The Conflict Resolution Final Essay - 1534 Words

Conflict Resolution Final Essay Throughout the week of collaborating with team members of a different discipline within this classroom, I was greatly able to learn more about conflict not just through the lecture and curriculum taught but also through application of the concepts within my team. My team, had many conflicts when working together. There were many different dynamics within the team that had created these conflicts. Although conflict is not necessarily a negative aspect since as Walden and their group of researcher stated that conflict may lead to more creative solutions, and successful navigation of conflict that has been associated with positive bonds, such as trust and respect, between members (Walden, Javdani, Allen, 2014). However, only effective conflict can result to this preferred outcome. Many times in group scenarios, conflict is not transformed to productivity. In the case of our team, we struggled with many issues. Here are the different issues that were e xperienced and how we either resolved it or what we should have done. It also helped me understand myself as a team member. One of the activities we all did as a class was to answer questionnaires about ourselves to see which of the five categories we personally fit when it came to styles of handling conflict. My results was to collaborate with other people, trying to find a solution that cares for both goals and relationships. Collaborating seeks problem solving methods by gathering allShow MoreRelatedDifferent Cases In Conflict Management827 Words   |  3 PagesConflict management Latent conflict Scholars indicate that conflict does not just erupt but is built up in stages until it reaches final stage where it erupts and that is the final stage that will then require mediation. The first stage is usually referred to as unstable peace or latent conflict. This is experienced when the groups, people, nations or organizations involved have, some differences that bother one party or even both parties, though the differences are not so grave that theyRead MoreIntegrative Negotiation1356 Words   |  6 PagesIntegrative Negotiation By MGT 5193.E2 February 16, 2011 Definition of Integrative bargaining states that; it is a negotiation between the parties when the parties are not experiencing a direct conflict over an issue and they want to be benefitted from discussions(Negotiations betweena union†¦,n.d.). Integrative negotiation is a process in which the party’s goal is to develop a result which is benefitted to both of them. Integrative bargaining is also known as win-winRead MoreThe Conflict Of Police Brutality And Racial Profiling858 Words   |  4 PagesMia Ryder-Marks 3070037 October 2, 2017 Professor Saad Khan Final Essay Proposal Essay Summary: My exigent topic is focusing on the prominent conflict of African American males and police officials in Western nations, focusing directly on the American South. In the late 1920’s African Americans in the U.S.A, were hopeful that their struggle against racism was nearing a successful conclusion with the start of the NAACP (National Association for the Advancement of Coloured People). For many yearsRead MoreFamily Mediation And The Role Of A Mediator1400 Words   |  6 Pagesquestion here is what if the family breaks down? This essay will be aimed at discussing family mediation its benefits, deficits, and how it works in conjunction with the court. Mediation is an aspect of family law and also a form of alternate dispute resolution. It enables spouses to settle conflicts that have come about as a result of breakdown in the marriage, by reducing disputes over future arrangements such as property or children . Firstly the essay will further discuss the meaning of family mediat ionRead More`` Black Man And White Woman `` And `` A Dark Green Rowboat ``1088 Words   |  5 Pagespressure of society. I will be discussing symbolism as well as setting throughout this entire essay. In the first section I will be addressing the surroundings; establish a foundation , and illuminate some background on this story. The next part of my essay will be focusing on the conflict and how the setting demonstrates the tension between the main characters. The final section will focus on the resolution, how the lack of change in the setting is symbolic, and has a deeper meaning. This storyRead MoreHow Does Emotions Distort The Communication Process?1594 Words   |  7 PagesPaula Ellison Instructor: Jennifer Cortijo Eng 43 Close Reading Essay Lysistrata by Aristophanes Notes (To Professor) For my Close reading essay, my thesis is how emotions distort the communication process. This sentence is found within the first paragraph and it read â€Å"when emotions become involved in the process of communication, the message can be distorted, thus creating conflict that may have been avoided, had emotions not come into play†, this is my thesis because, it is the message I amRead MoreA Discussion on Trade Unions and whether Management Should Have the Right to Determine whether They Should Operate within Their Workplace1607 Words   |  7 Pagesa union, and they are unable to prevent workers from joining a union (Trade Unions 2012). In the same respect, management cannot force employees to join unions or treat their staff unfairly for belonging to a union (Fair Work Ombudsman 2013). This essay will focus on the importance of unions in the workplace and will discuss why management should not have the right to determine whether a union should operate in the workplace. This will be done by looking at the role of the union and by looking fromRead MoreThe Un Security Council : A Legitimacy Crisis And Reform1378 Words   |  6 Pagesand the United States are the five permanent members who hold the power to impose a veto on the council s resolutions under Article 27 of the UN charter. Article 24 of the UN charter establishes the purpose of the UN Security Council, the UN member states have conferred the primary responsibility of maintenance of international peace and security to the Security Council . In this essay, whether or not the UN Security Council is considered to be fit for purpose will depend on whether it is aRead MoreThe Cold War Era Has Been Characterised By Internal And Deep Seated Conflicts857 Words   |  4 PagesThe post-Cold War era has been chara cterised by internal and deep-seated conflicts (Bercovitch 2011:2). Most of the violent conflicts that have arisen in these past decades come from intractable roots, as the conflictive patterns have become part of the social system (Notter and Diamond 1996:2). They stand out by a prolonged – and often violent – struggle by local groups, who are in the need of security, ethnic recognition, equality, access to political institutions or economic participation, amongRead MoreSynthesis Essay on Indocumented Immigrants in the US901 Words   |  4 Pagesrequired to go through several of processes to map out the formula of writing our final assignment in our class: a synthesis essay. The most imperative part of our assignment was to choose a synthesis essay question on a list that our professor gave us. The second most vital ingredient in the formula was to choose two texts from our Allyn Bacon Guide to Writing book which would be the backbone of our synthesis essay that we would have to expand on and create our own ideas from. The question that

Job Analysis For A Customer Service Representative

Mariah Neuhauser MGMT 362 - Exam 1 How would you conduct a job analysis for a customer service representative position? Job analysis helps define the required skills and duties for a position so the right person can be hired for said position. A non-exempt customer service representative position needs to be filled within the company. We need to decide which human characteristics and competencies are necessary to fulfill the duties of a customer service representative. In order to define the job description and specifications, I need to interview and observe our existing customer service representatives to analyze the position s duties and to decide what makes a customer service representative successful in that position. I would pay close attention to the work activities and human behaviors our current representatives display. Performance standards would also be important to ensure quality customer service is being provided. I will use the job analysis to confirm EEO compliance, conduct performance appraisals, analyze compensation and training, and to improve the recruitment process. The job description would surround processing and modifying customer orders and returns, handling customer complaints and disputes in-person, over the phone and/or via e-mail, providing accurate information to customers in regards to information requests about an order or a product, exceeding sales goals and customer service expectations, providing feedback to our organization if there areShow MoreRelatedAssignment 2: Organizational Structure Essay1633 Words   |  7 Pagesanalyze the elements of a job analysis and discuss its significance to the hiring and employee development aspects of human resource management. I will describe the importance of a PAQ, proposing two ways the results can be used to redesign a customer service job for efficiency. I will develop two strategies that HR professionals can in the selection for a customer service position using a Fleishman Job Analysis System. I will examine the challenges for designing this job for efficiency and suggestRead MoreEval uation Of A Customer Service Training Essay1659 Words   |  7 Pageshas been assigned to create a new employee customer service training class for all new employees. Training is vital to teach new employees the knowledge and skills required for a job. According to Stewart and Brown (2012), training is â€Å"a planned effort to help employees learn job-related knowledge, skills, and attitudes† (p. 332). The purpose of this paper is to present a detailed plan of the creation, implementation, and evaluation of a customer service training class for all new employees of theRead MoreStaffing Plan Paper1347 Words   |  6 PagesLoyalty will consist of marketing, customer service, distribution, and accounting. Specific strategies to recruit the appropriate applicants including the legal compliance of said strategies will be developed in this paper. Initially HR has to understand the need for the division called Loyalty. The loyalty division will meet the needs of customers who have been with the company for more than two years. The emphasis on these customers is necessary because customers typically join a cell phone providerRead MoreMaking An Award Winning Customer Services985 Words   |  4 Pagessupport to their customer whenever and wherever they are to require it, and so to be able to provide an award winning customer services would create a better experience to the customer, and consequently creating ripple effect, first by creating a satisfied customer, to which ensures to increase a customer s chance to increase his/her business with the bank and therefore increasing the the organization revenue, and also to increase the institution net promoter score, to which the bank service have providedRead MoreCareer Development Plan1719 Words   |  7 Pagesproviding high-quality, full-service (all-inclusive) cleaning solutions and support to facilities managers, operational executives, and the health care industry; 2) eliminating the sale of only cleaning products by providing full-range service packages tailored to individual accounts; and, 3) forming multi-functional, solution-based sales teams. 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Also, the plan included a job analysis, a workforce planning systemRead MoreBusn Simulation Case Essay1676 Words   |  7 Pages| Johnson Beverage Inc | Case Analysis | | Holly Redden, Claudia Nunez | 11/7/2012 | An in depth analysis of the current costing methods used by the beverage distribution company, Johnson Beverage Inc. | Table of Contents: Executive Summary†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦1 Problem Statement†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...1 Analysis †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..1 Impact Analysis †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreCustomer Services at Datatronics985 Words   |  4 PagesRecommendation 1. 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(Cascio, 2006, p.157) These two very essential forms of information are called job analysis and workforce planning which help toRead MoreStrategic Plan and Recommendations for Improving Customer Service Performance with Effective Technology Management821 Words   |  3 PagesRecommendations for Improving Customer Service Performance With More Effective Technology Management The one area of any organization that most shows a lack of coordination and effective use of information technologies (IT) in general and Customer Relationship Management (CRM) specifically is customer service. As the team of 25 customer service agents struggle to get value from the installed IT and CRM systems, customer satisfaction suffers. The intent of this analysis is to evaluate the concernsRead MoreCareer Development Plan Part I- Job Analysis and Selection1648 Words   |  7 PagesSupervisory Team and human resources department From: KC Sales Manager Date: August 24, 2009 Re: Career Development Plan Part I- Job Analysis and Selection Now that InterClean, Inc. has merged with EnviroTech some changes in the structure of the company are going to be made. The company will no longer sell only cleaning products but will also provide full-service cleaning solutions for organizations in the healthcare industry. A new sales team that will be using a specialized development plan

According To the Principles of Common Law Contributory Negligence

Question: Discuss About the According To the Principles of Common Law Contributory Negligence? Answer: Introducation: In the provided scenario Keith would be referred to as the defendant and Ruth would be referred as the Plaintiff. The plaintiff in this case would file a claim for damages with respect to breach of duty of care by the defendant which arises out of negligence in the law of torts. It is on the plaintiff to prove that he had suffered from the negligent actions taken by the defendant (Osborne 2015). It has to be proved beyond doubt that the injury caused to the plaintiff has resulted from the negligent act of the defendant that is if the act did not take place than the plaintiff would not have been injured. In this case it has to be proved that a duty of care was owed by the defendant towards the plaintiff. The plaintiff then needs to prove that the negligent actions of the plaintiff made him breach the owed duty. Finally the plaintiff has to prove that the breach was the reason the injury had been suffered by the plaintiff. The remoteness of damage also has to been established by the pl aintiff and show that the remote damage was a result of the harm (Daye and Morris 2016). The law in relation to the tort of negligence is generally dealt by common law. Through the case of Donoghue v Stevenson 1932 AC 562 the concept of neighbor principle had been provided. In this case the plaintiff went to a bar with his friend and ordered a ginger beer. The bottle in which the beer was provided was opaque. The plaintiff consumed the beer and at the end found snail in it. The sight made the plaintiff mentally and physically sick. The plaintiff decided that he would take action against the injury suffered by him. The plaintiff consumed the beer manufacturer for the damages suffered by him. It was argued by the defendant in this case that there was neither any legal or contractual relationship between the plaintiff and the defendant (Jeffries 2013). The defendant had a relationship with the bar owner but not the plaintiff. In this case the court made the neighbor principles that is to love a neighbor law and was modified into one must not cause injury to his neighbor. Th e court further provided in relation who can be considered as a neighbor by stating that a person who can be directly or closely affected by the act of the person and the person could reasonably foresee that his acts could harm the other. The court thus held that the claim made by the plaintiff in this case was justified as the manufacturer could foresee that the defect in his goods could harm the consumers (Henderson, Kysas and Pearson 2017). In this case it was further provided by the court that the existence of a duty of care is not enough to held a person liable for negligence. It has to be proved that the person observed negligence towards his course of action and breached the duty of care. The sole breach in duty of care is also not a complete basis for claiming damages until and unless an actual injury is caused to the plaintiff because the duty was breach a claim for negligence does not arise. In order to determine whether a duty of care exists or not the type of injury that has been caused needs to be considered. In case the loss is in relation to damage of personal property than the Caparo test has to be applied. The caparo test had been provided by the case of Caparo Industries pIc v Dickman[1990] 2 AC 605House of Lords. According to the test the foresee ability with respect to damage in any condition is the fundamental ingredient to analyze the duty of care. Once the existence of the duty of care has been established by the application of the test, the duty has been breach or not has to be proved by the plaintiff. The objective test which was used and provided by the case of Vaughan v Menlove(1837) 3 Bing N.C. 467 has to be applied. With the objective test it is analyzed by the court that a prudent person would have committed the same mistake or would have taken extra precautions in similar circumstances. In this case the haystack of the defendant had been exposed to fire because proper ventilation was not available. He had been warned about the defect several times by the plaintiff who was damaged due to the fire. It was argued by the defendant in this case that he used his best decision making skills with respect to the ventilation. The court rejected his argument and held the claim of the plaintiff by comparing the actions of the defendant with a reasonable man (Shulman et al. 2015). Whether the injury has been caused due to the negligent action or not is determined using the but for test. In the case of Barnett v Chelsea Kensington Hospital[1969] 1 QB 428 the but for test had been provided by the court. . In this case the plaintiff went to the hospital with the complaint of vomiting and severe stomach pain. He was told by the doctor to consult his general physician and go home. The plaintiff died after five hours as he was suffering from arsenic poisoning. It was held by the court in this case that the defendant was not liable for the breach in duty of care. In this case the but for test had been applied by the court to determine the question. The court held that even if the doctor would not have been negligent the plaintiff would have died in any case. Thus according to the test if the injury would have take place even if the act was not committed than it does not account to negligence. According to the principles of common law contributory negligence can be used as a partial or complete defense against the liability in negligence. The concept of contributory negligence has been used successfully in the cases of Revill v Newbery[1996] 2 WLR 239 and Nettleship v Weston[1971] 3 WLR 370. In the case ofPitts v Hunt[1990] 3 All ER 344 it was found that the plaintiff had contributed 100% towards the harm caused to him. The concept of contributory negligence arises when although the tort of negligence exists after the satisfaction of all its essentials it has been found that the actions of the plaintiff has partially or wholly contributed towards the harm caused to him. In this case the liability of the wrongdoer is adjusted based on the percentage of contributory negligence made by the plaintiff. For instance, if the plaintiff has contributed 30% towards the harm caused to him than the defendant has to pay only 70% of the total damages allocated to the plaintiff (Cusimano and Roberts 2016). When remedies are provided by the court to the person to whom the harm has been caused certain principles of remedies are followed. In the case of British Transport Commission v Gourley[1956] AC 185 it was provided by the court that that plaintiff should not be given any compensation more than what he has suffered as a loss. The primary motive of the court is to restore the position of the plaintiff which he would have been if the negligent act would have not been committed by the wrongdoer. The court generally provides monetary compensations in relation to the tort of negligence (Epstein and Sharkey 2016). In the present case study Ruth wants to claim damages against Keth for the loss suffered by her. Keth is a carpenter who is not qualified but has still advertised about his services. As the plaintiff required some wood work she contacted the defendants. The defendant who did not have proper knowledge about the work has negligently used an old ply where he had to use a fresh wood. As a result the old ply got damaged and according to the plaintiff he got hurt due to the negligent act of the defendant. Firstly the neighbor principle has to be applied in order to determine whether a duty of care existed in the first place or not. As discussed above if the actions of a person affect another and he reasonably foresees that the action can be a cause of harm caused to another their person owes a duty of care. Thus in this case it was reasonably foreseeable for the defendant that if he does not use proper material with respect to the repairs the plaintiff may suffer an injury. As the neighbor principle has been satisfied it can be said that a duty of care is owed by the defendant with respect to the plaintiff. Now in order to analyze that the defendant breach the duty of care or not the objective test has to be applied to the facts. The action of the defendant has to be compared with that of a reasonable person in order to come to a conclusion that the actions were reasonable or not. In this a prudent carpenter would have known the risk of using old wood in the repair work and the same action has not been taken by the defendant. Thus the defendant has breach the duty of care which the plaintiff expected from him to company with. It has to be further analyzed according to the principles of Donoghue v Stevenson that the harm was a result of the negligent action taken by the defendant or not. The thread which had been replaced by the defendant had fallen due to his negligent actions as discussed above. If the thread had not fallen than the plaintiff would have not suffered the injury caused to him. Thus it can be said that the cause of harm was the negligent action of the defendant. However the plaintiff in this case was carrying materials which were obstructing her view. If the materials were not present in the hands of the plaintiff than the view would not have been obstructed and the plaintiff would have seen the fallen thread and thus the harm could have been avoided. It has to be analyzed in this case by applying the objective test that the actions of the PLAINTIFF were negligent or not. Comparing the actions to that of a prudent person it can be said that the plaintiff should have not carries materials by which her view has been obstructed. Thus the plaintiff was also negligent in her actions providing a scope for contributory negligence. As discussed above when the concept of contributory negligence comes into the question the defendant can use it as a total or partial defense. It is for the court to analyze in this case that how much compensation if at all should be given to the plaintiff because of the percentage of contribution done towards the neglige nt act by her. With respect to the claim for twelve months of earning loss by the plaintiff the principles related to remoteness has to be applied. According to the case of The Wagon Mound no 1[1961] AC 388 only damages which could be reasonably foreseen by the defendant and which are not too remote are to be compensated. In this case the plaintiff only suffered injuries which could be recovered in two mothers she herself opted not to work for twelve months so she is only entitled to damages for two months and the cost of her treatment. In this case the court would put the plaintiff in the same position which she would have been if the negligent act would not have taken place. the plaintiff is not entitled to any more compensation that what she has lost. Concluding the paper it can be said that there was negligence on the part of both the plaintiff and the defendant. With respect to the defendant all essentials of negligence have been proved against him. The plaintiff is also liable for contributory negligence in this case. Thus the damages to be awarded to the plaintiff would be adjusted according to the principles of contributory negligence References Barnett v Chelsea Kensington Hospital[1969] 1 QB 428 British Transport Commission v Gourley[1956] AC 185 Caparo Industries pIc v Dickman[1990] 2 AC 605 Cusimano, G.S. and Roberts, M.L., 2016. Contributory Negligence and Assumption of Risk.Alabama Tort Law,1. Daye, C.E. and Morris, M.W., 2016.North Carolina Law of Torts. LexisNexis. Donoghue v Stevenson 1932 AC 562 Epstein, R.A. and Sharkey, C.M., 2016.Cases and materials on torts. Wolters Kluwer Law Business. Henderson, J.A., Kysar, D.A. and Pearson, R.N., 2017.The torts process. Wolters Kluwer Law Business. Jeffries Jr, J.C., 2013. The Liability Rule for Constitutional Torts.Va. L. Rev.,99, p.207. Nettleship v Weston[1971] 3 WLR 370 Osborne, P., 2015.The law of torts. Irwin Law. Pitts v Hunt[1990] 3 All ER 344 Revill v Newbery[1996] 2 WLR 239 Shulman, H., James, F., Gray, O.S. and Gifford, D.G., 2015.Law of Torts: Cases and Materials. The Wagon Mound no 1[1961] AC 388 Vaughan v Menlove(1837) 3 Bing N.C. 467

Amazon versus Webvan

Amazon versus Webvan AbstractBoth Amazon and Webvan were well-funded Internet startups in the 1990's. Both focused on a business model that allowed consumers to order products online that would be delivered to the consumers home. In the article, we discuss why Amazon succeeded while Webvan failed.The Two Companies' BackgroundAmazon: Amazon.com, Inc. Amazon.com, Inc. is a Website where customers can find and discover anything they may want to buy online. Jeff Bezos founded Amazon .com in 1990and in July 1995, Amazon.com, Inc. the Fortune 500 Company commenced its operations becoming one of the world most customer-centric company, and selling Worlds Biggest Selection. They offer their customers the lowest possible prices and highest quality. They sell millions of unique, new, used and collectible items in categories such as apparel and accessories, electronics, computers, kitchen and house wares, books, music, DVDs, videos, cameras and photo items, office products, toys, baby items and baby registry, softw are, computer and video games, cell phones and service, tools and hardware, travel services, magazine subscriptions and outdoor living items.Webvan Delivery VanThe Company organized its operations into four principal segments. 1. North America Books, Music and DVD/Video (BMVD); 2. North America Electronics, Tools and Kitchen (ETK); 3. International, 4. ServicesWebvan: Webvan was started in 1996 by Louis Borders and was established to sell groceries over the World Wide Web. George Shaheen resigned as CEO of Anderson Consulting to take advantage of the opportunity to become CEO of Webvan. Webvan, which originated as an online grocery service, delivers food (including its BestYet label, a co-brand with food distributor Fleming Companies) and non-prescription drugs to their customers' doors. Webvan's vision was to provide grocery-shopping solutions that would save consumers both time and effort, without sacrificing the quality, selection, and low prices of traditional brick-and-mortar s tores.Why Amazon...

The Great American Conflict of Interests

The Great American Conflict of Interests What developed into the civil war between the North and South originated from geological differences, which led to economic and then moral conflicts of interest. The way in which colonists adapted to their surroundings in the early years of the European settlement of America directly affected the way in which their economies would work, the way their people would live and the moral standards by which they would live by. The War Between the States did not just suddenly occur but rather it took nearly two centuries of developmental differences to finally set it off. When the Europeans began to settle the South in the mid 1600s they took notice of how different the land was from the land in the North. The South was an ideal environment for growing crops. Certain colonies primarily grew one type of plant called a cash crop. Thousands of acres of land spread across the continent full of untapped natural resources. Colonies such as Virginia and Maryland had found a cash crop in tobacco (Americans 38). While South Carolina had grown indigo and rice as their staple crops, the people of North Carolina, used the principal exports of wood and wood by-products from its pine forests, (Americans 38) as their main export. Realizing that there was much money to be made in America the southerners started forming large farming communities called plantations. The plantations were mostly self-reliant and highly profitable but needed a large amount of laborers to keep them going. Indentured servitude was usually t! he first choice among plantation owners as the best way to staff the farm and save money. In exchange for usually seven years of labor, a plantation owner would pay the way for an immigrant from a foreign land to America. This is the practice that led to slavery in America. Realizing that it would be even cheaper to just buy slaves for life instea...

The film The Searchers by John Wayne (1868) and Mary Rowlandson Essay

The film The Searchers by John Wayne (1868) and Mary Rowlandson narrative - Essay Example The film "The Searchers" by John Wayne (1868) and Mary Rowlandson narrative. Both the narratives, on the civilizational clash between Indians and the settlers, have been criticized as racist and also gender insensitive by forthcoming critics. For example, the narrative of Rowlandson though provide many examples of Indians’ kindness to her, she seems to blindly accept of the Western stereotype of bad Indians and good â€Å"Christians† (Rowlandson, 244). She (Rowlandson) always generalizes by calling Indians â€Å"enemies†, â€Å"barbarous creatures†, â€Å"inhumane creatures† and â€Å"infidels† (Rowlandson, 14, 45, 13). Though, this is the case with Rowlandson’s narrative, she has shown the honesty not to omit any of the several kind acts that Indians, especially Indian women, did to her. But in the film, The Searchers, the hero of the film attributes not even a single good quality to the Indians. And in the first scene itself, the lead character, Ethen is seen behaving in a contempt-filled manner to the half I ndian, Martin, who is the foster son of his brother (The Searchers). Ethen even rudely tells Martin that he looks like a â€Å"half-breed† (The Searchers). Here, it has to be noted that Rowlandson had good reason to hate Indians, but Ethen had none, as far as the viewers know. Even then Ethen is found to be more intolerant towards the Indians than Rowlandson. This contradiction can partially be attributed to Rowlandson being a woman, and Ethen being a man. In all the civilizational clashes in history, men have been the conquerors while women stayed on the margins of such power game. It was never their war. And that is why Ethen is more racist than Rowlandson- because it is Ethen’s (and all the men’s) war actually. There is no where in these two depictions, even a suggestion that Westerners were also imparting similar atrocities upon Indians, which were far more wide spread as compared to the Indian excesses. The puritan attitude of the West of that period, and t he hypocrisy involved with that notion is evident from the fact that Ethen wants to murder his brother’s daughter because she became wife to an Indian, and thus strangely deprived of even the affection of her uncle (The Searchers). But in the Rowlandson narrative, Weetamoo, the wife of Rowlandson’s Indian master, is acknowledged as a powerful and self-asserting woman though Rowlandson never seems to fully realize the rights and powers that Indian women enjoy in their society (Rowlandson, 4). Rowlandson herself has described Weetamoo in the words, â€Å"a severe and proud dame she was, bestowing every day in dressing herself neat as much time as any of the gentry of the land† (37). In her narrative, there are many Indians and Indian women who give her food and shelter (Rowlandson). For example, an Indian gives her a pancake to eat when she was hungry and another Indian woman gives her a a piece of

Coping with Stress (SLP) Module 3 (BHS400) Stress Management Essay

Coping with Stress (SLP) Module 3 (BHS400) Stress Management - Essay Example The journal also reviews a couple of OSM programs showcasing their applicability to the clinical environment as well how cost-effective an effective OSM is to employers. Edward and Burnard (2003) in this source take an in-depth research aiming at identifying stressors, moderators, and all possible and actual outcomes of stress. In their study, Edward and Burnard include measures of stress, burnout, and satisfaction at the work place. With a sample size of 2000 people, the research is relevant in stress management as it identifies the possible causes of stress as well the specific outcomes of different types and levels of stress. In this case, the source provides a background information useful in crafting a stress management program. In this journal source, Murphy (1984) takes into consideration the merits of OSM as he compares studies within the dimensions of work group type, format and the orientation of programs, methods of managing stress, non-specific effects, and the maintenance of skills and benefits on the long run. With reference to worksite stress management programs, Murphy identifies that research connecting the above mentioned factors is fragmented and does not quite satisfy the question, ‘how effective are OSMs with regards to work group-type, format and the orientation of programs, methods of managing stress, non-specific effects, and the maintenance of skills and benefits on the long run. However, his conclusion, that OSMs are effective in aiding employees to cope with stress, merits the relevance of the source with respect to stress management. Employee appraisals to stress at the workplace are the focus of this journal source as Murphy (1996) examines a number of stress management interventions and their effectiveness. With a research approach, Murphy employs a variety of interventions to stress management as appraises their effectiveness from his sample responses. In this case, the source provides credible information linking stressful