Synopsis of Tort Case

A tort action is an act of commission or omission that results in a legal injury for which a remedy can be instituted. The case has a number of tort actions that include slander and negligence.Advertising We will write a custom essay sample on Synopsis of Tort Case specifically for you for only $16.05 $11/page Learn More Slander Actions Slander is defined as a written publication of an unjustified false statement against an individual. The statement must have a potential to lower the plaintiff’s reputation from a rational person’s perspective. For an act to be considered as slander, the statement must have been false, referred to the plaintiff, defamatory in nature, and published in a written form. In the case, Raul published a false statement on a sign. The statement claimed that SureCo Company was stealing from its customers, a statement that is not true and yet taints the company’s image (Miller and Jentz, 2010). Plaintiff and def endant The potential plaintiff in the tort case is the SureCo Company. This is because the company is the victim of the defamation. The defendant is Raul who published a defamatory statement (Miller and Jentz, 2010). Elements of slander that constitutes the plaintiff’s claimAdvertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The actions of Raul satisfy the essential elements of a slander. The first element is the publication of a false statement. Raul published a claim that the company is stealing from its customers. This statement is false because the company did not engage in any of such activities. Actions of the agent that constituted misrepresentation of facts were illegal and did not bind the company. The written statement was further defamatory (Miller and Jentz, 2010). Possible defense The possible defense that Raul can use is justification of the statement or an offer of ap ology for the statement. Justification of the statement would involve proof that the company has been involved in an activity of stealing from its customers. Raul can similarly apologize to the company and use the apology as a defense (Miller and Jentz, 2010). Possible resolution The case is most likely to be resolved in favor of SureCo. This is because the circumstances of the case satisfy elements of a slander. The possible defenses are also not strong enough, based on the facts of the case. Negligence Another tort action in the case is negligence. Negligence is defined as a breach of duty of care that leads to legal injury (Miller and Hollwell, 2010).Advertising We will write a custom essay sample on Synopsis of Tort Case specifically for you for only $16.05 $11/page Learn More Plaintiff and defendant The plaintiff in the case would be Raul who was shot in the eye. The defendants would be the boss and SureCO Inc. SureCo would be a possible defendant on the ground that the boss acted on her capacity as an agent for the interest of the company (Miller and Hollwell, 2010). Elements of negligence For a case to be considered as negligence, the defendant must have owed the duty of care to plaintiff. That duty of care must have been breached leading to damage. Generally, every person owes a duty of care to his or her neighbor. Consequently, the boss owed a duty of care to Raul who was in her environment. The duty of care was breached by shooting in the direction of the plaintiff. As a result, the plaintiff was shot in the eye leading to injury (Miller and Hollwell, 2010). Possible defense Possible defense in the case include the doctrines of contributory negligence and ‘volenti non fit injuria’. Under contributory negligence, the defendant can claim that the injury occurred only because the plaintiff demonstrated in front of the company’s premises. Similarly, arguments that the plaintiff should have been aware of a gainst him would constitute ‘volenti non fit injuria’ (Miller and Hollwell, 2010). Possible resolutionAdvertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The case is likely to be resolved in favor of the plaintiff. This is because the defendant used excessive force apart from strong evidence for negligence. References Miller, R., and Hollwell, W. (2010). Business Law: Text Exercises. Mason, OH: Cengage Learning. Miller, R., and Jentz, G. (2010). Business Law Today: The Essentials. Mason, OH: Cengage Learning. This essay on Synopsis of Tort Case was written and submitted by user Emmalee Dorsey to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Colour Power essays

Colour Power essays Its funny how little things we take for granted can have major effects in our life. Colours; they have had great significance to us throughout all phases of our life, starting from the treasured crayon boxes in kindergarten to the latest clothes in fashion this season. They have more influence on us then we can possibly imagine. Medical science has proven that different colors have various effects upon our nervous system. If we use them intelligently, they can help us by strengthening, soothing, and inspiring us. Colours affect our mood, and can help us accomplish many things. For example, most of us who take band music already know that thinking bright yellow has been proven to help us hit the high notes. You may have heard about chromotherapy, when a therapist can use colour and light to balance energy wherever our bodies are lacking, be it physical, emotional, spiritual, or mental. Much evidence indicates that colour and light have been used for health treatments since the beginning of recorded time. Colour therapy is possibly rooted in Ayurveda, an ancient form of medicine practiced in India for thousands of years. Also, in traditional Chinese medicine, each organ is associated with a healing colour. Ancient Egyptians built solarium-type rooms, which could be fitted with coloured panes of glass. The sun would shine through the glass and flood the patient with colour. Commonly, dark colours have been associated with illness and evil, claiming that they can harm our spirits and health. Strong bright colours, on the other hand, may bring out the best in us, physically, spiritually, mentally and emotionally. Our school uniform colours, navy and white, have a very neutral and balancing effect on all of us. Navy blue, is claimed to profoundly calm and relax us, but it may lead to slight melancholy. It is also the colour that ensures success. Surprisingly, this colour is used to for relieving headaches, ...

Battle of the North Cape - World War II - Scharnhorst

Battle of the North Cape - World War II - Scharnhorst Battle of the North Cape - Conflict Date: The Battle of the North Cape was fought December 26, 1943, during World War II (1939-1945). Fleets Commanders Allies Admiral Sir Bruce FraserVice Admiral Robert Burnett1 battleship, 1 heavy cruiser, 3 light cruisers, 8 destroyers Germany Rear Admiral Erich Bey1 battlecruiser Battle of the North Cape - Background: In the fall of 1943, with the Battle of the Atlantic going poorly, Grand Admiral Karl Doenitz sought permission from Adolf Hitler to allow surface units of the Kriegsmarine to begin attacking Allied convoys in the Arctic. As the battleship Tirpitz had been badly damaged by British X-Craft midget submarines in September, Doenitz was left with the battlecruiser Scharnhorst and the heavy cruiser Prinz Eugen as his only large, operational surface units. Approved by Hitler, Doenitz ordered planning for Operation Ostfront to commence. This called for a sortie by Scharnhorst against Allied convoys moving between northern Scotland and Murmansk under the direction of Rear Admiral Erich Bey. On December 22, Luftwaffe patrols sited Murmansk-bound convoy JW 55B and began tracking its progress. Aware of Scharnhorsts presence in Norway, the commander of the British Home Fleet, Admiral Sir Bruce Fraser, began making plans to eliminate the German warship. Seeking battle around Christmas 1943, he planned to lure Scharnhorst from its base at Altafjord using JW 55B and Britain-bound RA 55A as bait. Once at sea, Fraser hoped to attack Scharnhorst with Vice Admiral Robert Burnetts Force 1, which had aided in escorting the earlier JW 55A, and his own Force 2. Burnetts command consisted of his flagship, the light cruiser HMS Belfast, as well as the heavy cruiser HMS Norfolk and light cruiser HMS Sheffield. Frasers Force 2 was built around the battleship HMS Duke of York, the light cruiser HMS Jamaica, and the destroyers HMS Scorpion, HMS Savage, HMS Saumarez, and HNoMS Stord. Battle of the North Cape - Scharnhorst Sorties: Learning that JW 55B had been spotted by German aircraft, both British squadrons left their respective anchorages on December 23. Closing on the convoy, Fraser held his ships back as he did not wish to deter a German sortie. Utilizing the Luftwaffe reports, Bey departed Altafjord on December 25 with Scharnhorst and the destroyers Z-29, Z-30, Z-33, Z-34, and Z-38. That same day, Fraser directed RA 55A to turn north to avoid the coming battle and ordered the destroyers HMS Matchless, HMS Musketeer, HMS Opportune, and HMS Virago to detach and join his force. Battling poor weather which hampered Luftwaffe operations, Bey searched for the convoys early on December 26. Believing he missed them, he detached his destroyers at 7:55 AM and ordered them to probe south. Battle of the North Cape - Force 1 Finds Scharnhorst: Approaching from the northeast, Burnetts Force 1 picked up Scharnhorst on radar at 8:30 AM. Closing in the increasingly snowy weather, Belfast opened fire at a range of around 12,000 yards. Joining the fray, Norfolk and Sheffield also began targeting Scharnhorst. Returning fire, Beys ship failed to score any hits on the British cruisers, but sustained two, one of which destroyed Scharnhorsts radar. Effectively blind, the German ship was forced to target the muzzle flashes of the British guns. Believing he was engaging a British battleship, Bey turned south in an effort to break off the action. Escaping Burnetts cruisers, the German ship turned northeast and attempted to loop around to strike at the convoy. Hampered by degrading sea conditions, Burnett shifted Force 1 to a position to screen JW 55B. Somewhat concerned that he had lost Scharnhorst, Burnett reacquired the battlecruiser on radar at 12:10 PM. Exchanging fire, Scharnhorst succeeded in hitting Norfolk, destroying its radar and putting a turret out of action. Around 12:50 PM, Bey turned south and decided to return to port. Pursuing Scharnhorst, Burnetts force was soon reduced to just Belfast as the other two cruisers began suffering mechanical issues. Relaying Scharnhorsts position to Frasers Force 2, Burnett maintained contact with the enemy. At 4:17 PM, Duke of York picked up Scharnhorst on radar. Bearing down on the battlecruiser, Fraser pushed his destroyers forward for a torpedo attack. Maneuvering into position to deliver a full broadside, Fraser ordered Belfast to fire starshells over Scharnhorst at 4:47 PM. Battle of the North Cape - Death of Scharnhorst: With its radar out, Scharnhorst was caught by surprise as the British attack developed. Using radar-directed fire, Duke of York scored hits on the German ship with its first salvo. As the fighting continued, Scharnhorsts forward turret was put out of action and Bey turned north. This quickly brought him under fire from Belfast and Norfolk. Changing course to the east, Bey sought to escape the British trap. Hitting Duke of York twice, Scharnhorst was able to damage its radar. Despite this success, the British battleship struck the battlecruiser with a shell which destroyed one of its boiler rooms. Quickly slowing to ten knots, Scharnhorsts damage control parties worked to repair the damage. This was partially successful and soon the ship was moving at twenty-two knots. Though an improvement, this reduced speed allowed Frasers destroyers to close. Maneuvering to attack, Savage and Saumarez approached Scharnhorst from port while Scorpion and Stord neared from starboard. Turning to starboard to engage Savage and Saumarez, Scharnhorst quickly took a torpedo hit from one of the other two destroyers. This was followed by three hits on its port side. Badly damaged, Scharnhorst slowed allowing Duke of York to close. Supported by Belfast and Jamaica, Duke of York began pummeling the German battlecruiser. With the battleships shells striking, both light cruisers added torpedoes to the barrage. Listing severely and with the bow partially submerged, Scharnhorst continued to limp along at about three knots. With the ship critically damaged, the order was given to abandon ship around 7:30 PM. Charging forward, the destroyer detachment from RA 55A fired nineteen torpedoes at the stricken Scharnhorst. Several of these struck home and soon the battlecruiser was convulsed by a series of explosions. Following a massive explosion at 7:45 PM, Scharnhorst slipped beneath the waves. In the wake of the sinking, Matchless and Scorpion began picking up survivors before Fraser ordered his forces to proceed to Murmansk. Battle of the North Cape - Aftermath: In the fighting off the North Cape, the Kriegsmarine suffered the loss of Scharnhorst and 1,932 of its crew. Due to the threat of U-boats, British ships were only able to rescue 36 German sailors from the frigid water. British losses totaled 11 killed and 11 wounded. The Battle of the North Cape marked the last surface engagement between British and German capital ships during World War II. With Tirpitz damaged, the loss of Scharnhorst effectively eliminated surface threats to the Allies Arctic convoys. The engagement also demonstrated the importance of radar-directed fire control in modern naval battles. Selected Sources Operation Ostfront: ScharnhorstImperial War Museum: Battle of the North Cape

Helping Skills in Mental Health Facilitation Case Study

Helping Skills in Mental Health Facilitation - Case Study Example termine her mental state of health as well as help her find a community mental health facilitator in charge of a social support group of people undergoing the same situation as her. The mental health facilitator assists in people sharing their experiences and helping them cope with the problem and their situations better be they social or psychological (Hinkle, 2014). After achieving a bit of control of her life and managing to reduce her depression, the next step is for her to bring in her son with her to the community group and they undergo the support as a family. They will be helped to know how to communicate better with each other, learn out about their needs and want and how to coexist with each other without having to fight all the time. Susan will be taught to not only be a parent but be a friend to her son as well and how they can trust each other since they only have each other. The mental health facilitator is the one to assist them fulfill the plan. Hinkle, S. (January, 2014). â€Å"Population-Based Mental Health Facilitation (MHF): A Grassroots Strategy That Works.† The Professional Counselor Journal. Retrieved from:

What would happen in a market that is transformed from a perfectly Essay

What would happen in a market that is transformed from a perfectly competitve market to a pure monopoly - Essay Example Competition not only helps the customer but also the company itself. The constant challenge to outdo the rival helps companies to stretch an extra mile and work optimally. Barriers to entry keep the businesses constrained and discourage them to enter the market. In a perfectly competitive market a lot of suppliers of goods and service exist, a lot of buyers exist, the barriers to entry are non-existent and the market is characterised by non externalities. In a pure monopoly the demand curves of market and the firm are identical. However, in a pure competition the demand curves are different for both market and firm. The demand curve of the firm is perfectly elastic because it sells product or service at the equilibrium price. Natural monopolies exist without any regulation in place but due to the technological and cost advantages of the company. The prospective entrant can not afford to invest in the technology or share cost advantages of the initial firm in the same industry. For example, DeBeers has control over the natural resource of diamonds. Practically all diamonds in the world have come into the control of DeBeers in South Africa. IBM enjoyed monopoly for a long time because of copyrighting and patents rules. Gas, electric and bus companies are usually monopolies in their respective country because of the huge cost of capital and maintenance cost. Monopolies are often call price setters and many exploit their status to discriminate price for its consumers. In real world, pure monopolies have mostly been characterised as less efficient. Pure monopolies supply is hardly equal to the market’s demand. The consumer are constrained by making alternate choices as there is no other firm in the same industry. This has grave implications on the society we live in. The self interest battle between the pure monopoly and the society can cause loss of goodwill for the monopolies. However, natural pure monopolies do not exploit the

The Pros and Cons of Contracting Out In The Public Sector Essay

Advantages and Disadvantages of Contracting Out In The Public Sector Introduction Many public agencies in recent years have followed the trend of privatization, or contracting-out. Activities and functions that were once performed, or services that were once provided, by public employees are now being performed by private sector employees (Lyons). Vehicle towing, health services, police protection, and solid waste collection are among the many services and functions that government has contracted out. A survey in 1995 that was sent to mayors or city managers of America's largest cities (based on population) revealed that only three of the 66 cities that responded to the survey had not privatized any city services. http://fpac.fsu.edu/parbaby/pdf/1997/janfeb/dilger.pdf This trend translates to not only an administrative concerns but a staffing concern faced by many managers. Privatization As A Staffing Concern Replacement Of Civil Servants By Contract Employees Privatization of governmental functions has a direct relationship with the number of contract employees in government and an inverse relationship with the number of civil servants. As privatization has become more acceptable, contract employees are being hired to do the jobs, thus, replacing civil servants. As indicated by Gregg Lodan, Assistant Administrative Analyst for the City of Long Beach Community Development Department, approximately 20% of the department’s employees are contract employees, as opposed to approximately 5% three years ago. He stated that other departments and other cities might have even higher percentages because functions of whole departments or individual functions are now being considered for privatization (Lodan). In India... ...3. International City Management Association. Service Delivery in the 90's: Alternative Approaches for Local Governments: Washington D.C.: International City Management Association, 1989. Lodan, Gregg and Jesus Gomez. Personal interview. November 18, 1998. Lyons, James. "Contracting Out for Public School Support Services." Education Urban Society, Feb. 1, 1995: 154 Pinchot, Gifford, and Elizabeth Pinchot. The End of Bureaucracy & the Rise of the Intelligent Organization. San Francisco: Berrett, 1993: 180. Rehfuss, John A. Contracting Out in Government. San Francisco: Jossey, 1989 Wolfe, Michael N. "That's Not an Employee, That's an Independent Contractor." Compensation & Benefits Review, July-August, 1996: 60-64. Nigro, Lloyd G., and Felix A. Nigro. The New Public Personnel Administration. Itasca, Illinois: F.E. Peacock Publishers, Inc., 1994.

After the Second World War Essay

1) Japan   2) The â€Å"four tigers†: Taiwan, South Korea, Hong Kong, Singapore (the sixties of the twentieth century); 3) Indonesia, Malaysia, Thailand, China (from the 1970s to the 1980s) In fact, by rejecting import substitution industrialization Asian nations managed to avoid some negative results of this policy. First, their economies were not dragged by inefficient industries. Second, East Asia did not have to implement policies benefiting industrial workers at the expense of those working on the farms. This was crucial for Asian countries because farmers made up the majority of their population. In addition, in order to diminish the cost of industrialization, the cost of food needed to be kept artificially low. And also, East Asia attempted to prevent the appearance of rent seeking behaviours, which resulted from the usage of the licensing schemes for import substitution strategy and which usually increased inefficiency of economics. High tariffs on manufactured goods, which were imposed by many countries in order to create their manufacturing bases, forced multinational companies to assemble or produce them locally. For example, manufacturers of motor industry exported vehicles for local assembly. Their vehicles were delivered ‘completely knocked down’ and the local assembly resulted in poorer quality and higher expenditures in comparison with those imported already built up. Moreover, the local assembly of identical products only duplicated resources and reduced economies of scale, which became increasingly inefficient for manufacturers. On the whole, at the beginning of 1980s the policy of import substitution industrialization began to fail both in Latin America and in those Asian countries where the policy was adopted. Generally, it happened because the governments involved in the policy started to overspend reserves in order to keep the stability of currency. The governments in Latin America defaulted on their debts and had to turn to the help of the International Monetary Fund. Another process which contributed to the failure of import substitution was globalization. However, some economists think that the collapse of the policy of import substitution industrialization â€Å"should not necessarily be taken as an endorsement of globalization. † Such point of view was supported by the fact that some countries of East Asia also used high tariff barriers while rejecting the rest of the strategy of import substitution. This mixed policy was focused on investment and subsidies on the industries which would produce goods for export. As a result, these Asian countries managed to create competitive industries. However, irrespective of all their achievements, the policies described above also proved to be inefficient and later led to many problems during Asian financial crisis. The closing period of import substitution industrialization was in 1989 when the Washington Consensus as a set of policies designed to promote economic growth in the countries of Latin America was presented by John Williamson. The Washington Consensus included reforms which continued the policy of import substitution industrialization offering a modernized version of its tenets. In particular, the Washington Consensus proposed the following: 1) the discipline of fiscal policy; 2) tax reform. It flattened tax curve: the tax rates on high tax brackets were lowered and the tax rates on the low tax brackets were raised. Also it suggested lowering the marginal tax rate; 3) Competitive exchange rates; 4) Trade liberalization by means of low and uniform tariffs which would replace quantitative restrictions; 5) Reduced limitation for foreign direct investment; 6) Privatization of state enterprises; 7) Deregulation, which implies â€Å"abolition of regulations that impede entry or restrict competition, except for those justified on safety, environmental and consumer protection grounds, and prudential oversight of financial institutions† 8) Property rights must be legally secured; 9) Public spending should be redirected toward the investment of health, education, and infrastructure; 10) â€Å"Interest rates that are market determined and positive (but moderate) in real terms. † In the nineties the Washington consensus was being disputed. The critics of the reforms argued that they would lead vulnerable countries to crisis instead of helping to overcome it. Naomi Klein and Noam Chomsky claimed that the neoliberal policies of the Washington consensus would lead to the exploitation of labor market of an underdeveloped economy by a more developed one . Privatization of state industries, deregulation, and tax reform were seen by the opponents as the reforms which would ensure the development of the layer of local monied elite who would pursue local interests and try to maintain local status quo. Jorge Taiana, the Deputy Foreign Minister of Argentina, also disapproved the Washington consensus saying that such policies never had a real consensus and nowadays â€Å"a good number of governments of the hemisphere are reviewing the assumptions with which they applied those policies in the 1990s,† adding that governments are working on a development model which would ensure productive employment and guarantee the generation of real wealth. Another economist Duncan Kennedy in the article for The Boston Review stated that the Washington Consensus completely opposed the initial tenets of import substitution industrialization and more favoured American political interests: â€Å"In the form promoted by the United States, ISI was as hostile to free-market economics as to Communism. The overarching idea of the Washington Consensus was to wipe out every aspect of ISI: the Washington Consensus is both that free markets are good and that ISI [Import substitution industrialization] was bad. Developing countries were to develop through integration into the world commodity and capital markets, with policies of deregulated private enterprise, foreign investment, and open economic borders. † All in all, taking into consideration the mistakes of the previous experience and the criticism of the economists, the developmental policy of import substitution industrialization has never been returned since the time of the Washington Consensus. Thus, in the paper import substitution industrialization as a process and as a policy was investigated. It was found out that import substitution pursues three main goals: utilization of underused capacities, reducing unemployment and infant industries protection. The implementation of the policy of import substitution industrialization is based on three tenets: particular monetary and industrial policies, and protective trade barriers. However, it turned out that success and efficiency of import substitution industrialization was doubted by the proponents of absolute free market. Potential risks of import substitution were also visible while careful theoretical analysis and pointed out by economists. The underdeveloped countries of Latin America and East Asia implemented the policy of import substitution industrialization. It occurred that the potential risks and the negative aspects found out by the proponents of absolute free market constituted the drawbacks of the policy and finally became the chief factors of its failure. However, the major part of East Asian countries rejected the policy and experienced economic growth. The example of Brazil demonstrated that the policy of import substitution industrialization can stimulate economic growth for some period of time, but its drawbacks (first of all high expenditures and inefficiencies) pose real obstacles for continuous and strong economic development. Bibliography: 1) Bianchi A. M. Concern with Policy-relevance in the Latin American School of Economics. Post-autistic economics review. Issue no. 18, 5 February 2003 article 2 10 Nov. 2005 2) Charles J. Born in Blood and Fire Chasteen, 2001.p. 226-228. 3) Duncan Kennedy on import substitution industrialization. Totalitarianism Today. The Boston Review October 13, 2003, 10 Nov. 2005 4) Import substitution, Economic Geography Glossary, 1999, , 12 Nov. 2005 5) Import substitution, Wikipedia, 24 October 2005, 10 Nov. 2005 6) Stutz F. P & Souza A. R. : The World Economy: Resources, Location, Trade, and Development (3rd ed. ), Prentice Hall 1998.