Business Law Final Case Study Essay Example | Topics and Well Written Essays - 2000 words

Business Law Final Case Study - Essay Example In addition to this view, in a case where the defamation involves a very public person and or is a matter of public concern, the plaintiff, as the complainant in the case, has to provide or give proof in the court of law that the claims or comments made by the defendant are false, and also that the defendant has either known of the truth of the claim and has simply acted recklessly and disregarded the truth out of pure malice towards the complainant or plaintiff. The statements that Knarles has made to his friends and colleagues are by all means just personal opinions, rather than facts; they are far from facts. If this is the case, then by all means, there is no case of defamation at all (Defamation. Ewell v. Boutwell, 1924). If Knarles was not simply stating his opinions about the person – the plaintiff who is Ian Chetum, then in that case his statements and comments could be considered as defamatory in nature. This is because in as much as his statements and comments could have been simple, fair comments to an issue that is of public interest and concern, Knarles had no proof of any kind that his statements were or are the truth. Therefore, as such, Knarles’ statements were made in high disregard of what is the truth, and this is utter recklessness. Consequently, Knarles can be sued for defamation by Ian Chetum. Chetum v. Stucko The next legal issue arises between Ian Chetum and Stucko. The legal issue at hand is still defamation. Just as, stated above, a case of defamation has to be backed by proof that a false statement of a fact has been made about the complainant, and have been made by a third party and caused damage to be liable in court (Defamation. Ewell v. Boutwell, 1924). The statements made by Stucko are obviously factual. If we assume that he made the statements with knowledge that he was falsifying them or blatantly disregarding the truth, then in that case he would be very liable to be charged for defamation. Nonetheless, the truth is often used as a defense for defamation claim – therefore, if the claims and statements are the truth, then Stucko has no case to answer on the grounds of defamation. The Residents v. Chetum This is the next case that the business conflict has brought up. The legal issue at hand is that of Battery. The rule of common law on Battery is that it is the intentional and or offensive act of touching of a third party without their privilege or consent to any way (Battery. Cavuoto v. Buchanan, 2004). When the building owner Ian Chetum tells the plumber from Knarles and Barkley’s company to ‘fix it’, – when referring to the broken boiler, and at the same time knowing that the broken boiler is highly defective, and the manufacturer had recalled their product, Ian Chetum, as the owner of the building is intentionally engaging in a harmful ‘touching’ of all of the residents of his building

How can Human Resources protect an organization from the risks and Essay

How can Human Resources protect an organization from the risks and liabilities associated with HR Technology and Digital Communications - Essay Example Human resource management is a company’s first contact point with its employees because it is the arm of the company that recruits and as such it is in a good position to train them on how to use its technology and digital communications responsibly. User training is important in protecting organizations from the risks and liabilities associated with human resource management technology and digital communications because many of these risks arise from their inappropriate use (Baldwin, 2010). The human resource department should train employees on the organization’s acceptable-use policy for its digital machines and software applications. Important areas that this training can touch on include proper use of the email system, password administration guidelines, login requirements and desktop security. Some of the training activities that can help protect against risks and liabilities associated with human resource management technology and digital communications can include sensitizing employees about policy changes, in-person seminars and web-based courses. Requiring employees to sign a security awareness agreement at the end of every training session enhances employees’ adherence to policies on human resource technology and digital communications security policies (Kerr et. al., 2011). The human resource department should adopt mechanism that can help detect user violations of responsible and acceptable use of human resource technology and digital communications which can bring risks and predispose the organization to liabilities. Timely detection of such violations enables timely mitigation of risks and the management of the things that damage a company’s reputation and brand. The human resource department should require auditors to assess for the effectiveness and adequacy of IT security policies and procedures to protect against risks and

United States of America vs Ike Brown Essay Example | Topics and Well Written Essays - 1000 words

United States of America vs Ike Brown - Essay Example This essay will summarize the complaints and evidence of that the Government presented against Ike Brown, his defense, as well as comment on the strangeness of this situation, that is, of the government using the voting rights act to prosecute a black man for the violation of white voter’s and candidates rights. The fundamental complaint against Ike Brown by the United States government is that he abused his position as chair of the Democratic Committee in his county to unfairly stop white voters from participating in the primary elections when they had the right to, and unfairly persecuted white candidates who were running in those elections. Some of the governments allegations simply attempted to demonstrate that Brown had a strong bias towards white candidates – this includes statements by Brown criticizing black voters who chose to vote for white candidates, and other acts of outspoken intimidation such as naming a list of white democrats who he discouraged to vote in the election. They also accused him and the committee he chaired of many procedural violations such as mis-handling the counting of absentee ballots, and allowing campaigning within and around polling stations. They also demonstrated that the elections committee violated state policy by only having about six percent of the polling officers for the Democratic primary be white, even though twenty percent of the Democratic population was white, though with a sample size as small as polling officers and a country of only about 11,000 people, it is hardly surprising this disparity could exist. A great deal of the government’s evidence thus simply tried to show that Brown had a preference for black voters, polling officers and elections officials. But the bulk of their evidence rests on absentee balloting laws, and the Government’s assertion that Brown abused absentee balloting procedure in order to both favor black candidates and prevent white voters from participating in the electoral pr ocess, as well as manipulating assisted balloting procedures to favor black candidates. Mississippi state election law has two features that are meant to make elections more accessible: absentee balloting and assisted balloting. Both have strict controls. Absentee balloting is for people who, for some reason, are not able to be present, for instance if they are in school out of state or deployed with the armed forces, but there are strict controls on what excuses allow a person to use an absentee ballot. Assisted balloting is when someone else assists the voter in filling out their ballot, which is only allowed to be done in the case of blindness, physical disability that prevents someone from being able to vote, or demonstrable illiteracy, and who have requested assistance in filling out their ballot. The US Government provided evidence that Brown violated these procedures. The Government contends that Brown accepted and actually even pursued absentee ballots from black voters who were currently living within the county and had no reason whatsoever to vote via an absentee ballot. Furthermore, they presented witness testimony that these ballots were filled by people other than the voters (assisted balloting) despite the fact that the voter was in no way disabled or illiterate and had not requested assistance in filling out their ballot. The government contended that Brown and his associates essentially filled in absentee ballots for black people who were unlikely to vote, brought the ballot in favor of a black candidate for them to authorize, and then sent it away. In some cases they

Continental Europe seeks to combine flexibility with security in its Essay

Continental Europe seeks to combine flexibility with security in its relations with the workforce via a range of measures one of - Essay Example But the criticisms of the policy direct towards the fact that the diversities present at the national level leads to the decline of the ‘one-size-fits-all’ approach that flexicurity model proposes (Muffels, 2008, p.386). The Union has taken various measures for the establishment of the same but question still arise regarding its effectiveness with the outburst of the worst financial crisis in 2008 after the Great Depression in 1930 (Flexicurity: Europe's employment solution?, 2008). The paper will be discussing the flexicurity approach adapted by the European Union along with the discussion of its principles and objectives and with special focus on Germany and Denmark. Highlight will be also given on the youth unemployment problem with reference to the Viking, Laval and Ruffert cases discussing the protection measures of the other countries with respect to the benefits in compliance with Art 3 and 49 of the EC treaty which focuses on the right to establish in any state o r that of single market and rights of provision of services across the European Union. Now the subsequent section will be dealing with the concept of flexicurity. 2. Notion of flexicurity In today’s labor market there is a requirement of rigorous levels of flexibility and adaptability both in the interest of the employers as well as the employees for anticipating and responding to the demands of the market (Flexicurity Pathways, 2007, p.3). The crux of flexicurity is an emerging concept in the European Union and has been considered as a significant approach in the labor market and within the employment paradigm (EU Council: Common 'flexicurity' principles adopted, 2008). The policy has been first generated in the Nordic countries for the purpose of solving European Union’s employment paradox. From the studies of Wilthagen and Rogowski in the year 2002 it gets revealed that flexicurity is regarded as the policy that directs towards a synchronized platform that boosts la bor market flexibilities, work organizations as well as labor relations with security provision for the weak group of people inside and outside the labor market. The authors highlight that flexibility and security can be achieved through focus on coordination. They stress that initial jolt will be derived from the macro level actors like government and social partners. Implementation will be established on all levels of the economy with different means of flexibility complementing each other with corresponding varied security forms (Meyer, 2009, p.87). From the early 2000s, the European Union policy of flexicurity included an amalgamation of easy hiring and firing rules benefiting the unemployed and following a pro labor market policy (Flexicurity: Europe's employment solution?, 2008). 3. Underlying principles of flexicurity The European Foundation for the Improvement of Living and Working Conditions (Eurofound) has been established in the year 1975 working on the area of working co nditions, living conditions and industrial relation ( Agencies and other European bodies, n.d.). The EU body while drafting policies limited itself while applying flexicurity policies with some common principles. The common principles which the flexicurity model proposes is

Comparative Analysis of Poetry Gwendolyn Brooks WE REAL COOL & Maya Essay

Comparative Analysis of Poetry Gwendolyn Brooks WE REAL COOL & Maya Angelou Phenomenal Women - Essay Example Gwendolyn Brooks and Maya Angelou are African-American women with strong personalities. The most dominant theme in Brooks works are the impact of ethnicity and life experiences on one's view of life. Angelou's, on the other hand, usually center on the themes of courage, perseverance, self-acceptance, and realization of one's full potential. "We Real Cool" depicts the climactic end of the battle of seven school dropouts and their struggles with personal identity. In this poem, Brooks speaks and feels for the seven school drop outs and sees the world through their eyes. The unfettered young men, though seemingly not concerned of their situation, as described in the first seven lines eventually turned out to have known the consequence of their actions. "At first, it seems like it is inadvertent, even an unguarded revelation but I think that both the poet and her hooligan narrator realize that the threat of death in the streets is an ever-present part of what makes life on the streets worthwhile. It's what gives that life vitality."1 There is no separation in the part of the writer and the characters. The writer speaks on behalf of the seven school drop outs. Perhaps, even feeling the uncertainties in their actions camouflaged by being "cool." Emphasizing it's tragic effect in the last line, "Die Soon." "Phenomenal Woman," on the other hand, describes a self-assured woman who has fully realized her self-worth that both sexes: "pretty women and men" did not fail to notice her existence. The words Maya Angelou uses show that the character is conscious of her actions and is in total control of the situation. There are no hesitancies on the part portrayed by the "phenomenal woman" in the poem. Only a self-assured "person". Notice the emphasis on the word "person." The character becomes phenomenal not because she IS a woman but simply because she has a full grasp of what she is and what she is not. A person created with equal importance with man. Not of lesser quality that she should worship him nor above him that she should lord over him, but a person that would complete the all of creation. For what is a woman, without a man and a man without a woman.. In conclusion, these works present the following: 1) male-female differences through the eyes of a woman; 2) employed rhythmic rhyming scheme with 3) pleasant tone ( lyrical: a feeling of dancing: Angelou's smooth, brooks' short but strong) in the use of 4) informal language (simple, crisp and powerful) which 5) appeals to the emotion (both are written based on what the writers feel) portraying the characters linked with a woman. The camouflage that a first

Procurement Routes and the Different Formats of Tendercontract Dissertation

Procurement Routes and the Different Formats of Tendercontract Documents - Dissertation Example As the discussion stresses procurement is the acquisition of goods and services for use and benefits of individuals or governments and corporations, obtained with the help of terms and contracts. Procurement is guided by certain factors such as services provided within a fixed budget or goods obtained by using economic analysis or cost analysis. According to the research findings procurement methods are characterized by application for tenders and different forms of contracts and tender documents are used and the methods of procurement have significant implications for small to medium sized contractors. The economic or cost analysis of procurement is seen in terms of risks or without risks. When risks are involved the analysis shows expected outcomes or values for a specific product or service. Organizations have procurement policies and strategies in place that aid in procurement of goods and services through planned and informed management decisions to help businessmen, clients and organizations alike. Procurement policies are focused on meeting corporate or organizational goals and objectives in which council or corporations, organizations, business clients, suppliers and contracts derive maximum support and mutual advantage for long term business and professional relationships. All workforce issues are considered in proc urement activity and focus should be given on maximizing purchasing power and in ensuring fair competition in all procurement activity. ... plication for tenders and different forms of contracts and tender documents are used and the methods of procurement have significant implications for small to medium sized contractors. The economic or cost analysis of procurement is seen in terms of risks or without risks. When risks are involved the analysis shows expected outcomes or values for a specific product or service. Organizations have procurement policies and strategies in place that aid in procurement of goods and services through planned and informed management decisions to help businessmen, clients and organizations alike. Procurement policies are focused on meeting corporate or organizational goals and objectives in which council or corporations, organizations, business clients, suppliers and contracts derive maximum support and mutual advantage for long term business and professional relationships (Turner, 1997; Marsh, 2003). All workforce issues are considered in procurement activity and focus should be given on maxi mizing purchasing power and in ensuring fair competition in all procurement activity. Procurement activities will also have to consider opportunities for social enterprise and continuous improvements in project implementation and sustainability. Usually resource members are responsible for strategic implementation of procurement. Procurement activities must comply with the best practice processes and procurement sponsors should provide feedback on the procurement process to the procurement support unit. Procurement activity and policy works in this manner and requires teamwork, and arrangement between suppliers, contractors and corporations. We consider a case study on the procurement policy of the Liverpool Council which states the principles of procurement policy are as follows: To ensure

Analytical Report on Business Organization Essay Example for Free

Analytical Report on Business Organization Essay Diamond  Stars  Group  of  companies      From:      CEO   Myanmar  Imperial  Clinic  (MIC)      Date:      Subject:                                                      04th  April,  2013   Analytical  Report  on  Business  Organization    Executive  Summary   In  early  2009,  Myanmar  Imperial  Clinic  was  set  up  by  Myanmar  Medics  Co. ,  Ltd. Because  of  its   extensive   range   of   medical   services   and   accurate   diagnostic   tests   by   international   recognized   specialists  and  outstanding  clinical  staff,  it  was  famous  and  generated  profits  at  that  time. But  along   with   the   competition   of   high   investing   clinic,   lack   of   control   of   the   specialists   and   insecure   environment   of   the   staff,   the   organiza tion’s   performance   has   declined   in   2012. Therefore   the   reputation  of  the  clinic  gradually  goes  down. So  that  in  2013,  Myanmar  Medics  Co. ,Ltd. was  being   acquisition   by   Diamond   Stars   Group   of   companies   which   is   operating   in   various   industries   in   Myanmar. The  organization  will  be  reformed  by  the  encouragement  of  our  chairman. Profile   Name  Ã‚      Location         –  Myanmar  Imperial  Clinic  (MIC)     Ã¢â‚¬â€œÃ‚  Hledan,  Kamaryut  Township   –  8520  sqft   –  6  stories  building     Ã¢â‚¬â€œÃ‚  40  bedded  general  health  care  centre   ? 166  employees Compound  Size  Ã‚   Building  Ã‚   Type      Size Fifth  Floor Fourth  Floor Third  Floor Second  Floor First  Floor Ground  Floor Building  Information Ground  Floor   –  Reception,  Emergency,  Pharmacy,  Lab,   Cashier First  Floor  Ã‚   –  15  Outpatient  Rooms,  Waiting  Area,   Store Second  Floor  Ã‚   –  1  Operation  Theatre,  1  Labour  Room,   10  Inpatient  Rooms  for  OG Third  Floor  Ã‚   –  20  Inpatient  Rooms  for  Medicine  Ã‚   Child Fourth  Floor  Ã‚   –  1  Operation  Theatre,  10  Surgical   Inpatient  Rooms Fifth  Floor   – Clinical  Office    Proposal  for  the  Restructure  of  the  Organization   (1)  Long  Term  Plan/Strategy      Vision:  Ã‚  Ã‚   Being   a   provider   of   health   care   service   renown   for   compassion,   sympathy   and   respect   on   human  being  in  pursuit  of  own  healthy  and  well  being  state  by  applying  high  quality  tools   and   skilful   professional   in   ensuring   long   term   effectiveness,   MIC   stands   for   saving   your   money,  time  and  lives. Mission:   With   knowledge,   skill   and   passion,   we   all   do   value   and   respect   our   patients   and   clients’   desires. We  value  our  patients  as  the  way  we  value  our  professional. We  care  our  patients  as  the  way  we  do  to  our  family. We  practice  our  best  knowledge  in  our  work. Objectives:   To  increases  overall  satisfaction  rates  of  patients,  employees,  doctors  and  visitors. To  ensure  patients  receive  the  ultimate  care  and  medical  attention  to  bring  about  a  speedy   recovery. To  increase  range  of  services  for  customer  needs  and  demands. To  maintain  safe  and  hygienic  environment. To  achieve  99%  of  patient  Ã‚  feedback   To  provide  early  diagnosis  and  affective  treatment  to  all  clients  with  different  diseases. To  be  recognized  our  clinic  as  a  trusted  obstetrical  clinic  within  the  first  three  years. To  expand  our  service  in  diagnostic  and  treatment  year  by  year. To  improve  and  maintain  our  treatment  procedures  and  emergency  services (1. 1) ? (1. 2) ? ? ? ? (1. 3) ? ? ? ? ? ? ? ? ? 4   (2)Fundamental  Characteristics  of  Organization  Ã‚   (2. 1)  Old  Organization  Structure  versus  New  Organization  Structure   Our  organization  structure  allows  for  its  efficient  management. Here  is  the  l evel  s  of  management   and  the  activities  of  specific  departments  within  each  level. Old  Organization  Structure New  Organization  Structure 5   (2. 2)  Work  Specialization   To  achieve  competency  of  each  and  every  staff,  a  proper  and  distinctive  job  descriptions  is  vital. (2. 2. 1)  Marketing  Department  Ã‚   ? ? ? Survey  the  market  situation  and  changes  Ã‚   Analyse  the  customers’  feedback   Develop  Ã‚  marketing  strategies  and  mix (2. 2. 2)  Finance  Department   ? ? ? Manage  and  oversee  budgeting  Ã‚   Report   income   statement,   statement   of   financial   report   and   statement   of   cash   flow   to   executive  level   Manage  income  and  expenditure. (2. 2. 3)  Administrative  Department   ? ? ? ? Support  and  coordinate  the  operation  of  the  individual  department   Establish  hospital  policies  and  procedures   Perform  Ã‚  public  relations   Supervise   maintenance   service,   information   service,   housekeeping   and   transportation   services (2. 2. 4)  Human  Resources  Department   ? ? ? ? ? Perform  job  analysis,  job  description,  job  specification,  job  allocation  and  j ob  rotation   Recruitment   Training  and  development  Ã‚   Create  safety  and  pleasant  environment  Ã‚   Negotiate  with  the  visiting  specialists   HR  Planning (2. 2. 5)  Medical  Service  Department   ? ? ? ?             For   doctors   ? to   diagnose   problems,   prescribe   medicines,   be   ready   to   on   call,   to   make   regular  rounding  and  monitoring  patients   For  nurses  Ã¢â‚¬â€œÃ‚  to  emphasize  on  nursing  care  Ã‚   For  lab  technicians  ? to  support  with  accurate  diagnosis  and  to  maintain  medical  laboratory  Ã‚   equipment For  Pharmacist  ? to  monitor  the  storage  and  quality  of  drug 6   (2. )  Chain  of  Command   â€Å"An  unbroken  line  of  authority  that  links  all  the  persons  in  an  organization  and  shows  who  reports   to   whom†Ã‚  (Myanmar  Imperial  College  2013,  Pre? Master  Course  of  Business  Administration,  p? 60)   In   a   clinic,   a   proper   and   clarified   chain   of   command   is   the   fundamental   requirement   to   maintain   and  precede  medical  procedures. Within  the  clinical  departments,  all  the  junior  medical  doctors  must  report  information  concerning   with   patient   to   senior   medical   doctors. These   senior   medical   doctors   have   to   report   only   the   necessary  complaints  and  patient’s  conditions  to  the  principal  medical  doctors. Master  Course  of  Business  Administration,  p. 62)   On   the   clinic   side,   the   span   of   management   of   manager   ranges   from   10   to   20   while   the   administrative  side  the  span  of  management  is  less  than  10. Our  organization  require  less  supervision  because  of   ? ? ? Daily  work  procedures  of  medical  staff  are  quite  stable,  routine  and  repetitive  (eg. History   taking  and  clinical  examination  and  monitoring,  injection)   Staffs  are  concentrated  in  single  location  (e. g. If  the  staff  suits  with  his  current  position  and   if  he  does  not  want  to  shift,  we  will  maintain  his  place)