Case Briefs Essay Example | Topics and Well Written Essays - 750 words

Case Briefs - Essay Example Gilson initiated an action against the Metropolitan Opera as well as the Lincoln Center for negligence and for violation of certain provisions of the City Building Code. Consequently, the trial court set aside the allegation against Lincoln Center, it being an out of possession lessor. On appeal, the Appellate Court reversed the ruling of the trial court which denied the Metropolitan opera's motion for summary judgment pronouncing that there were questions of fact "including, but not limited to whether defendant maintained the stairs aisles in dangerous manner thereby causing a dangerous condition which caused the plaintiff's accident." Whether or not the Metropolitan Opera House can be held liable for negligence for the injury sustained by Estelle Gilson, by allowing Donald Taitts to return to his seat after the performance had resumed without an escort or usher The Court pointed out that herein plaintiff Gilson did not asset a breach of any common law duty expected to the Opera House. The Court further elucidated that imposing a duty on the Opera House based on its house rules "would in effect, be punishing it for attempting to ensure an exceptional level of courtesy to the audience and the performers" which correspondingly will lead to a new and detailed standard of care for all theatrical venues. Similarly, the Court ruled that despite of the deficiency in the compliance with the City Building Code, the loss of balance and the fall of Mr. Taitts cannot be attributed to it. IT does not appear that it has been related to his inability to see his seat due to the inadequate lighting but it can be recognized as his difficulty in movement. Morgan Vertical Consultants, Inc. v. Arco Wentworth Mgmt. (2007 NY Slip Op 50554(U)) Supreme Court Queens County, New York. 2007 Facts: Plaintiff Morgan Vertical Consultants, Inc is a service provider for elevator maintenance and repair works, commences an action for the recovery of sum money for goods, labor and services among others pursuant to contracts with the sixteen cooperative which the defendant Arco Wentworth Mgmt. is the managing agent. It likewise includes allegation of unjust enrichment. Procedural History and Posture: Defendant Arco moves for a motion to dismiss the causes of action on the ground that there is no privity of contract between herein defendant Arco and Morgan. On the other hand, herein plaintiff alleges that herein defendant is estopped from asserting lack of privity of contract as an argument. Issues: 1. Is there a privity of contract between Morgan Vertical Consultants and Arco Wentworth Mgmt 2. Can Morgan interpose the defense of estoppel against Arco Decision: 1. The Court ruled in the negative. There is no privity of contract between the parties as evidenced by the separate contracts and the bills and invoices by Morgan Vertical Consultants. 2. The Court ruled in the negative. Plaintiff has failed to identify any representations or conduct of the defendant which caused the plaintiff to act to its detriments. Reasoning: The Court provides that obligations arising out of the contract are usually limited to the parties and only the parties to a contract are

This is a continuation of your first assignment. Imagine your company Essay

This is a continuation of your first assignment. Imagine your company does not currently have an ethics program and you believe - Essay Example Its aim, as far as workers are concerned, is to ensure that they work in a favorable environment that supports their career development and are treated with dignity. St. Louis Delights, though a small company when compared to international players in the chocolate industry, has a diversified workforce. The company is also committed to ensuring that it remains profitable and preserves cordial relationships with its suppliers. For the company, its stakeholders are a kind of extended family which it treats with respect. St. Louis Delights also strives to maintain the best possible service for all customers while actively looking for ways in which it can contribute to their further development. The community at large is guaranteed high quality food products and a commitment to meet and fulfill universally accepted ethical values. The company also aims to be a participant in the social as well as economical development of its community. The internationally known chocolate company, Mars, I ncorporated, has a group of five principles that it strives to adhere to in its operations in different nations. These include Mutuality, Quality, Efficiency, Responsibility, and Freedom (Karunakaran and Chatterjee, 2008). Mars Incorporated has also recently been recognized for its efforts towards ensuring that cacao harvesters in third world nations, who are its main suppliers, also benefit from the business. In West Africa, the world’s largest Cacao producer, Mars Incorporated has started programs such as the ‘Sustainable Cocoa Initiative’ to make it possible for poor farmers to operate sustainable businesses by increasing incomes along the cocoa chain of supply (Hosmer, 2008). Mars Incorporated also aims to meet other environmental preservation targets such as minimizing water use, and stopping the use of fossil fuels as an energy source in the next three decades. Other famous international corporations such as Barry Callebaut and Kraft Foods which took over C adbury’s, along with seeking to improve working conditions for third world suppliers, have also vowed to deal only in cocoa that is ethically sourced (Karunakaran and Chatterjee, 2008). All over the world, consumers, particularly in developed nations, are increasingly becoming interested in only procuring socially conscious products. St. Louis Delights is well aware of this and aims to make the necessary changes before the ethical market for chocolate grows too large to accept new entrants. Analyze ways ethical challenges affect your business and create a code of conduct for your company. Provide a rationale on how these specific codes enhance your company’s ethics program. St. Louis Delights, though not an international corporation yet, is aware of the conditions that most West African suppliers work with. The biggest ethical issue concerns the use of child labor; or, more specifically, child slaves. In West African communities where cacao is grown, poor children are used to harvest the crop without being paid in most cases (Karunakaran and Chatterjee, 2008). The children may be provided with a single meal as payment for their services. However, for them, as well as their parents, they may feel that this is adequate because they would not have any food otherwise. In places where they are paid, they receive extremely low wages. At present, there is no fail safe strategy that can be used to

Leadership Experience Essay Example | Topics and Well Written Essays - 1500 words

Leadership Experience - Essay Example The team managed the lowest price and finished the task within the three minutes. This paper seeks to describe the activity, what was learnt, and the solutions provided with a focus on communication, team dynamics, influencing other team members, sharing information, agreeing on tasks and objectives. 1. Leadership, strategy and upward communication Strategic leadership can be defined as the ability to maintain flexibility, anticipate, and empower the other team members to form necessary strategic change. It involves coping with increasing changes, management of an entire team rather than functional subunits, and management of activities through the other team members. As a team leader, I had to affect the behavior of the other team members in environments that were sometimes uncertain via personal example and ability to envision the requirements for the next stage in the task (Yukl, 2010 p34). It is not feasible to formulate strategies which will give returns without strategic leader s. Therefore, it is necessary that as, a team leader, I had the ability to be a strategic leader to avoid over managing and poorly leading the team. Effective, strategic leadership shapes the formation of strategic mission and intent which influence successful strategic actions. These actions result in the formulation and implementation of these strategies which then yield strategic competitiveness and above average returns. For a leader to prepare the team’s minds towards one vision and direction, it is necessary to transform the team’s strategic direction. Directing the team towards the set goals, and having the ability to adapt concurrently ensures that the strategy delivers the aim that the leader wants (Yukl, 2010 p35). It is essential to have a different way of thought on how resources can be marshaled in the formulation and execution of the strategy in order to be successful. This balances strategy making’s human dimension with analytical perspectives tha t are focused. Coupled with time management commitments in engaging the team in dialogue on strategy, this strategy lays the foundation for building a foundation for creation of winning teams that define, adjust, commit, and adapt quickly to strategy. I learnt that in order to shape the strategic direction, I had to know what my primary role was as the chief strategist, my role as a leader during the strategy making process, the team required for the strategy making, and the point at which the making of the strategy can be considered finished. A leader requires to incorporate human and analytical dimensions, in order to create winning outcomes, and for the team to comprehend and commit to the set common agenda, and must also be clear about each member’s strategic capacity. Using feedback from the team members helps to provide a holistic view on the team’s and its individual member’s effectiveness. Ratings by the team members themselves and their peers can be use d to evaluate the efficiency of the team and the individual (Yukl, 2010 p35). The members rate the following personal traits and competencies: Communication which is the ability to objectively, supportively, and openly share opportunities using nonverbal and verbal behaviors while listening actively. Conflict resolution, which involves the

DCPS_ Short essay answers Example | Topics and Well Written Essays - 1750 words

DCPS_ Short answers - Essay Example Adult learners have a myriad of needs that have to be met in the learning process. It is, therefore, the responsibility of the educator to structure the learning environment in such a way that the learners will find it trouble-free to accomplish the aims and objectives of learning. According to Wagner, adult learning has to integrate the hard work of both the adult learners and the educators. Collaborative efforts between the two parties have been credited for its ability to create retention in the adult learners, an aspect that reduces the adults to a change- referred to as learning. To achieve the goals of learning in the learning setting, it is only possible, with an inclusion of the strategies of goal achievement. First, the ability of the learners to achieve their goals and objectives, allowing the learners set their own goals has been beneficial. Giving the learners an opportunity to set their own goals allows them to be part of the learning process. The adult learners are also in a better position to deal with barriers in the learning process that relate to overestimation and underestimation of their abilities to perform. With the learners being part of the learning process, the educators have an easier time in handling the adult learners. Secondly, continuous and consistent monitoring of the goals and objectives set by the learners is yet another strategy that has seen the attainance of goals by the adult learners.... Collaborative efforts between the two parties have been credited for its ability to create retention in the adult learners, an aspect that reduces the adults to a change- referred to as learning. To achieve the goals of learning in the learning setting, it is only possible, with an inclusion of the strategies of goal achievement. First, the ability of the learners to achieve their goals and objectives, allowing the learners set their own goals has been beneficial. Giving the learners an opportunity to set their own goals allows them to be part of the learning process. The adult learners are also in a better position to deal with barriers in the learning process that relate to overestimation and underestimation of their abilities to perform. With the learners being part of the learning process, the educators have an easier time in handling the adult learners. Secondly, continuous and consistent monitoring of the goals and objectives set by the learners is yet another strategy that has seen the attainance of goals by the adult learners. This is an interpretation of the fact that the educators must always be there to help the learners reflect on their abilities, and help them design the best approach towards attaining their goals and objectives. On another point of view, this allows the educators design the instructional programs in such a way that they will be directed towards attaining the goals and objectives of the learners. The goals set by the learners are indeed, the foundation in which the instruction should be formulated; thus, implementation of the teaching objectives. Soricone, Comings & Parrella (2000) indicate that, retention in the adult learning can only be successful if the

Functionalist and Intentionalist Explanations of the Rwanda and Essay

Functionalist and Intentionalist Explanations of the Rwanda and Holocaust Mass Murders - Essay Example The mass murder in Rwanda is a perfect example of the modern time genocide born of ethnic hatred. As compared to the Holocaust genocide, the events unfolding in Rwanda in 1994 gave birth to the systematic slaughter of more than eight hundred thousand Moderate Hutu and Tutsi. This aspect position the Rwandese massacre to being a massacre of the modern phenomenon, absorbed by rationalism, bureaucracy and technology. The massacre of the European Jews, commonly referred to by a majority of scholars as the Holocaust, on the other hand is among the genocides known to the greater percentage of the educated in the society. Between the years 1941 and 1945, European Jews ranging between five and xix million were systematically massacred by the Nazi regime (under the leadership of Adolf Hitler) in collaboration with its allies and other surrogates in the Nazi-occupied territories. Irrespective of the astonishing intensity and scale of the genocide, the prominence of the Holocaust in the recent couple of years has been far from being preordained. Having given a brief preamble of both the Rwandese and the Holocaust genocides, this paper therefore, gears towards availing an in-depth comparison between the two genocides. In addition, this paper also does evaluate both the functionalist and the intentionalists explanation of the two cases of mass murder based on the principal areas of focus such as uniqueness, precedent and generality in either case as drawn from different theoretical quarters. Comparison and Evaluation of the Holocaust and Rwanda Mass Murders When it comes to the definition of what genocide is, it somehow proves to be challenging. Nevertheless, massacres have over and again been repeated in different parts of the world. The most imperative thing to keep in remembrance is that a mass murder remains to be not only a controversial, but also a contested debate among politicians, historians, academics, fascists and nationalists. Irrespective of the noticeable differences in the context of a mass murder, neither of th e sides presents a different opinion or even repudiates the authenticity of the Rwanda and the Holocaust, nor is there sombre rejection over the principle that the Hutus and Adolf Hitler were responsible for the crimes they set off. In this event therefore, it is imperative finding a mechanism of gauging the reality beyond the Rwanda and the Holocaust massacres (Christopher 2004, p.34). As thus, there arise two schools of thought as regards to the historiography of these genocides. These schools of thought are the functionalist and the intentionalist explanations of the genocides. Intenionalist versus Functionalist Explanation of the two Mass Murders Over the past two or so decades, the most heated debate has been revolving around an erudite predisposition by and large referred to as intentionalist and an antagonistic functionalist explanation. Arguably, a great percentage of the interpretation and data so gathered on the Rwanda and the Holocaust massacres relate in one way or the o ther either in the functionalist or the intentionalist perspectives. To begin with the Holocaust genocide it is even derivable from the word itself, the intenionalists’ explanation lays more accents on the intention that the Nazis had; and from the kick off, it is undeniable that these Nazis had their minds made up to eliminate the European Jews in whichever manner, including carrying a mass slaughter on them. An approach of this kind puts emphasis on the figure of Adolf Hitler and his monomaniacal passion to do away with what he referred to as the Jewish cancer from Germany and Europe as a whole (Tom 2010, p.25). Adolf’s stance of facilitating an elimination of the European Jews is clearly evidenced by the statement he makes when addressing a journalist. He confidently declares that in the event that he assumes power, his first priority

COP Essay Example | Topics and Well Written Essays - 250 words

COP - Essay Example More importantly, COPS serves as the vehicle for the shift of law enforcement from its traditional form to a more proactive form known as community policing, which focuses more on crime prevention by putting police officers on beats where they can mingle and interact more with the members of the communities (Myers, 19). The community partnership component of community policing is an acknowledgment that law enforcers alone cannot prevent crimes, but need the involvement of the community and other stakeholders. Thus, community partnership aims at the â€Å"collaborative partnerships† between the law enforcement agents and members of the community such as the community members and groups, other government agencies, providers of services and non-profit organizations, private businesses and the media. Other government agencies may refer to federal and state legislatures and other law-making bodies, prosecutors, probation and parole boards and officers, public works departments, law enforcement agencies of neighboring communities, health and human services, child support services, ordinance enforcement schools. Community members and groups, on the other hand, refer to the residents within the law enforcer’s area as well as visitors or tourists to that area and commuters, which law enforcers can meet during town hall meetings, neighborhood association meetings and beat assignments. Nonprofit/service providers are those who provide services to the residents and other persons in the area for free, while businesses are those engaged in profit-earning enterprises in the area such as the members of the local chamber of commerce (COPS 2009, pp. 5-6). Partnerships appreciate that the police cannot be able to face crime without the involvement of the public, and it encourages relationships among the different stakeholders to fight crime. Collaborative partnerships between law enforcement agencies, organizations and individuals will increase the levels of trust

The Development and Acceptance of Labor Arbitration Essay

The Development and Acceptance of Labor Arbitration - Essay Example The regulations set in this case do not allow for concessions, therefore it sets clear guidelines to ensure that the bargain is done in good faith and to the benefit of both parties. Arbitration process involves the appointment of a third neutral party (an Arbiter) who will be charged with the duty of holding formal and informal hearings concerning the differences. The Arbiter will then from the facts drawn from the hearings make a conclusion that binds the two warring factions. His decision must be respected as it is enforceable by the law (Coleman, 1997, pp.36-38). This research paper will look into the historical context of the development and acceptance of the arbitration process in the labor field, particularly during the period and prior to WW II and through the war. The paper will also look at one significant case (Morse's Leadership) which resulted into a great impact on the management of labor relations in the past. Arbitration is as old as humanity and has been used in the world over to settle disputes between people and even among nations at war. This paper will zero in on industrial labor arbitration between employers and employees prior and during World War Two. The concept of arbitration was used to prevent the differences between the parties from escalating into chaos and turning tragic due to workers' strikes. The concept became a vital requirement in the 20th Century with the rapid industrialization and formation of labor unions (Hinchcliff, 1991, p.231). In the United States, it started in1935 with the passage of NLR (National Labor Relations) Act and proceeded into and during the WWII. President Roosevelt Franklin saw the need to help iron out the differences in industries that produced steel and other war materials so that the ensuing labor differences may not escalate and lead to shortage war paraphernalia (Hinchcliff, 1991, p.251). Far much more than the World War One, the World Wa r Two involved aggressive commitment of all nations in the globe. The whole human resources as well as the economic resources were directed to combat the vice. Both combatants and the non-combatants were affected and the expansion of the battle field to cover the enemies' boarders dealt a big blow to the world economy. The ability of a country to survive the war was therefore determined by its capacity to handle industrial and personnel requirement during the Great War. These two sectors which were already strained the war only aggravated the situation. There was a need to keep the human capital under control and at the same time produce enough to run the demands of the war. At its infancy, the law was never at all friendly with arbitration of any form. It was viewed by many as a means of overshadowing and usurpation of the judiciary. The courts were very hostile with it establishment. Their view was that the system was geared to drive them from the office and be rendered jobless through complete ousting of the jurisdiction process (McKelvey, 1957, p.14). To counter the new development, the courts declined to order specific performances of an executor for arbitration and also refused to allow for anything over the nominal damages for a breach of an