...(No.2) [2007] UKHL 38 on the law relating to causation.’ This essay requires us to take a critical stand vis-à-vis the development of the law in relation to the issue of causation, as developed by the case of Kennedy (No.2). It will argue that the ratio given in Kennedy (No.2) is still good law, but there are certain situations where the supplier can be found guilty of gross negligence manslaughter. Kennedy falls within the scope of the analysis surrounding the Actus Reus element of a crime. Actus Reus is the first step that needs to be considered before establishing criminal liability. This step requires an action, an inaction (omission) or a state of affairs to occur. This action/ inaction should be voluntarily undertaken and the conduct must be linked directly to the consequences that follow (i.e. Causation). Liability for inaction (omission) is difficult to establish, usually because it is challenging to prove a direct causal link between the act of omission and the consequences that occurred. This is because the general rule is that ‘you are not your brother’s keeper’ (you shall bare no responsibility for the actions of another). However, there are certain situations where there is a positive duty to act (ex. if the defendant created the dangerous situation or if there is a certain special relationship between the defendant and the claimant). For causation to be established, a factual and legal analysis needs to be undertaken, followed by a scrutiny of the facts to see...
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...Business Agreement Task 1 P1: Explain different types of business agreements and the importance of key elements required for the formation of a valid contract. Business Agreement Business Agreement is the mutual understanding or assent of two or more than two legally competent parties. It is done or agreed upon on the relative duties and rights regarding current or future performance. An agreement typicallydocumentsthe give-and-take of anegotiated settlementand a contract specifies the minimum acceptablestandardofperformance. Types of Business Agreement There are various types of business agreements depending upon the nature, type and operations / activities of the business. These types can be categorized into following categories based on the above stated criteria. * General Business Agreements * Business Employment Agreements * Leases * Sales Agreements The General Business agreements contain Franchise Agreement, agreement with different agencies for advertising, insurance agreements, agreement on not taking legal actions, Settlement Agreement, Stock Purchase Agreement, business partnership agreement, privatization agreement etc. The different types of Business Employment Agreement are Employment Agreement, Consultancy agreement, Sales Representative Agreement, Employment Separation Agreement, Reciprocal Nondisclosure Agreement etc. Leases are of different kinds like Real Property Lease, Equipment Lease etc, and same is the case with Sales agreements, it also have...
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...Introduction Negligence covers different forms of behaviour and rights in today’s society. The general principle of negligence guarding today’s society is such that a person should not harm people to whom he/she owes a duty of care. Furthermore, the failure to act reasonable is considered to be negligence. A level of care that a reasonable man under the same circumstance would have exercised a better level of care to whom he or she owes the legal duty too. The law of Negligence has advance over the past century with the establishment of the railroads and the rapid increase of Accidents following the industrial revolution and the increase in industrial...
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...HND Group Module: Unit 5 – Aspects of Contract and Negligence for Business Module type: Module Code: Y/601/0563 Module Credit: 15 Teaching Period: (12+3 weeks) QCF Level: 5 Contact Hours: (15*3.75 = 56.25) Lecturers: 12 weeks Revision Clinic: 1 week Feedback and assignment guidance: 2 weeks Lecturer: Mr. Dalton Vincent Start date: 01/10 /2013 Day: Friday Time: 10.00 – 13.00 & 14.00 – 17.00 Room: LH 2 & LH 3 Term: Winter Term CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS 6. INTRODUCTION The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Aim: ...
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...COMMUNICATIONS IN BUSINESS 100 Name: Anonymous 2 Student Number: 12345678 Email: anonym2@mail.au Company: Chevron Corporation Title: Corporate Social Responsibility: An Analysis of Chevron Other Details: Semester 1 2014, Bentley Campus (Word Count: 1568) Introduction Multinational Energy Companies, like Chevron Corporation, have a broad and significant social, economic and environmental impact on the globe and as such are in a position to influence the lives of many people. Chevron is involved in many different facets of the energy business, including exploration, refining, production and transportation. The company employs approximately 60 000 people in the oil and natural gas industry, with interest in 180 countries (Chevron Corporation SWAT, 2009). With the rise in global communication associated with the information age, companies like Chevron have to establish symbiotic relationships, focused on sustainable development, with society in order to satisfy increasingly environmentally conscious stakeholders. In this context a symbiotic relationship refers to one that is cooperative and mutually beneficial (Langella et al. 2012, 51). At the foundation of such a relationship is respect for health...
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...functioning, perception, learning, personality, social cognition, health, stress and coping, human development, cognition, language and social influence. This course will assist in helping you understand the qualifications of the differences among professionals in the field. Psychology’s main purpose is to enhance the quality of life and one’s ability to function at home, work, school and in relationships. PURPOSE OF THIS COURSE This course is designed to assist the student in acquiring a specialized knowledge base, about behaviour, learning new ways of thinking about behaviour and in developing positive attitudes. The knowledge learnt in this course would enable the student to explore the major subfields of psychology through critical, creative and reflective thinking. ------------------------------------------------- AIM The aim of this Psychology course is designed to impart within the student an understanding of the fundamental concepts, and the principles of psychology. ------------------------------------------------- OBJECTIVES Through this course the student should: 1. Comprehend the basic...
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... BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. • Demonstrate successful, participatory team and peer performance. • Apply sound business processes to solve business problems and incorporate critical thinking skills to a series of integrated projects. • Demonstrate, through role playing and/or cases, ethical problem-solving in course content specific situations. The overall purpose of this course is to provide students with a basic understanding of the areas of law that primarily impact business transactions and organizations. Specifically, the course is designed to enable students to: • Demonstrate an understanding of the operations of the U.S. legal system. • Explain the role of administrative agencies in the regulation of business, e.g. Department of Commerce, Department of Labor, Equal Employment Opportunity Commission, Federal Trade Commission, Occupational Safety and Health Administration, Securities and Exchange Commission. • Demonstrate a basic understanding of the following areas of tort law: negligence, intentional torts, and strict liability. • Demonstrate an understanding of the law of real property...
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...ENGINEERING ETHICS The Kansas City Hyatt Regency Walkways Collapse Department of Philosophy and Department of Mechanical Engineering Texas A&M University NSF Grant Number DIR-9012252 Negligence And The Professional "Debate" Over Responsibility For Design Instructor's Guide - Introduction To The Case On July 17, 1981, the Hyatt Regency Hotel in Kansas City, Missouri, held a videotaped tea-dance party in their atrium lobby. With many party-goers standing and dancing on the suspended walkways, connections supporting the ceiling rods that held up the second and fourth-floor walkways across the atrium failed, and both walkways collapsed onto the crowded first-floor atrium below. The fourth-floor walkway collapsed onto the second-floor walkway, while the offset third-floor walkway remained intact. As the United States' most devastating structural failure, in terms of loss of life and injuries, the Kansas City Hyatt Regency walkways collapse left 114 dead and in excess of 200 injured. In addition, millions of dollars in costs resulted from the collapse, and thousands of lives were adversely affected. The hotel had only been in operation for approximately one year at the time of the walkways collapse, and the ensuing investigation of the accident revealed some unsettling facts: During January and February, 1979, the design of the hanger rod connections was changed in a series of events and disputed communications between the fabricator (Havens Steel Company) and the engineering design...
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...devices permitted in class Be respectful of others – do not arrive late or leave class early without good cause Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives: This course is part of the BSBA degree program to provide students abilities to: • Demonstrate cognizant skills through case briefs and essays/reports. • Demonstrate successful, participatory team and peer performance. • Apply sound business processes to solve business problems and incorporate critical thinking skills to a series of integrated projects. • Demonstrate, through role playing and/or cases, ethical problem-solving in course content specific situations. The overall purpose of this course is...
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...Academic Purposes (EAP). In particular, it examines Critical Pedagogy, Pragmatic Pedagogy and Critical-Pragmatic Pedagogy in the context of teaching academic writing to university students. This is an important issue as there is widespread debate as to what constitutes effective EAP instruction within the academic sphere. The conflicting perspectives are that a critical approach to pedagogy, with its challenge of current ‘implicit and explicit standards’ (Cherryholmes: 1988) is most effective. Other academics argue the case of a vulgar pragmatic approach that relies on structure and ‘the notions of theory and practice’ (Williams: 1983). There is also support for a hybrid approach to EAP learning, known as critical pragmatism. This method encourages the characteristic critical pedagogical challenge of the status quo, while still requiring ideas to be translated and conveyed by means of structured ‘discourse practices’ (Cherryholmes: 1988). Finally, upon examining the aforementioned approaches to EAP by review of scholarly literature, I intend to argue affirmatively that vulgar-pragmatic based pedagogy is the best and most effective method of teaching EAP to university students. The concept of critical pedagogical learning relies on the principle that ‘the classroom needs to be continually interrogated for the ideologies it fosters and reproduces’ (McLaren: 2011). This means that ‘criticalists’ (those who support a critical approach) prefer a system of education that challenges...
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...The marriage of Tobias and Sarah was a painting done by Jan Steen in 1673. The piece of art was done using oil, painted on a canvas material. Jan Steen, who lived between 1626 and 1679, also named the work The Marriage Contract. According to Nash, Orr and Stewart (84), the theme of the picture is drawn from the book of Tobit 3:7-17 in the Old Testament. It was done based on the status of marriage during that time. The picture shows a priest instituting a wedding. The two lovers are sitting by either side of the president, ready to sign the marriage contract forms; that is probably a short time after exchanging vows. There are also other witnesses, as the setting proves the more to be in a religious place of worship. Tobias marries Sara as her parents watch the signing of the marriage contract, as visitors take to the party. It is Sara’s seventh marriage due to possession by a demon. However, Raphael the Archangel casts out the devil (Nash, Orr and Stewart 84). The piece of art represented the kind of life present in the Netherlands during the Seventeenth Century. He aimed at exposing the knowledge he had about his surroundings. There are two main reasons that led Jan Steen to paint the painting. Firstly, Steen spent much of his life in Leiden since he belonged to the Rhetoricians. Secondly, he wanted to expose the positive aspect of the community he belonged to. He achieved this by redesigning some of the previous paintings and adding a positive aspect to them. For instance...
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...CMP9500B Comprehensive Exam Solution Click Link Below To Buy: http://hwaid.com/shop/cmp9500b-comprehensive-exam-solution/ Question 1: Theory Theories play a vitally important role in guiding research and organizing and making sense of research findings. In spite of the great importance of theory-building and theory testing within your field of specialization, there is no generally accepted conception of what a theory is. Because your dissertation must contribute to theory, you must have a clear understanding of the variety of conceptions of theory, types of theories, and ways of contributing to theory and be able to justify how, exactly, your study contributes to theory. Part 1 Using Gelso (2006), Harlow (2009), Stam, H. (2007, 2010), Wacker (1999), and five additional peer-reviewed articles from your specialization, discuss scholarly views on the nature and types of theory. Compare and contrast at least three views of what constitutes a theory, including the view you will use in Part 3 of this question. Be sure to distinguish theory from related concepts, such as hypothesis, paradigm, model, and concept. Part 2 Using Ellis & Levy (2008), Harlow, E. (2009), and five additional peer-reviewed articles, review the scholarly literature on the relationship between theory and research and the ways research (quantitative and qualitative) can contribute to theory. Discuss at least three ways research can contribute to theory. Part 3 Pick a theory (in one...
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...Chapter I - Introduction (1.1) Title of the Research Project “An analysis of factors contributing to undue delays in the selection process of the Banking Trainees in the XYZ Bank”. (1.2) Definition of the Research area A critical review of the Bank’s selections process of Banking Trainees. (1.3) Statement of the Problem The total Banking Trainee budget for the year is around 300. However the recruitment unit will not be able to provide the budgetary requirement at the correct time due to undue delays in the selection process. The following key problems are caused to affect the Banking Trainee selection process. • Lack of technical competencies • Lengthy selection tools • Too more Documentation (1.4) Objectives of the Studies General Objectives Successfully completion of the professional Qualification in Human Resource Management conducted by IPM To improve my knowledge related to the Research methodology and Human Resource Management To give inputs to up brings the effectiveness of the Banking Trainee selection process of the Bank Specific objective To identify the factors affecting to delaying the selection process Create solution to improve the effectiveness of the selection process Fine tune the existing Banking trainee selection process (1.5) Scope of investigation Have to consider standard and time saving selection process in the field According to Research, Researcher would like to address the best...
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...Introduction Research is generally undertaken to assist in elaborating on and uncovering the complexities of real world problems. A problem statement was outlined and research questions were raised during the researcher’s literature review. This problem statement and research questions identified in the researchers literature review requires comprehensive and extensive research and analysis to facilitate the drawing of logical conclusions. The researcher’s literature review was based on addressing BIG DATA challenges using Semantic/Cloud Technologies and gives introduction to the pertinent propositions that will guide the strategy of the researcher’s research. Overview of Research Paradigm Willis (Willis 2007) illustrates that a paradigm is a comprehensive belief system, framework or world which guides research and practice in a specific field. Due to the multidimensional nature of the problem statement and research questions derived from the researcher’s literature review, the research will design research by...
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...Ethics in the Workplace Case Study: BP Oil Spill On April 20, 2010 off the Gulf of Mexico, there was a blowout of the Macondo well which is owned by British Petroleum also known as BP. When the blowout took place it got immediate media attention because aspects of the event were known over the world. Within events transpiring it was discovered how limited the resources and reaction to the disaster was going to be. This paper will detail aspects of the event from symptoms of the problem, the root cause, important unresolved issues, roles of the organization’s key players and stakeholders, and explain the focus of specific ethical systems. Also discussed in this paper are relevant strategies and alternatives, the effect of globalization on the choice of preferred alternatives, the most valid alternative and resolution recommendations, and an example of a successful implementation of the solution. Symptoms of the Problem Natural disasters or any disaster of any kind is hard to manage just for the purpose that these is no real planning for the situation and there is no real way to say who is in charge when a disaster happens. Concerning the oil spill with British Petroleum (BP) symptoms for the situation was that there was a delayed response, the impact on the environment and the citizens, federal regulations were lax, and the recovery efforts were not adequate. According to Griggs (2011), OPA 90 is a federal statute that holds all the responsible parties in containment, clean-up...
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