Liability for an Employees Assaults Case Study Example | Topics and Well Written Essays - 2500 words

Liability for an Employees Assaults - Case Study Example The discussion that follows explains why. Vicarious liability is a legal concept assigning responsibility to an employer for the negligence or prohibited conduct of an employee acting in the course of his duties at work. If the conduct is in no way connected to the employment the employer will not be held liable. There are several reasons for the doctrine of vicarious liability and Michael A. Jones offers perhaps the best synopsis. Jones explains that vicarious liability can be justified on the following grounds: "(1) The master has the 'deepest pockets'. The wealth of a defendant, or the fact that he has access to resources via insurance, has in some cases had an unconscious influence on the development of legal principles. The courts have established and developed a three tier test in order to determine whether or not the tortfeasor is an employee and his employer is vicariously liable for the conduct of his or her employee. The three tier tests are: "the control test"2, "the integral test"3and "the multiple test."4 The control test is satisfied if the employee is under the control of the employer. For instance if the employer can terminate the employee for failing to carry out the employer's instructions, the employee is under the control of the employer. ... likely to be considered an employee and if the employer is at liberty to hire the employee and to terminate his services he will in all likelihood be deemed an employee within the context of the control test.5 Margaret Simpson should have no difficulty establishing the control test for the purpose of having Tom deemed an employee of AFS. He himself stated that he was "only doing his job." Moreover in attempting to justify his conduct he stated that he was responding to comments about his poor performance made by his manager Sarah Harper. This statement is a manifestation of the control Tom's employers had over the manner in which he performed his duties. There were also previous talks about job losses and performance targets which would suggest that Tom was an employee under the control of AFS. By virtue of the integral test, if the employee forms an integral part of the business and is not merely incidental to the business then he will be deemed an employee.6 Tom Barnes is employed at AFS' headquarters in the position of product sales executive. AFS as a financial services business and selling its products can not in any way be viewed as merely incidental to the success of the business. Therefore it is fair to assume that Tom Barnes, a product sales executive is an integral part of the business. The multiple test is an amalgamation of the control and integral tests. In Ready Mix Concrete (South East) Ltd v Minister of Pensions (1968) 2 QB 497 it was held that the multiple test is satisfied and an employee is said to be under a contract of service if he is paid for his services, is under the control either expressly or implicitly of his employer and if there are other terms and conditions reflective with an employment contract.7 On the facts of the case for

Does the ever present popularity and cross over of 'ethnic crafts' and Essay

Does the ever present popularity and cross over of 'ethnic crafts' and products signify a new aesthetic interchange or simply another form of cultural appropria - Essay Example stance the African Period of Picasso (between 1907-1909) when he was heavily influenced by African Sculptures that was also engendered by an interest in the present interest in Africa (French colonial exposure of Africa brought forth â€Å"exotic† news of African animals, tribes, cannibalism and overall primitivism) gave his work a historical as well as commercial value. Hence, I shall explore why and how cultural appropriation (if at all we can call it that) is actually a philistine way of assuming that ethnic craft representation to a Western audience shall always be somewhat mysterious, unknown, open to manipulation by Western thoughts and practices and is also somewhat full of â€Å"untouched† variety. These assumptions are almost always taken into account when representing ethnic art and thus represent another idea of the â€Å"white man’s burden† still on the run and notions of â€Å"Orientalism† isn’t over as yet, even in the age of Gl obalization. It is not so much an aesthetic interchange as much a thirst for giving the art a new dimension unknown to most western eye. When the question of appropriation comes into the picture, the questions of artistic intentions too follow. With it comes the speculation of the vanguard of exchange – where and how it happens. Does it follow any trend or does it depend on a single artists quest for something beyond the discipline of Western Aesthetics? Or is it just another form of responding to current socio-historical or political trends? I guess it is all of the above and more! Let us explore why and how. Previously the influence in art forms at least before the beginning and formation of the Imperialistic Discourse, was somewhat beyond the scope of this â€Å"Self† and the â€Å"Other† demarcation. With new discovery during the Renaissance, the Islamic tin-glazed pottery and lusterware became the most dominant form of ceramics in Spain. It continued from a period of 13th Century till the very beginning of 16th century,

Clinical quality and patient safety Assignment Example | Topics and Well Written Essays - 250 words

Clinical quality and patient safety - Assignment Example e leading cause of the occurrence and development of the hospital-acquired infections is the medical practitioners becoming complacent and fail to practice the correct hygiene regularly (Mayhall, 2004). As a nurse practitioner, I would develop a rule that will enhance all practitioners take hygiene seriously. For the rule to be well implemented and to work out comprehensively, I would allocate every section to a practitioner who will be accountable for the hygiene of that section. Any infection that will be occurring in ones’ section due to a preventable cause, the practitioner in charge will bear the cost of treating the infected casualties and also pay a fine. By so doing, all the medical practitioners in that facility will be vigilant of any form of a condition likely to favor the development of hospital-acquired infections. No individual nurse or practitioner will accept to bear the cross of something preventable (Mayhall, 2012). This means that everyone will do his or her best to ensure that the section allocated to him or she is infection free. This will in turn lead to the safety of patients as well as acquiring a clean environment for all the occupants of the

Global Sourcing - Defining Global Capital Market Opportunities close Essay

Global Sourcing - Defining Global Capital Market Opportunities close - Essay Example p.). As such, global sourcing of capital could be described as a practice of sourcing funds from the global market/fund through the use of financial instruments such as stocks, mutual funds and engaging services of intermediaries. All investments have risks, and these are described as the systematic risk and unsystematic risks. Systematic risks are those risks that could not be diversified or eliminated, usually a big event that will set off a loss of economic value or confidence in the financial system. Examples are war, inflation, fluctuations of interest that affect the entire economy. Unsystematic risks are those belonging to the company alone. Examples are fires, natural disasters, or falling of sales. Risks in investments could not be eliminated, however, systematic risks could be measured and expected market returns are calculated through statistical method of regression analysis. Regression analysis makes use of Beta coefficient. A Beta coefficient is a measure of volatility that says, â€Å"a beta of 1 means that the security’s price will move with the market; less than 1 means that the security price will be less volatile in the market, and a beta of more than 1 indicates that the security’s price will be more volatile in the market† (Investopedia, n. p.). A beta >1 scheme offers greater returns but at the same time presents more risks. Example: high-tech stocks have a beta >l, while utilities have

South america Essay Example | Topics and Well Written Essays - 500 words

South america - Essay Example A characteristic feature of the state of affairs brought about by some powerful economic interests in an environment with weakened or nonexistent rule of law is the disappearance of clear boundaries between the sphere of governments/authorities and the sphere of organized crime or rebels. In a region traditionally torn by international disputes over land, resources, or economic paradigms, guerrilla or paramilitary groups in one country are often sponsored by the government of a neighbouring country. Over the last years this has been the case with FARC - a Marxist rebel terrorist group active in Colombia, and its ties to the present-day government of Venezuela. The organization derives most of its finance from growing coca (Philp). In their effort to restore the money influx after it suffered from U.S.-backed anti-drug campaign led by Colombian government, the guerrillas invaded areas previously unassociated with coca production, doing everything to get the indigenous inhabitants of these lands involved in their trade. As Philp shows in her article, the coca growing guerrillas, a self standing anti-government group thinking themselves to be outside the reach of legitimate Colombian authorities, never refrain from threats, violence, murder.

Party Press Essay Example | Topics and Well Written Essays - 1500 words

Party Press - Essay Example Mass media refers to the transfer of knowledge and information to an unlimited mass audience. Phones or cell phones may not usually be considered as a mass medium; this is because telephones are the device meant for only two way communication between two or more than two people. Previously there have been only six categories of mass media; that is, Print, Recordings, Cinemas, Radio, Television and the Internet. Now a new category has been introduced in the mass media, which are cell phones. Cell phones are now being considered as the seventh mass media channel; also called as digital media. Cell phones are the only mass media that are always carried by the user. They also provide nearly 100% accuracy regarding the audience and that every content that has ever passed through the device could be traced back; whether it is calls, messages, or any other media content such as movies, videos, or music. In ancient times the Church was the sole source of information for the people. The Churc h had the complete power over the minds of the citizens and was very powerful. They were the ones responsible to disintegrate the information in whatever form and style that suits them. After the Gutenberg’s invention of metal movable type, books became widely available. They were then the source of knowledge and information. ... The 1960s saw the first innovation in the form of open reel audio tapes; then came the C-cassettes and music cartridges in the 1970s and later in 1990s the MP3 files were the new digital storage medium for music. The records were not only limited to music storage but also provided storage for videos and movies. In the 1970s, movies started appearing in video cassettes. Later recording also expanded to include categories such as computer programs, video games and TV shows. Due to these advancements the music industry also evolved to include the pop music, besides the orchestra. Cinemas were introduced in the 1910s as the third mass media channel. Watching a movie in cinemas is an exhilarating experience for many. Movies were the first mass media that involved moving images and pictures. The visual effect they created was unmatched by any other mass media. At first movies were thought as means that could diminish the value of books. But this was not the case. Some of the best sellers w ere converted into movies, while in other cases the best of the Hollywood movies were written in print. Not only books and novels, but comics were also made into super-hit films, such as Superman, Batman, and Spiderman etc. The radio became the next mass media. With the invention of radio, came a concept of broadcast schedule and audience were required to listen to the shows when they were aired, and not just as they wished; as was the case in all the previous mass medias. It became the channel for commercial communication and brought its audience a wide range consisting of news, information, dramas, music, debate etc. Radio first brought the concept of breaking news; disseminating news and information as it is happening. Radios were sustained by

Investigating the Ratio Between Poly-Vinyl Alcohol Essay Example for Free

Investigating the Ratio Between Poly-Vinyl Alcohol Essay Introduction: Poly-Vinyl Alcohol (PVA) is a water-soluble synthetic polymer that will be used as one element to form the well know bouncing ball, along with Sodium Borate (borax), which has a variety of uses because of its weak base. PVA is ideal for this experiment because it is odorless, nontoxic, has high tensile strength and flexibility. The binder characteristics of PVA offer excellent adhesion to porous, water-absorbent surfaces. A local manufacturer wants to find a material to create a simple toy: a bouncing ball. Research institutions collaborate with local manufacturers and provide professional assistance with their projects. In trying to create a bouncing ball, one must find the appropriate ratio of the two that forms a solid for which have the properties that a bouncing ball consist. It is important that we find the correct ratio so that it is perfect shape, texture, and saltation. The main property that we are testing for is the products bounciness. Figure 1: The reaction of PVA and borax. In the above illustration, two PVA molecules are shown being cross-linked by a hydrated borax molecule. Four molecules of water are also produced. Hypothesis: In this experiment, I predict that if more Poly-vinyl Alcohol over Sodium Borate, then the appropriate bouncing solid will be formed. Methods: With the supplied solutions of PVA and sodium borate, my group and I took 100 mL of each solution. We measured out different ratios repeatedly to find the appropriate ratio. Start with a happy medium of 10mL (PVA) and 20mL (Sodium Borate) and examined the results. The results are not accurate so you have to test the extremes and then examine which way to continue. In my experiment, more of PVA is needed and less of sodium borate is needed. Continue testing until you get closer and closer to an adequate ratio with a good solid product, which we can to the conclusion that 4:1 as well 7:1 worked as good ratios to further test. We tested the ratio by cooling one and heating the other. By cooling the product it was able to harden and somewhat stay in shape. On the other hand, by heating it it doesn’t keep its form thus unable to be bounced. So to harden the heated product follow the theory of heating (50Â °c) to then immediately cooling (12Â °c) the product; this helps to harden the product inside out thus allow the product to keep its shape as well as bounce like a true manufactured bouncy ball. Results: Ratios – table 1 Trial(s)| Amount of PVA| Amount of Sodium Borate| Ratio| Description| 1| 10 mL| 20 mL| 1:2| slimy| 2| 3 mL| 30 mL| 1:10| watery| 3| 30 mL| 3 mL| 10:1| play-dough| 4| 20 mL| 1 mL| 20:1| foamy| 5| 10 mL| 2 mL| 5:1| rubbery| 6| 8 mL| 2 mL| 4:1| slightly crumbly| -| 12 mL| 3 mL| 4:1**| harder/shaped| 7| 15 mL| 5 mL| 3:1| slimy/not keeping form| 8| 7 mL| 1 mL| 7:1| too slimy| -| 14 mL| 2 mL| 7:1**| harder/shaped| Note: ** multiple tests (heated, cooled, heated and cooled) Bouncing Height – table 2 Ratio| Iced (12Â °c)| Heated (50Â °c)| Heated then Cooled| 4:1| 8-10 cm| -| 30-32 cm| 7:1| 9-11 cm| -| 19-20 cm| pH 8 weakly alkaline Discussion: A local manufacturer wanted my team to find a suitable ratio to create the well-known toy, the bouncing ball. In efforts to do so, our TA supplied PVA, along with sodium borate, to the students. Each group could only acquire so much at a time. My group acquired 100 mL of both PVA and sodium borate. To start, we did a 1:2 ratio just as a test to see if it would solidify into a ball. As a result, it came out slimy so we tried to up the amount of sodium borate (1:10 ratio), which lead us to a more watery product. Since increasing the amount of borax lead us in the wrong direction, we increased PVA and lowered sodium borate to a 10:1 ratio. This ratio gave us a play-dough outcome, which was closer to what we needed. Decreasing the amount of solution to a 5:1 ratio, we moved even closer. The 5:1 was starting to feel rubbery. After seeing how close we were with the 5:1, we tried the 4:1. Our 4:1 and 7:1 were fairly similar and the closet to our projected outcome but it was not quite there yet. So, by heating and cooling each result gave us a somewhat reasonable result. The result of cooling our 7:1 product for 30 minutes was a harder but still lacked shape as well as the 4:1 product that was cooled for 30 minutes. The 7:1 result was able to bounce 9-11 cm in height while the 4:1 product was able to bounce to a similar height of 8-10 cm. Both products heated would not bounce or keep form, so we immediately put both on ice. As most people should know, with the rapid temperature (from hot to cold), it causes an object to harden from the inside out. So, with this theory in mind, after the heated products failed we placed them on ice and let it sit there and harden. The products hardened over a 15-minute time frame and we could clearly see the difference between these and the rest of our trials. The heated then cooled product for the 7:1 ratio could bounce to a height interval of 19-20 cm, while the product from the 4:1 ratio could bounce to a height interval of 30-32 cm. Ultimately, we have to accept the best product for the manufacturer to mass produce and market so that the most money can be made. From the data collected, the ratio 4:1 is the closest to form a perfect product (bouncy ball) simply because it bounced higher which meant it was harder as well as kept its shape. But, from this experiment, we can conclude that either just cooling the ratio or by heating then immediately cooling the ratio product creates an adequate bouncy ball that when dropped it bounces like a true bouncy ball. References: Experiment 2. Polymers:. N.p., n.d. Web. 19 Sept. 2012. http://matse1.matse.illinois.edu/polymers/e.html. Polyvinyl Alcohol. Wikipedia. Wikimedia Foundation, 26 Aug. 2012. Web. 19 Sept. 2012. http://en.wikipedia.org/wiki/Polyvinyl_alcohol. Borax. Wikipedia. Wikimedia Foundation, 18 Sept. 2012. Web. 19 Sept. 2012. http://en.wikipedia.org/wiki/Borax.