippi Development Authority and Community Bank for equipment and other items and demanded more than a $87,000 payment for several other miscellaneous items. In the end, the plant only functioned for several months and shortly afterwards, Mr. Hall defaulted on the $35 million loan and the bank and the state were unable to sell the property. In the situation, Mr. Hall had a responsibility as a director...
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...BA 260 WEEK 6 BREACH OF DUTY, A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=week-7-consideration Visit Our website: http://hwsoloutions.com/ Product Description BA 260 WEEK 6 BREACH OF DUTY, In the case of the Mississippi Beef Plant case, duty of loyalty was breached. Mr. Hall duties and obligation were to get the beef plant built and running based on the $22 million budget he estimated. This did not happen and initial estimated price rose to $55 million dollars upon completion. In this situation, the issue of self-interest arose in the form of Mr. Hall paying his family member nearly $45,000 dollars to act as a consultant on the project. Secondly, as a means of providing and supporting his family, and maybe for financial gain, Mr. Hall also gave $269,000 or fraudulent obtained grant money to other family members. To make matters worse, Mr. Hall also had the construction company building the beef plant to pay him a 1% consulting fee totaling $173,130 and allegedly had the same construction company to perform nearly $20,000 in work on his personal home. According to the article, nearly $270,000 in false invoices were submitted to the Mississippi Development Authority and Community Bank for equipment and other items and demanded more than a $87,000 payment for several other miscellaneous items. In the end, the plant only functioned for several months and shortly afterwards, Mr. Hall defaulted on the $35 million loan and the bank and the state were...
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...the tort of negligent misstatement. It is not a fraudulent misrepresentation because the defendant did not make any false statement or aseems to have decent in mind. 2. Rule 2.1 Step 1: Duty of care The very first rule to establish is whether the defendant, Don, owes a duty of care to the plaintiff, Patrick and Mary. Following the case of Donoghue v Stevenson (1932) , it is clear that the duty of care is not dependent on whether a contract exists, which there is none between Patrick and Don or Mary and Don. It is very much dependent on these things: a) A duty of care can be owned when giving advice/supplying information The defendant, Don, ought to know that while dispelling information that has crucial implications, he is being trusted to give the best kind of advice to the other party (L Shaddock and Associates Pty Ltd v Parramatta City Council, 1981) . The principals of this case states that whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the best of his information or advice as a basis for action on the part of the other party and it is reasonable in the circumstances for the other party to act on the information or advice, the speaker comes under a duty to exercise reasonable care in the provision of the information or advice he chooses to give. It is reasonable to...
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...The factors that indicate whether Davis owed Esposito a duty of care are that some actions can be tolerated to some extent and some actions cannot be tolerated at all. That some actions are right and reasonable while others are not or illegal. Duty of care indicates that we are free to do as we want, whenever we want to as long as we don’t infringe on the interests of others or cause harm. In Business Invitees each and all business have to provide safety and due care of its customer and employees at all times by advising of any dangers, properly training employees and clearing any hidden dangers. Each Business also has to protect every person that comes on all their property and provided a safe environment. Tort negligence occurs when someone or group of people are injure because of someone’s failure to due care. Yvonne Esposito was exiting the arts and craft show where Jason Davis works. Jason collided with Yvonne because he was not careful to make sure no one was behind him before he proceeded and knocked Yvonne to the ground. Jason failed to provide due care to Yvonne. A negligence tort was committed because Yvonne suffer a legal recognizable injury and harm was done to her. Because of these acts, she is entitle of compensations from the injuries that resulted from the negligent acts. Another factor that indicates duty of care is causation. Miller and Jentz writes “If a person fails in a duty care and someone suffers an injury, the wrongful activity must have caused the harm...
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...Call of Duty: Ghosts is a 2013 first-person shooter video game developed by Infinity Ward, with assistance from Raven Software, Neversoft and Certain Affinity. Published by Activision, it is the tenth primary installment in the Call of Duty series and the sixth developed by Infinity Ward. The video game was released for Microsoft Windows, PlayStation 3, Xbox 360, and Wii U on November 5, 2013, with Treyarch handling the port for the Wii U. The game was released with the launch of next-generation consoles PlayStation 4 and Xbox One. According to review score aggregator Metacritic, Ghosts received "generally favorable" reviews from critics, with most praising its multiplayer gameplay and introduction of the new game mode Extinction. It was criticized, however, for its single-player campaign, rehashing of familiar concepts, and general lack of innovation.Setup and characters The game's main protagonists are the Ghosts, a force of U.S. Special Operations personnel trained to conduct clandestine missions behind enemy lines. The unit is led by retired U.S. Army Captain Elias Walker (Stephen Lang). He is joined by his sons Logan and David "Hesh" Walker (Brandon Routh), along with a trained German Shepherd named Riley, Captain Thomas A. Merrick (Jeffrey Pierce), and Sergeant Keegan P. Russ (Brian Bloom).[7] Call of Duty: Ghosts is set in an alternate timeline that follows the nuclear destruction of the Middle East. The oil-producing nations of South America form "the Federation"...
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...1.1 Define a duty of care: is a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the acts are considered negligent and any damages resulting maybe claimed in a law suit as negligence. 1.2 Describe how the duty of care affects your own work role: We have a duty of care to our client’s health and welfare. I have duty of care to make sure my client’s needs are meet on my duty shift: including the health, welfare, emotional and physical needs, dietary needs, personal hygiene, medication and safety. I must only do what I have been trained to do and must engage all other services available to manage any client needs I have not been trained for i.e: a doctor in case of illness, a podiatrist in a case where toe nails need cut etc. 2.1 Describe dilemmas that may arise between the duty of care and an individual’s rights: Any individual can refuse to take prescribed medication or refuse to have test for illness. An individual has the right to refuse treatment. All individuals have this right unless incapacity to consent has been proved that the individual does not have the capacity to choose for themselves, capacity must be assumed in all cases until capacity has been assessed by a professional. It can be hard to support a client with this, it can be extremely difficult to watch a client refuse treatment when...
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...Tort Law Assignment 2010/11 By Louis Rohr Student ID 10716461 1st year BCL Title: My Analyses on the Duty of Care in Irish Tort Law Tort law covers a wide range of wrongs committed by one person against another. Tort law covers those wrongs that arise because of a breach of a duty imposed by law, as opposed to duties imposed by contract. The first steps towards the modern doctrine of negligence was explained in Heven and Pender. Lord Esher discussed why a duty of care might be owed by one party not to injury another. First, that there must be duty of care owed. Secondly, that there is a breach of this duty. Third, that there must be loss or damage suffered. Fourth, that there is causal link established between the breach of duty and the loss or damage suffered. Later more fundamental elements were needed to prove negligence. Indermaur v Dames is a leading common law case outlining the duty of care involving invitees and invitors. An invitee is a person who’s invited by the occupier (owner or tenant) and provides a material advantage, such as shops, bars etc. When an invitee enters an occupiers land he is expected to take reasonable care on his part to prevent damage from unusual danger for which he knows or ought to know. Where there is neglect, the question is whether or not they took reasonable care or was there contributory negligence? From here, the common law developed other rules to ultimately determine liability for buildings and include inter alia, elevators...
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...Duties of Director: The duties of directors of a company have been elaborately explained by Romer L. J in Re City Equitable Fire Insurance Co[1]. The important duties are quoted from this case and summarized below: 1. Distribution of work: The manner in which the work of a company is to be distributed between the board of directors and the staff is a business matter to be decided on business lines. 2. Good faith: Every director must act honestly and in the interest of the company. 3. Reasonable care: A director “must exercise such degree of skill and diligence as would amount to the reasonable care which an ordinary man might be expected to take in the circumstances on his own behalf.” 4. Degree of skill: A director “need not exhibit in performance of his duties a greater degree of skill than what can be reasonably expected from a person of his knowledge and experience; in other words he is not liable for mere errors of judgment.” 5. To attend meetings: A director “ is not bound to give continuous attention to the affairs of his company; his duties are of an intermittent nature to be performed at periodical board meetings and the meetings of any committee to which he appointed, and though not bound to attend all such meetings, he ought to attent them when reasonably able to do so.” 6. The director’s duty of disclosure: The Companies Act of 1956 maakes it obligatory upon directors to disclose certain facts to the company: (1) If a director is interested...
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...Key Features of Budget 2010-2011 CHALLENGES ! ! ! To quickly revert to the high GDP growth path of 9 per cent and then find the means to cross the ‘double digit growth barrier’. To harness economic growth to consolidate the recent gains in making development more inclusive. To address the weaknesses in government systems, structures and institutions at different levels of governance. OVERVIEW OF THE ECONOMY ! India among the first few countries in the world to implement a broad-based counter-cyclic policy package to respond to the negative fallout of the global slowdown. The Advance Estimates for Gross Domestic Product (GDP) growth for 2009-10 pegged at 7.2 per cent. The final figure expected to be higher when the third and fourth quarter GDP estimates for 2009-10 become available. The growth rate in manufacturing sector in December 2009 was 18.5 per cent – the highest in the past two decades. A major concern during the second half of 2009-10 has been the emergence of double digit food inflation. Government has set in motion steps, in consultation with the State Chief Ministers, which should bring down the inflation in the next few months and ensure that there is better management of food security in the country. ! ! ! CONSOLIDATING GROWTH Fiscal Consolidation ! ! With recovery taking root, there is a need to review public spending, mobilise resources and gear them towards building the productivity of the economy. Fiscal policy shaped with reference to the recommendations...
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...ways in which the inevitable, non-unavoidable death and suffering that is taking place there can be stopped. In his article, Famine, Affluence, and Morality, Singer draws the conclusion that if we not only has individuals, but as a government [as a whole] would do our parts, the suffering of these individuals would greatly be reduced. In this summary report, I will try to point out his arguments for immediate help for this nation and give a personal response of this article and his arguments. In his article, Famine, Affluence, and Morality, Singer’s goal is to get us the people of an affluent countries to understand and accept his conclusion that with help from us from anyone, the people of Bengal, India will survive and our moral ethical duties would be satisfied. From the beginning of this article, Singer tries to paint the picture of what is exactly going on in Bengal. He clearly and simply states "people are all dying in East Bengal from lack of food, shelter, and medical care" (Singer, 1972). Singer believes and tries to get us to believe that with help from other individuals and countries the people of Bengal will survive. He points out that in order for the nine million “refugees” to live at the very least a year the estimated amount comes to £464,000,000.00. To the date in which he wrote this article only £65,000,000.00 has been raised in the effort to keep these individuals alive. With this estimate, he brings back his point that if every person and developed nation...
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...Running Head: Peter Singer’s Beliefs 1 In reading his article “Famine, Affluence, and Morality” Peter Singer gives us a seemingly devastating critiques of our ordinary ways of thinking in regards to famine relief, charity, and morality in general. In the spite of this there are some very few people that have accepted, or at any rate acted on, the conclusions he has reached. In aspect of these facts one could possible say of Singer’s arguments, as Hume said of Berkeley’s arguments for immaterialism, that “ they admit of no answer and produce no conviction.” In which I believe that Singer’s considerations show that people should do what would be considerably more than most people would actually do, people do not establish Singer’s conclusions in their full strength or generality. So Singer’s arguments may admit to partial answers, and possibly once properly qualified may produce some conviction. In the article Singer argues that the people who live in affluent countries must radically change their way of life as well as their conception of morality, so that they will become committed to helping those that are in need. Singer begins by asking us to consider cases of famine, like that in Bengal in 1971, Singer argues that the majority of people have a moral obligation to donate all we can possibly to the famine relief, and seeing that the people were suffering tremendously and either the government nor the individuals was doing anything near what was required to help...
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