... Introduction Today’s business environment is full of fierce competition from both the ancient and the newly uprising companies. A myriad of Companies around the world are trying to fight for similar customer base and this has seen a vast majority of companies throwing in the towel due to the daunting and exasperating process of trying to reach the top. It is with these profound reasons that most companies have now developed a great array of skills and techniques in captivating the customers to attain the designed goals and objectives (Bhatnagar, 2004). One of the businesses that are known to face such extreme competition is the Wal-Mart Company. Wal-Mart is widely known for its vast range of chain stores that provides the world with the best and most affordable and accessible forms of technology. It is more so known to provide some of the latest stellar digital forms of technology and other appliances that are vital for human use. However, Wal-mart success has been hanging on the balance due to its recent controversy on its compensation plan. For sure this has not been a piece of cake and exasperating has it been for the company to retain back its lost glory. It is because of this that this paper is written to providing stellar corrective measures on compensation plan. Evaluation of the current pay structure used by Wal-Mart Company and the recognition of employee contributions. Compensation management is the strategic process of aligning...
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...Diversity in the Workplace / Wal- Mart Case Shirley Nolan October 30, 2011 Class #: 1109MGMT Section: 610514 Turnitin Score: 14% This Research paper is about diversity in the workplace. It also talks about how management handles diversity in the workplace and how they view it. The case that I will be talking about is the Wal-Mart case. This case will also show you how leadership played a very important role in this case when it comes to the managers that work for this company. This case had a big in pack on the retail organizations around the world. Woman that works for Wal-Mart are not given the same advances that the males are in the same position in this company. I also talk about some suggestions that managers at Wal-Mart could have done different to stop this case from going to the Supreme Court on June 20, 2001. One of the most significant issues that management faces today is diversity in the workplace. “Diversity means employing people without discrimination on the basis of gender, age and ethnic or racial background.” (Graves, 1993, p .4). Diversity has important implications for the values of an organization’s culture and for organizational effectiveness. Management is the process by which a person in a supervisory role focuses on planning...
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... 2014 Barsz v. Max Shapiro, Inc., 600 N.E.2d 151 (Ind. Ct. App. 1992) FACTS: Marjorie Barsz brought negligence action against Shapiro’s Delicatessen Cafeteria in Indianapolis to recover for injuries as a result of slipping and falling while in the restaurant. On October 28, 1989, while eating breakfast at Shapiro's, Mrs. Barsz slipped and fell as she walked toward the restroom, stating that she slipped on ‘something’ like ice or grease. Barsz sustained multiple injuries, including a broken right ankle and left kneecap as a result of her fall. Barsz states that she was carrying her purse and sunglass, not wanting to leave anything at her table, and was not in a hurry. Summary judgment was granted for the restaurant, but the Barsz’s appealed. ISSUE: Whether Shapiro’s caused Barzs’s accident due to negligence in maintaining safety on the floor of the restaurant? RULE: Golba v. Kohl’s Dept. Store, Inc., Ind. Ct. App. 585 N.E.2d 14 (1992). ANALYSIS: Barsz failed to establish negligence due to lack of proof that the liquid was on the floor for reasonable amount of time for manger or employees to notice said spill. CONCLUSION: Restaurants are not responsible for the unconditional guarantee of customer safety and are not liable for falls occurring before given the reasonable amount of time to remove substances from its floors. Samantha Smith FACTS: While shopping with her two year old son at the local grocery store, Samantha Smith said she slipped...
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...Civil Rights and Liberties Supreme Court Case 2 Douglas Ganim Thursday, November 5, 2015 VOTE: 5-4 in favor of Sally Spyalot, Director of National Security Agency JUSTICE ALITO delivered the opinion of the court Shortly after September 11, 2001, at the request of the National Security Agency, several of the major phone companies were asked to provide phone records for all calls made within the United States, and all calls made to the United States from other countries. The data the NSA received, provided information on the phone number the call was made to and from, the call’s duration, the date of the call, and the time of day. No Financial data, nor content of the calls, were ever obtained by NSA. This action proceeded without a warrant for any of the information provided. In addition, there was no individual suspicion since this was considered “meta-data” or “bulk data collection” of phone records. The vast majority of the data was analyzed by computer programs and never looked at by NSA personnel. Before we delve into an analysis of the court’s decision in this case, it is prudent we first address an important point. Prior to the September 11, 2001 terror attacks, few American’s contemplated a threat to homeland security. Today, the fear of terrorism is ingrained in our daily thoughts. Following the events of 9/11, American’s sense of safety nearly vanished, and the direction, and scope of national security were forever changed. The National Security Administration...
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...the case, may I continue? Harridges is an exclusive London department store; the respondent Mr Ramsey visited the store. After approaching a counter in which a rare item of French truffle was placed with an attached price tag. The respondent ordered 16 grams, amounting to a total price of £16,000. The attendant directs the respondent to take the ticket and go to the cash desk and then collect the truffle upon payment. Mr Ramsey receives a phone on his way to the cash desk, ultimately resulting in his decision not to buy the truffle. Due to the respondent’s refusal to pay, my client bought a claim against the respondent for breach of contract. However, In the previous court it was held that the respondent had no contractual obligation to purchase the truffle, as the ticket and the payment were not presented at the cash desk. For this reason, my clients would like to appeal on the ground that the contract was concluded upon acceptance of 16 grams, prior to the grating of the truffle. My lady, I would like to make it clear that my client is requesting that the appeal be allowed and the decision of the previous court be revered. I will be making two submissions, firstly, in regard to how the respondent showed clear signs of contractual intent, I will be using the case of Storer v Manchester City Council and my second submission includes the understand of a reasonable man, with reference to Smith v Hughes. My Lady may I proceed with my first submission? We can clearly...
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...com/Academic/LW/LW--Samples/SampleMemoSTCL.pdf You will need to research the position of the individual whom you are representing. What are the positions regarding each party in this case – that is, The Corporation, John Smith and Joe Doe? To what extent do these individuals’ values reflect their positions toward the issue, toward the plaintiff, toward the tribe and toward the state? Would it make any difference whether this took place in a PL 280 or non-280 state? When you have determined the answers to these questions, begin your legal research and prepare to argue your case in court. You will need to analyze pertinent law as we have done in class, looking for facts, issues and analyses, just as the online memo templates suggest. When you mention a particular case, you must cite it using the following hint: Montana v. United States, 450 U.S. 544 (1981), 546. Remember, your boss is very lazy and hates research and has forgotten everything he ever learned in law school, so you’re going to have to explain the whole line of cases leading up to this one, starting with the founding cases of federal Indian law. I don’t see how you’ll be able to do it in any fewer than 4 or 5 pages. FACTS: The Corporation operates a retail store on the Xtribe Reservation. The store sits on land held by the United...
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...Stat. § 1A-1, N.C. R. Civ. P. 12(b)(6). A claim for relief must still satisfy the requirements of the substantive laws which gave rise to the pleadings, and no amount of liberalization should seduce the pleader into failing to state enough to give the substantive elements of his claim. While an incorrect choice of theory should not result in dismissal of the claim, the allegations must suffice to state a claim under some legal theory. Morrow v. Kings Dep't Stores, Inc., 57 N.C. App. 13 (N.C. Ct. App. 1982). Our Supreme Court has stated: "'A [complaint] may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim,' [b]ut a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim." Sutton v. Duke, 277 N.C. 94, [102-03], 176 S.E.2d 161, 166(1970), quoting Moore, Federal Practice, § 12.08 (1968). (Emphasis...
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...TO: Steve Stinson Esquire FROM: Paralegal DATE: March 18, 2015 RE: Smith v. Growler's Groceries This memorandum summarizes my interview and findings with Ms. Jones and summarizes Ms. Jones' credibility as a witness. The memorandum also includes the duty of care owed by the Growler's groceries store to it's customers. Additionally, included are facts that show that Growler's grocery store did not comply with the applicable standard of care. INTERVIEW OF ROBIN JONES I spoke with Ms. Jones at her home on Friday, March 1, 2015 at 9:30 AM. She is a Caucasian woman of petite height and build. She was clothed in her jogging outfit having just returned from her morning run. Ms. Jones demeanor was grim and long-faced as if she dreaded having me interviewing her, but she did offer me a seat and beverage. Ms. Jones admitted witnessing the slip and fall of Sally Smith. Ms. Jones recalled that she saw the blue liquid one the floor. She remembers the spill to be about 2 feet wide and 2 feet long and the source of the puddle was from a liquid floor detergent that according to her, “must have fallen from the shelf” onto the aisle floor. Ms. Jones stated that when she saw the spilled liquid she notified her supervisor,, assistant manger, Percy Potter. Ms. Jones stated she was instructed by the assistant manager to place multiple, caution spill clean up in progress signs, around the spill while the assistant manger called for someone from the maintenance crew to clean...
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...Part 1: Samantha Smith-Slip and Fall Memorandum To: From: Date: 2/1/2014 Re: Samantha Smith Facts Samantha Smith was in her local grocery store shopping with her son. While shopping in the shower isle, Samantha slipped and fell in a clear gel that had leaked out of one of the bottles. When she fell she suffered a broken hip and now has to have months of physical therapy to recover. The store has an employee that checks the aisle every hour at the top of the hour. The employee in charge of the inspection that day was an older gentleman with glasses. The last logged inspection was at 1:00 p.m. Samantha slipped and fell at about 1:30 p.m. Samantha is stating that the store was negligent and at fault, and is seeking compensatory damages for her injuries. Issue Whether the store is at fault for the injuries sustained by Samantha and therefore owe damages to Samantha. Answer Yes, the store is at fault. It is their duty to insure reasonable care towards the safety of its customers. Rule Ind. Code § 34-51-2-5 (West 2013). Discussion Indiana is a modified comparative fault state. § 34-51-2-5, states that you can collect compensatory damages as long as you are fifty percent or less at fault than the other party involved. A judge, jury at trial or an insurance company determines the level of liability or fault as a percentage for each party. Once the percentage is determined, it is applied to any possible damages (the jury’s verdict or the insurance claim limits). The plaintiff’s...
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...Thomas v. Winchester (1852) Facts: Mrs. Thomas was prescribed dandelion extract, but the bottle was mislabeled and actually contained a poison. Mrs. Thomas's husband had purchased the extract from druggist Ford who purchased from druggist Aspinwall who purchased from Winchester. Thomas sued Winchester and the trial court ruled in Thomas’s favor. Winchester appealed, stating that because he was not the direct vendor of the item and there was no direct connection between he and Thomas, Thomas could not sue him. Issue: Despite there being no direct connection between Thomas and Winchester, can Thomas sue Winchester Decision: Yes Reasons: The Court decided to make an exception to the theory of privity, based on Winterbottom v. Wright, in this case because of the inherent danger of poison, and death or great bodily harm was the natural result of the mislabeling of poison. Winchester had a duty to Thomas because it was the nature of his business that there would be a lack of privity if poison was mislabeled. Sub brief: Winterbottom v. Wright (1842) Facts: Wright owned a coach business and contracted with the Postmaster-General to supply coaches to carry the mail. As part of the contract, Wright agreed to keep the coaches in good condition and personally assume the duty of all maintenance and repairs. Atkinson also contracted with the Postmaster to supply horses and drivers for all coaches. Winterbottom, the plaintiff, was employed by Atkinson as a driver. One day, he was driving...
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...I. Challenges o After finding a partner who is willing to invest and become a partner in his business, Terry Smith is having difficulty in deciding whether he should make a counter offer to the proposal that his partner Barney Harris has made, to look for a new partner, or to walk away from the deal altogether. After re-evaluating the partnership proposal, Smith realized the real question was not whether the deal was good enough but whether the proposal will help him reach his goals. II. External environment o This Ice Cream Shoppe would be located in the southern region of the country in Gainesville, Florida with a population of 91,000 excluding students of the local university which enrolls about 38,000 students. Economically, marketing research shows that Gainesville can potentially surpass the average sales of some areas since it will be located in a college town. With many competitors in the frozen dessert industry in the area, Beano’s have received several competitive advantages in the industry because there are no national competitors of superpremium desserts, no local competitors have a place for customers to sit outside, and no local competitor has a policy of “giving back to the community”. With $40,000 invested in equipment for a Beano’s franchise shop, current use of technology seems to be of importance. o 5ForceM: New entrants: Increased competitive pressures from new entrants such as Starbucks, Colombo, TCBY, and Swensen’s; and new product development for...
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...Harvard referencing: a guide for SoM students Introduction Academic work demands that you consider the work of other writers and researchers. To use their work without acknowledgement is to steal the ideas of other people and is called plagiarism. You should acknowledge the sources which have informed your work by citing them in the text of your work, and referencing them at the end of your essay, project report, dissertation or thesis. Otherwise, you run the risk of being accused of academic misconduct. There are several widely used methods for writing references. The School of Management uses the Harvard system. If you do not use this method properly you will lose marks. What sources of information should I be reading? Before you use any document, you should consider the quality of the information it provides. Articles published in refereed academic journals are the most authoritative, because they have been through a thorough checking process known as peer review. Books may not have been checked so rigorously by their publishers. Articles in newspapers and trade magazines are not checked as carefully as those in refereed academic journals so may not be as reliable. And information found on the Internet needs to be treated with caution, as anyone can put material there, accurate or otherwise! How do I put a citation in my text? To avoid being accused of plagiarism, you need to put a citation in the text you are writing whenever you mention another person’s work. This...
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...would be suspended for refusal until after New Year’s Day. Though the petitioners, Mary Beth and John Tinker and Christopher Eckhardt, were aware of the regulation that the school authorities adopted, they still wore their armbands to school as planned and were suspended when they refused to remove them. Tinker v. Des Moines Sch. Dist. 393 U.S. 503 (1969) b. Case: 655 S.E.2d 232 Leilani Capp, Grandmother and guardian of Brian Hunter Sykes, filed a suit against Carlito’s Mexican Bar and Grill to recover compensatory and punitive damages when an incident occurred that resulted in Sykes obtaining injuries from a car crash. Sykes’ mother took him to Carlito’s bar, where she drank heavily, drove herself and this child home intoxicated, and then crashed her vehicle on the way home. Capp alleges that a bar employee knowingly served alcohol to the child’s mother while she was already severely intoxicated, thus resulting in the car accident. The Court of Appeals held that there was no way of knowing if an employee served Sykes’ mother, and that the grandmother had no right to recover damages as she had only adopted Sykes’ following the accident. Capp v. Carlito's Mexican Bar & Grill No....
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...TABLE OF CONTENTS INTRODUCTION 2 PART 1 – The essential elements required for formation a valid contract 3 1. Agreement 3 1.1 Offer 3 1.2 Acceptance 4 2. Consideration 5 2.1 Adequacy and Sufficiency of consideration 5 2.2 Privity of contract 5 3. Intention to create legal relations 6 3.1 Domestic arrangement 6 3.2 Commercial agreement 6 3.3 Capacity 7 PART 2 – The impact of different types of contract 8 1. Verbal contract 8 2. Written contract 8 The parol evidence rule 8 3. Implied contract 9 PART 3 – The effect and meaning of different terms of contract 10 1. Condition 10 2. Warranty 10 3. Implied term 11 CONCLUTION 12 REFERENCE 13 INTRODUCTION The assignment is the presentation about the knowledge and understanding about Aspects of Contract and Negligence for Business subjects of student. The assignment is divided into three main parts. The first part discusses about the essential elements of a valid contract, the second part discuss the impact of different types of contract and the last one demonstrates the theories applications of these term of contract in given business situation. This assignment will help student link theory to practice by applying in typical examples. It is assessed by Mr. John Andre – teacher of Aspects of Contract and Negligence for Business subjects at ITP – Banking Academy PART 1 – The essential elements required for formation a valid contract A contract is defined as an agreement which legally binds...
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...1. After viewing the tutorials on finding a case in Westlaw, please locate the following legal sources. Give the proper bluebook citation for the source and also one paragraph summary of its contents. a. Case: 39 U.S. 503 (the case came out in 1969) Tinker v. Des Moines Independent Community School District. 393 U.S. 503, 506 (1969). John and Mary Beth Tinker and their friend Christopher Echardt decided to protest the Vietnam War. They decided to wear black armbands to school during the Christmas season. The principal heard about this and feared there would be a disturbance so the armbands were banned. If the students refused to remove them, they would be suspended until the protest ended, which was New Years. They were suspended for wearing the armbands. b. Case: 655 S.E.2d 232 Capp v. Carlito’s Mexican Bar and Grill No. 1, 655 S.E.2d 232 (2007) A trial court erred in granting summary judgment to a restaurant in a suit brought by a guardian of an injured child pursuant to Georgia’s Dram Shop Act. O.C.G.A. ? 51-1-40, as an issue of fact existed whether or not the restaurant’s server knowingly served alcohol to the child’s mother while she was in noticeable intoxication state. c. Statute: 29 U.S.C. §621 Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §621 The purpose of this chapter is to promote employment of older persons based on their ability rather than by their age. It is also to prohibit any age discrimination in employment...
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