BUSINESS LAW Master Essay Example | Topics and Well Written Essays - 1500 words

BUSINESS LAW Master - Essay Example In addition negligence is a legal cause f damage if it directly or contributes to produce such damage, so it is reasonably to say that the loss, injury or damage would not have happened if there is no negligence act. There are three essentials involved in determining negligence case. Duty f care, Standard f care and sufficient connection in law. A plaintiff must successfully prove that the defend owed all these essential to them, in order to claim legal damage or remedies. If one more f these essential are missing, the claim for negligence will be unsuccessful. Duty f care means a duty to take reasonable care or exercise reasonable skill. (Latmier, P.2004, p.197). Basically court observes recognized duties f care between professionals and clients, manufacture to consumer, schools to students, employers to employees. Duty f care is the legal requirement that the defendant must stick to a standard f conduct in protection others from unreasonable risk f injury or loss. To be liable for negligence in relation to another person, a person must owe a legal duty f care to that another person, its mean if there is no duty f care owe by the defendant, the plaintiff claim must fail. There are two types f duty f care, duty f care... in negligence act (physical injury or damage) and duty f care in negligence advice, according to the case, it can be seen that it is a negligence act f physical injury to plaintiff, as result as this report will be discussing about duty f care in negligence act (physical injury or damage). To prove that the defendant owe a duty f care is by doing the two test that Lord Atkin had established. And those tests are doctrine reasonable foresee ability and proximity. These two fundamental were devised and stated by Lord Atkin when dealing with the Donoghue v Stevenson case in 1932, and called these elements put together, "the neighbor test". Both these two elements are required in establishing a duty f care was owed. Reasonable foresee ability is whether a reasonable person, in the position f the defendant, have foreseen the like hood f injury to the plaintiff arising out f the defendant's behaviour (Moore, 2005, p.22). From this case that we had seen Mr. Chuck is ordered by his boss to work on a metal frame at manufacture, there is a big chance that the frame which weighing half tone supported by a heavy chain will snap one day and injure the employees who work near the frame, on the other hand the chain breakage is due to the failure f the employer to properly maintain the chain. In addition it does not required the exact nature f the loss or injury been foreseen, just the possibility injury f the same common nature as that suffered. Latmier (2002, p.204) notes that, the proximity requirement is introduces by the law to limit the test f reasonable foreseeability. Proximity between the defendant and plantiff needs to be established before a duty f care can arise. Proximity is defined as, we the proximity f the injured plaintiff such that the defended ought to have had

Macroeconomics Term Paper Example | Topics and Well Written Essays - 2500 words

Macroeconomics - Term Paper Example It is therefore that investment that is made to obtain the lasting interest in a business that operates in an economy as opposed to that of the investor’s voice of having direct influence in the management. According to the United Nations World Investment report, Foreign Direct Investment is defined as an investment that involves relationship and a reflection of control of the foreign direct investor in an enterprise in a foreign affiliate. Long term differentiates FDI’s from the portfolio investments which are on a short term basis with insecurities turnover. It is no doubt that foreign direct investment acts as a catalyst for the economic transformation in a myriad of economies across the globe. One of the major benefits of foreign direct investment is that it provides finance for the acquisition of capital goods. It also facilitates the transfer of technology from relatively more advanced economies to less developed ones. It also results into the positive spillovers to the continental economy through various linkages with the local supplies, imitation, competition. However, it can also result into negative spillovers and therefore deteriorates growth in a country. This will make people fear from investing in the country given that it is possible of loosing. With the benefits stated, there has been an upsurge in the demand especially over the last two decades. Although the demand has increased, there has been a variation between and within regions. Up to 1980, the Caribbean and Latin America were the largest recipients of the FDIs. The situation changed in late 1980’s with the appetite being diverted to the Pacific and Asia countries. UNCTAD 2000) The two regions catered for the 85% of the FDIs injected to the developing countries. By 1998 Pacific received 46.3%, Latin America and the Caribbean 39% Central and Eastern Europe 10.2%, Africa 4.5% and Asia 2% of the total FDIs. A number of factors have influenced the distribution and the volu me of FDIs especially in developing economies. Some of these factors includes; political stability, favorable government regulatory policies, low level of corruption, low administrative costs, presence of good business environment, skilled labor force, physical infrastructure, interest rate, productivity and the cost of labor. The below section of the paper will focus on some of the circumstances under which foreign Domestic Investments can lead to a vicious cycle of economic development. Some of these factors are as discussed below; Stability in the financial system The development of a stable financial system of the recipient country is a necessary precondition for any FDI so as to influence growth and development in a country. A financial system which is developed will be more beneficial to the economy as opposed to less developed one. When the financial system is developed then it will be easy technological fusion in the economy. FDIs require enhanced financial system since the composition of inflows of foreign resources which raises domestic savings requires proper systems and therefore easy match in the economy. Finances which are entailed in the injection can also include the purchases which are made by the foreign direct investors, new investment of the profits by the foreign investment enterprises from the parent firm; they may

Analyze how realistic this rags-to-riches story is in today's America Essay

Analyze how realistic this rags-to-riches story is in today's America - Essay Example In actuality, poor people from various ethnic backgrounds have more chance of realizing financial independence in different European nations than in the United States. The myth of American opportunity has probably persisted due to the chances that existed for motivated immigrants in past centuries. In the 19th century, America was obviously a better option for slum dwellers in England and Continental Europe. The chances that individuals from these nations found in America were so different from those they were exposed to in their motherlands that they began to view America as a land akin to paradise. Horatio Alger’s book, ‘Ragged Dick’ mirrors this enthusiasm about the chances given by America to the disenfranchised. In ‘Ragged Dick’, the hero lives in New York City and starts out in a deprived and pitiable state, but, due to hard work and dedication, ends up being educated and respected by society. The latter part of the 19th century was a time of ch ange and great progress in American History. Moreover, it was also a time of falsehood. The reality is that corruptive practices, at this time, were more accepted in today’s America. ... Gangs randomly attacked successful business men and forced them to pay ‘protection fees’ in order to keep operating. Politicians were corrupt and did not have the current organizations that check excesses to curtail their crooked activities. In Horatio Alger’s book, Dick is a dedicated and punctilious person who takes advantage of the opportunities that come his way (Alger 247). Alger shows how his main character gains an opportunity to improve his chances of overcoming poverty when he is rewarded for being of assistance to the child of a rich man. This, in itself, presents a contradiction in what Alger believed about the American society’s fairness. For instance, if Dick had been of African American ancestry, it is unlikely that he would have been given the chance to improve his life even if he had saved fifty sons of rich men. Dick was privileged in this particular circumstance, even though he was poor, because he was from the accepted race. In today†™s world, people from all ethnic backgrounds do not have equal opportunity to improve their lives in spite of what is constantly asserted by the media. The fact that America has become more technologically advanced and is also experiencing a recession merely makes things harder for people or migrants who have little in the way of material goods to raise themselves economically. Not all Americans are well-educated. This means that there will be a lot of competition for the existing blue-collar jobs. In such cases, it is likely that ethnic minorities will be disadvantaged as those that are able to bribe for the jobs or belong to the predominant race are given the existing opportunities. Where white-collar jobs are concerned, sex, race, education and good resumes are

Analysis of Hyundai Motor Company Essay Example | Topics and Well Written Essays - 2000 words

Analysis of Hyundai Motor Company - Essay Example The company in focus for this paper is Hyundai motors. Hyundai is a Korea based company but it has grown steadily in the automotive market over the past few years. Automotive industry is highly competitive these days, according to Bloomberg Businessweek (2012), the US automotive market is highly competitive these days, home companies like General Motors, Ford Motor Co. and Chrysler Group LLC are expected to lose market share to companies like Toyota and Honda. Hyundai Motor Co. has reported to have doubled its share in US automotive market as compared to their share in 2005. It is still expected to gain 0.1 % market share more than the last year. According to the customer retention study carried out by J.D. Power and associates in 2011, Hyundai has been declared to be number one in customer retention. According to the study Hyundai’s customer retention rate has increased by 4 points thus raising it to 64% in the year 2012, which implies that among the automotive brands custome rs were the most loyal towards Hyundai. Its brand name is currently measured to be nearly $5 billion. As the future of every company is based on the relations it has with its customers, thus it’s safe to say that Hyundai's future seems even more promising. In this paper the company’s performance will be analyzed as to see whether its market share value, which is currently $ 203.16 (Won 229,000), according to the company’s overview, reflects the actual performance of the company or not. As the consolidated reports for the year ended 2011 are not available yet, so the analysis will be carried out for the year ended 2008 to year ended 2010. Along with the comparison with last years, the performance of the company will also be compared with the financial performance of Toyota Corp. Financial Analysis As the purpose of this paper is to evaluate the reflection of the company’s performance on its share value, the basic analysis will be carried out on the profita bility of the company with relation to the shareholders’ equity. Keeping the performance of the company from the year 2008 to 2010 in mind, it will be analyzed how the company is performing over the past few years as well as with its competitor Toyota Corp. The profit margin of the company drastically fell to 4.42% from 13.7% in 2009. The company has been able to recover a bit, the profit margin has increased to 7.09% in 2010, and even though the consolidated statements of the company for the year 2011 are not yet released, it has been reported that Hyundai has broken its sales records in the year 2011, so a probable increase in profitability can also be predicted. As opposed to the sketchy performance over these years, the company is still doing better as compared to Toyota Corp., which reported a profit margin of only 1.54% in the year 2010. A company’s revenue is highly dependent on the fact that how the company is utilizing its assets for generating sales every yea r, as is defined by the net return on assets, which has prominently increased for Hyundai over these three years from 2.71% to 19.3%, it would

Report on health and safety differences between carribean and uk Essay

Report on health and safety differences between carribean and uk - Essay Example The way in which they do this varies, however, from one country to the next. While the Caribbean islands handle this administration through a prescriptive approach, the UK uses something called goal-setting strategies to ensure basic human health and safety standards are met. This particular method of enforcing compliance is quite different from prescriptive strategies in many ways, which will be enumerated through various examples throughout this document. Companies that operate in more than one country may find it beneficial to meet the most restrictive of the requirements set forth by both countries, but can only do so once those requirements are delineated and compared. By understanding the current conditions and prescriptive strategies used in the Caribbean as well as the conditions and strategies used in the UK, one can compare the similarities and differences between the two systems and adjust each for maximum goal-setting strategy development prior to company relocation. In discussing prescriptive strategies versus goal-setting strategies, it is important to understand the difference between the two. Although legislation can be created in any country that governs the use of goal-setting strategies as well, the use of the term prescriptive strategies as it is used in this document will refer to all health and safety management strategies that are specifically outlined in legislative form. In other words, these strategies are required by mandate as a means of meeting basic minimum compliance levels, and tend to spell out the exact requirements, methods, practices and means of reporting or record keeping in the areas of health and safety management for employees and companies operating within a specific governmental sphere. These minimum requirements can be applied to any kind of health or safety issue including environmental concerns at large, employee health plans or allowable workforce

What is aggression Does watching violence in television, film and Essay

What is aggression Does watching violence in television, film and video games ake people more aggressive and more likely to commit violent acts in society - Essay Example The resulting changes in everyday social relations may lead to steady escalation in aggressive actions. Because of the powerful way in which the television media has focused on violent and antisocial behavior, the media deliberately misinforms, making the viewers fearful, suspicious and cynical. Because of its bias toward bad news, the media feeds a perception that the world is a violent, dangerous place. As a result, the viewers come to overestimate the rate of violence. With these images flashing in their minds every evening, the viewers become negative, mistrustful of others and withdrawn, and cease to believe in progress. Children, who are not mature enough to distinguish fantasy from real life, television from life on the street, come to assume that acts of violence are acceptable in real life and become incapable of making appropriate judgment calls in times of conflict. Children who are repeatedly exposed to entertainment violence are also more likely to see violence as an effective way of settling conflict. However, playing violent video games may be more detrimental than view ing violent television shows or movies because they are especially enthralling, interactive, and necessitate the player to associate on a personal level with the violent character of the game. Infamous events have generated extensive debate regarding the effects of video game violence. For example, a nationwide conversation ensued regarding what connection video games had to the 1999 Columbine High School (Littleton, Colorado, U.S.) massacre where two students murdered 13 and wounded 23 before killing themselves. While many motivations were likely involved, it is not possible to identify precisely what provoked these teenagers to shoot their classmates and teachers but violent video games have been mentioned as one possible contributing factor. The two students had often played

Nature love Essay Example | Topics and Well Written Essays - 500 words

Nature love - Essay Example I plainly believe, on this ground, that one such element of huge significance is romance – a mystical fuel or driving force within what constitutes the essence of love yet which possesses distinct character that enables us to distinguish one relationship from the other. During the late 18th century, the principle of Romanticism came to be ascertained not as a style or method in art but an attractive influence which, by virtue of deep imagination, passionate emotion, and freedom of expression altogether functions as chief inspiration to an artist and his composition. Even literature and music flourished in the Romantic period which brought the modern generation to understand how one field as music bears ample association with other fields that may be related to literary work, painting, or sculpture. Apparently, the inclination of a human being to be romantic and become naturally self-aware to create and appreciate objects of wonder has directed man to establish more affinity with nature both in oneself and in the environment. I think the painting â€Å"Mrs. Thomas Gage, 1771† by John Singleton Copley with its viewer’s response exemplifies the meaning of interaction between art and human sentiment. Based on Copley’s endeavor, the theme of romance is quite evident in the eyes of Mrs. Gage whose tranquil countenance looks drawn or disposed to either a sight of interest somewhere or a thought of awe which then reflects at length via her calm pose and facial expression. She seems to be in a state of beauty that is fulfilled not just by the physical attributes but, to a greater extent, even by the projected effect of inner peace that might have dwelt within her as a consequence of an enduring love. Thus, this should justify a situation of romance for her radiant illustration by Copley communicates the meaning of her intimacy with love, nature, intellect, and contemplative behavior. Despite the mystery of how it