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

Case analysis Study Example | Topics and Well Written Essays - 1500 words - 2

Analysis - Case Study Example The customer loyalty gained by this company emanates from the trust bestowed upon its good intentions and commitment to sharing the music experience with the community both locally and beyond. Although sharing a similar financial history, the companys principal competitors include the Detroit Symphony Orchestra, the Chicago Symphony Orchestra both of which have operated at deficits in the past. San Francisco Symphony has a high corporate strategy that appreciates its current position, its future aspirations and aims at defining the means of getting to its destination. Under its business strategy, the symphony can be said to have a good long-term plan on how to achieve its strategic objectives by the year 2018. In terms of its human resources, the company takes pride in the rich experience of its director, president and board members as a reliable, functional strategy for both its planning, development and marketing needs. The symphonys superior music experience in terms of recording and performance make up its strengths (Hall & Taylor, 2014). However, the consistent deficits and periodic poor financial performance is a weakness that must be improved to make the companyâ⠂¬â„¢s future brighter. Considering the customer base, and its good leadership, the Symphony has an open opportunity for growth. However, competition and the unionization of the music industry are major threats. An analysis of the competitiveness of the company, the ethical issues that arise in its operations, its financial status and the overall framework shall be made with the aim of establishing its actual position. The competitive analysis will adopt the Porters Five Forces analysis and the VRIO framework. The unstable financial stability of the company marked by consistent deficits will be deeply analysed. The study will endeavour to make recommendations that can improve the company in both its corporate, business and functional strategies. Through its

Impact of Democracy on Economic Development Essay

Impact of Democracy on Economic Development - Essay Example A case example is Mali. In the year 1985, per capita income of Mali was $532, dictatorship increased at a rate of 5.35%. Hence the question arises, could economic development have been different if there was democracy in Mali? A comparison of France indicates that in 1985, France which is a democracy had per capita income of $12206 and it grew at a rate of 1.43% (Ndulo 2006). These statistics indicate that most poor countries have a slower economic development than the rich countries due to democracy. In 1985, Mali was not a democracy as it was full of dictatorship thus slow economic development while France which is a democracy experienced a fast economic growth. This assumption is however not very true as democratic nations are still prone to poor economic growth as there some are underlying factors that affect both economic development and democracy. We can therefore conclude that democracies are common in economically developed countries as compared to poor countries that have a poor economic growth. The explanation behind this is not because democracies are likely to appear due to economic development, but because of their likelihood of survival should any eventuality occur. Democracy varies with different countries but when the correct democracy is applied there is a higher chance of economic

Redevelopment of Ratho Station Essay Example | Topics and Well Written Essays - 1250 words

Redevelopment of Ratho Station - Essay Example One such initiative is to link Ratho station region with BAA, Edinburgh. The components of transportation units proposed composed of combination of tram network supported by cycle ways and car ways. Also, the main access to the Ratho station road cannot presently accommodate huge impact. As a result, it is proposed to construct new road which will link the new road to the Glasgow road. Further, to regulate the traffic flow would be by using separate lanes for both entry into the station and also for exist from the station. This one way network would consist of the proposed road to the station to carry vehicles towards the station and the exist and the station road for those moving out of the station. Installation of proper road signs and display boards , road markings and clear way signs all need to be indicated properly. Also, the display signs shall also incorporate better reflective type of materials to improve visibility in the case of winter and foggy days. The thrust for sustainable development initiatives in the Ratho region have forced the authorities to consider different policies that limit the public using large number of private vehicles. This have forced the regional council to decide not to provide extended car parking facility at the station premises (Edinburgh, n.d.). Thus a few spaces need to be earmarked for the disabled for whom such facilities need to be appropriately provided. The best location identified for such cases is at the main entrance of the station itself. It is estimated that nearly 10 numbers of parking spaces shall be provided as the disabled car parking facility at the main Ratho station entrance. And, to easy movement of the disabled passengers from the parking space to the platform separate wide footway along with the ramp need to be constructed. Such facilities would make Ratho station to be accessed by all in the society without much difficulty. Public transportation The existing facilities for public transportation at the Ratho station region is very minimal. The service of the buses is limited to trip generated by single route available in the region. The prevailing route is the network lining Ratho village, Ratho station and Edinburgh Airport. Thus the initiative to reduce private vehicles also makes the administration to look for increased number of public buses along these routes. Another recommendation being presented to the change the trip frequency to 10 to 15 minutes as a result of which better comfort for public would be experienced. Another major development in connection with the public transportation facility is implementing effective tram network in Ratho region. The major drawback often stated against the trams are its very low travel speed and the obstructions caused by their overhead wires. Thus a concept of underground tram network is mooted in the planning discussions. The route proposed as part of the development initiative w ould start from north side of Ratho station. It would then run parallel to the entry road and later separate to move beneath the Glasgow road through the tunnel. The tram way extends further along the Glasgow road and continues up the airport and finally closes at the new tram station. As large number of heavy vehicles are also expected to pass this region necessary facilities are also

Bottled water is safer than tap water Essay Example | Topics and Well Written Essays - 750 words

Bottled water is safer than tap water - Essay Example Mineral water accumulates various minerals as it flows over rocks before it is collected while spring water emanates from the ground, having no chance to collect minerals. Tap water is treated with chemicals before distribution to consumers. The major chemicals used for tap water treatment are Chlorine and fluorine. It is normally treated to eradicate any pathogens that might be present in the water, and which may cause diseases. This is water that is packaged directly from the source. It is significant due to the fact that it is taken in its natural state, without chemicals. Mineral water contains important elements such as calcium and magnesium that are needed in the body. They are acquired from water that flows along a course composed of rocks that are rich in minerals. Bottled water has established a market in the word population due to the standards that have been set by many governments in order to protect the consumers. It is advantageous because once packed, the water has a long shelf life. Bottled water can also be used for emergency supplies in cases of water shortage. Travelers can conveniently carry bottled water with them when they travel over long journeys. However, there has been a rise in the level of pollution in the environment, causing pollution in the natural water sources. Land fills and incinerators are a major source of pollutants. It is progressively becoming un-advisable for people t o drink bottled water because of the associated levels of pollution. According to Feldman (2003, p.27), â€Å"The quantity of plastic waste generate every year are predictable at half a million tons.† These are mainly disposed in land fills and incinerators. They end up polluting surface water bodies During the rainy seasons, soil erosion causes fertilizers and other pollutants emanating from land to be transported to the rivers, springs and wells, which are the major source of bottled water. Nutrients from the soil are leached in to the ground

College is a Waste of Time, and Money Essay Example | Topics and Well Written Essays - 1250 words

College is a Waste of Time, and Money - Essay Example We have already heard in the news and discussion forums the unresponsiveness of our school system that it does not necessarily prepare an individual in the real world. Even Bill Gates criticized the present school system and its curricula that it is no longer reflective of what is needed in the real world that has real problems The cost of going to college is also not to be taken lightly. It is expensive and typically comprises the majority of the savings of the parents of a typical middle class parent. The expenses are not only limited to tuition, but also the books, board and lodging and other miscellaneous costs. Considering that an individual will not even be getting a real education that is responsive to the real problems in the real life settings, it is not worth it to spend that much. The money and time that is supposed to be spent in college can be used in other better things. Real education can be had through other means without wasting time and resources. College only prepa res an individual to be a conformist and an employee; to get a job and live a life of drudgery of getting up early and working for someone else. College does not even teach you how to make money in a smart way. According to Robert Kiyosaki in his bestseller book Rich Dad Poor Dad, college does not prepare an individual for financial independence. ... Many of the subjects that are offered in the courses in college are also impractical and unnecessary. They have no use except to burden a student with additional workload and tuition expense with only the satisfaction of finishing the course. In short, many of the things that are taught in college are just â€Å"nice to know†. Worst, the things that are learned that are supposed to equip the student when he or she gets into the real world, are forgotten by the time the student graduated because of the long stay in school. The intelligence that is required in life is not also academic intelligence or intelligence quotient (IQ) as what school is telling us but emotional intelligence or real life intelligence that solves real life problems (Wechesler, 1982 qtd. In Mandel & Pherwani, 2003). This kind of intelligence which is required in real life is not even taught in college and in fact even downplayed by the â€Å"academics†. It has always been assumed that a higher IQ th at is needed in college would equate to a desirable performance in real life and a determinant of an individual’s success in a chosen career. It has always been stressed that college is an appropriate preparation for an individual to succeed or make it in life. Real life, street or emotional intelligence on the other hand has been traditionally regarded as a weakness and irrelevant. It has been thought that being street smart has no bearing nor use in professional endeavors and as such, irrelevant. Real life learning has always been relegated as inferior to college. Recent studies however have illustrated that school/college and its IQ is an insufficient predictor of success. As early as 1920, Thorndike has already contended that to make it in life,

Moral Standing of Abortion Essay Example | Topics and Well Written Essays - 1500 words

Moral Standing of Abortion - Essay Example This paper is an attempt to undertake an objective approach to develop an unbiased and a logically sound thesis aiming at implying a set warrant of the issue by arguing that abortion is morally wrong and unjust, however only under special circumstances (like rape or mother`s like at risk) can abortion be justified as a morally sound decision. Abortion is defined as â€Å"the expulsion of a  fetus  from the  uterus  before it has reached the stage of viability† (Encyclopedia Britannica). The biological makeup of an embryo or a fetus, by any standard, resembles that of a human as the genetic makeup of the cells of the embryo is the same as that of a human, and the viability stage reaches at week 20 when the embryo fully resembles that of a human. Thus, at the stage of viability it would be only sane to regard abortion as an immoral act as murdering an innocent life negates all the principals of morality. However, under special circumstances, the woman may be allowed to a bort the baby, especially when the woman`s life is at stake or if the baby will result in the mental trauma for the woman in case the embryo is a result of rape or sexual abuse. However, if the woman was engaged in a voluntary act which resulted in the conception of an embryo, it would be insane to kill the baby if the embryo has reached the stage of viability. Thus, in any case abortion is an immoral act as an embryo older than twenty weeks is as alive as a grown up human being. However, some cases may be considered as exceptional ones and in some special circumstances abortion can be deemed as a moral act. Firstly, when the life of the mother is at stake for the reason that giving birth to the baby will risk the life of the mother, abortion is absolutely moral. Secondly, if birth resulted from rape or any kind of sexual abuse, which would cause mental trauma as the birth would constantly remind the woman of the unfortunate incident, thus in this case the woman should have the free dom to choose if she wants the baby or not. Thirdly, factor of viability is of importance to decide whether or not abortion is immoral i.e. an embryo if any younger than twenty weeks is conceived it will be fair enough to abort the baby as it won`t be a viable one. In this case, it is important to analyze the arguments and propositions put forth by Thomason (1971) which are referred to by many pro choice advocates. Thomason (1971) tries to negate the conclusion derived by two propositions that firstly, human embryo has the right to life, and if human embryo has the right to life it is morally impermissible to kill him. Thus, it is sensible enough to conclude that it is impermissible to kill the human embryo. However, she tries to negate the conclusion by replacing the second proposition by the relative rights of the mother and the child, i.e. she claims that the mother has a right to take decisions about her body and the fetus has a right to life. In other words, she is trying to ar gue that the pro-life advocate will then regard abortion as a breach in the rights of the mother as opposed to the rights of the baby. Though the argument seems to be valid, but it lacks soundness as it is a clear example of the fallacy of inappropriateness. Though it is true that a mother has rights, but at the same time she should be responsible enough to take precautionary