Global Law Essay Example | Topics and Well Written Essays - 2500 words

Global Law - Essay Example Her inner thighs, buttocks, perineum, genital areas and groin were severely burned that she had to be admitted for treatment to the hospital for 8 days. While in the hospital for treatment, Liebeck went through skin grafting and debridement treatments. Liebeck filled a claim with McDonalds for $20,000.00, but McDonald refused to pay the said amount so Liebeck brought the case to court. During the discovery proceedings, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992 and a number of these claims were similar to that of Liebeck. The documents presented by McDonalds proved that McDonalds knows about the hazards that its coffee products have on drive-thru costumers. McDonalds’ quality assurance manager also said that based on the advice of its consultants, the company made it a policy to keep its coffee between 180 and 190 degrees Fahrenheit to keep its taste. This policy stands even though other companies serve their coffee lower temperature and coffee is normally served at home around 135 to 140 degrees. McDonalds’ quality assurance manager admitted that the company did not evaluate the safety ramifications that this practice may have on the costumers. He also acknowledged the fact that any food items served as 140 degrees or more may cause burning. He also acknowledged the fact that since McDonalds’ coffee is between 180 and 190 degrees, the coffee is not fit for consumption as it would cause burning on the mount and throat. 2. Issues to be decided by the court a. Whether or not Liebeck is entitled to compensation for the pains and sufferings that she went through after she was burned by the coffee bought from McDonalds. b. Whether or not McDonalds observed proper safety measures to protect its clients from possible harm that its products may cause. 3. Facts Relied Upon by Stella In arguing her case in court, Liebeck relied on the testimonies of a scholar in thermodynamics applie d to human skin burns. According to the expert, 180 degrees, liquids can cause third degree burns in a matter of two to seven seconds. The degree of the damage on human skin reduces exponentially as the temperature of the liquid reduces to 155 degrees and below. If Liebeck’s coffee had been around 155 degrees when it spilled on her lap, she may not suffer serious burns. 4. McDonald’s Defense McDonald claimed that its costumers buy coffee on their way to work or home with the intention of drinking the coffee once they arrive at their destination. As it is, the coffee would have enough time to cool down along the way so it will not be scalding hot when the costumers get to drink them. Another defense posed by McDonalds is that its costumers know that the coffee they buy from the drive-thru is hot and the costumers want it that way. 5. Court Decision The jury awarded Liebeck $200,000 in compensatory damages and another $2.7 million in punitive damages. The compensatory da mages were later on reduced by the jury to $160,000 since Liebeck was also at fault. The trial court, on the other hand, reduced the punitive damages to $480,000.00. 6. Opinion on the case Awarding both compensatory and punitive damages to Liebeck is only fitting in this case because McDonalds committed gross negligence in doing its job to protect its costumers. However, I do not agree with the jury’

Coping, Maintaining Health and Preventing Illness Assignment

Coping, Maintaining Health and Preventing Illness - Assignment Example People with Type A personalities have low self-esteem, low patience, and distrust towards fellow humans. These qualities result in irritation, anger, anxiety and lack of sympathy; these symptoms indicate anxiety disorders. Experiencing anxiety disorders indicates or are associated with some form of cardiac issues. Psychology of individuals has a significant impact on their health. Association of psychological distress and chronic heart failure was established by Lesman-Leegte et al.’s (2006) study that indicated most of the patients with chronic heart failure were suffering from psychological distress, either in the form of depression or anxiety disorder. Sogaard et al.’s (2008) research carried out with a purpose of investigating relationships between type A behavior pattern and psychological distress measured in middle aged men participating in two surveys 28 years apart clearly indicated that Type A individuals had high risk of developing psychological distress. Psychological distress needs to be managed through counselling and psychotherapy that can strengthen Type A individuals’ psychosocial characteristics towards more positive outcomes. Aquarius et al. (2006) proved that younger people require higher social support in order to recover from treatment of peripheral arterial disease (a type of heart disease). This social support is to enhance their psychosocial impressions of the self and

Interview II Essay Example | Topics and Well Written Essays - 500 words

Interview II - Essay Example As the partner portfolio grows the task becomes more demanding. During the last 16 years this job has turned my hair grey. A. I have developed a team of 20 people that assists me and their efficiency sustains my position in the company. I pride myself in building an effective team and have confidence in their abilities. I encourage and support them in their endeavours and they too respect me as their leader. I work late hours as well as on weekends and when needed they put in extra time as well. We complement each other in every way. This attitude is the reason of my success. A. I look up to my best friend and boss Dr. Yang who is both a friend and mentor. We have been together for 20 years now. He trusts my decisions and appreciates my sense of humour. He has contributed the most to make me a competent Leader that I am today and I respect him for this. A. My ethical challenge is to be a role model for my young son. I wish I could spend more time with him and my family. I do appreciate and place high value on their understanding and unflinching support for me and my work. He is a very frank person and outspoken in praise of his boss, co-workers and his family. He believes in hard work and in total commitment to his job. However his job does not leave him enough time for his family. Collaboration and mutual respect are the building blocks of eminent leadership. A successful leader is one who respects opinions, creates a collaborative environment, builds teams, appreciates and encourages subordinates and takes inspirations from friends and superiors. The Leader has to work hard to set an example for the followers and to build bridges and confidence between team members irrespective of their positions. This paves the way for a collaborative environment that fosters easy and open communications. For any organization communications, both within and beyond are necessary for smooth functioning and for realization of the corporate vision and

NASCAR Diversity Essay Example | Topics and Well Written Essays - 750 words

NASCAR Diversity - Essay Example For more than a decade now, the company still lacks the proper policies and strategies that can adequately enhance diversity. According to Kusz (81) NASCAL has been using a â€Å"Southern Strategy† in its undertakings. According to Canas and Sondak (134) â€Å"NASCAL was born in a time when racial segregation and discrimination was being experienced in every part of the American culture.† This means that the problem of racial discrimination in NASCAL was likely to be experienced in the organization from day one. The organization was initially founded by the southerners in a very racial diverse region. However, this did not help solve the diversity problem since in a seventy year history of NASCAL; only one African American driver ever gained victory in a racing event. Wendell Scott was that driver. Even though Scott had won several other races he was declared to have won just once in his entire career. This is because some of the track owners â€Å"did not want a black man kissing the track queen in victory Lane† (Canas and Sondak 134). Diversity problem in NASCAL therefore is a problem right from the founding of the company. The management of the company, sponsors as well as the aud ience formed the basis of discrimination of the African American drivers as well as the women drivers. Scott as the first African American driver â€Å"was booed by fans when his car broke down in his first race for NASCAL† (Canas and Sondak 134). It is from such incidences that the sponsors would not want anything to do with the African American drivers since they are despised by the fans. The company would therefore be forced not to involve the African American drivers in major leagues. Today, there are still very few African American drivers in NASCAL with â€Å"only five blacks to have started a handful of races since 1986† (Canas and Sondak 134). This has been attributed by different scholars of the world to the insufficient funding following the fact that the NASCAL team

Tax Research Paper Example | Topics and Well Written Essays - 500 words - 1

Tax - Research Paper Example Inherently, the Democratic Party openly endorses a tax system that will see the wealthiest, together with corporations pay their fair share of tax. Moreover, they are calling for decisive steps to be made in order to restore fiscal responsibility. Actually, Obama proposes that tax for people earning over $250,000 annually be raised. Essentially, this will affect about 1% of the country’s population, and moreover, this is expected to reduce the deficit with about $ 4.2 trillion in the next decade. In addition, democratic platform follows the framework for corporate tax reform that was introduced by the president (Kapur 5). Actually, the reform advocates for use of closure of corporate tax holes so as to pay for lower tax rates. Notably also, the platform also seeks to undo corporate tax credits together with deductions for the businesses that mainly shift jobs overseas and in the same time lower the rates for the corporations that have invested in the country, especially in res earch and manufacturing. On the other hand, Gleckman, purports that the 2012 republican platform proposes an absolute overhaul of the federal tax system and instead, it calls for a national sales tax or value added tax as the best solution to the country’s budget problems (4). Further, the republicans claim that the move will involve instituting a value added tax, which entails a tax that will confiscate money at different stages of production process. More importantly, Romney also plans to cut taxes by 20 percent, for all as well as do away with alternative minimum tax together with estate tax as well. In addition, his tax plans also speaks of eliminating taxes on investment income for the couples earning an income of below $200,000 (and $100,000 for individuals), as well as maintain the current low tax rates for those with high incomes. The US federal income tax structures base on models of aggregation in expenditure. Application of the Euler equation approach of Hall (978),

A Manager's Ethical Dilemma Essay Example | Topics and Well Written Essays - 750 words

A Manager's Ethical Dilemma - Essay Example A new commission component was added to the compensation of mechanics. The mechanics after the changes were paid a base salary and could earn more based on commission incentives. This new system instead of helping the company it brought lots of troubles because the workers at the firm began to act in an unethical manner. Ethics can be defined as a system of moral principles that leads to decisions between right and wrong (Dictionary, 2012). In 1992 the California Department of consumer affairs accused Sears of violating the state’s Auto Repair Act. The agency threatened to take away the firm’s license to operate. Soon thereafter other states began to take similar stances against Sears. The managerial changes at Sears created an unhealthy working environment that negatively impacted the actions of the workers. The mechanics at Sears began to act unethically because they saw an opportunity to cheat the system and earn more money based on the incentive plan the company cre ated. The mechanics at the auto centers had been systematically misleading customers and charging them for unnecessary repairs. The investigation made by the California department of consumer affairs concluded that the reason that the irregularities and consumer abuse occurred was based on the new compensation system. The actions of Sears leave a lot to be desired from this business entity. Sears created an undesirable working environment that gave incentives to the workers to cut corners and lower the quality of the service to the customers. The mechanics at the firm were a bit corrupt and they decided that their personal well being was more important than satisfying the auto repair needs of the customers. The mechanics would overcharge the customers in order to increase their overall level of compensation. Sears should have prevented this behavior by providing adequate training and development in ethical manners. The company could have also prevented the unethical actions by estab lishing penalties to the mechanics for customers that are not satisfied. An unethical mechanic would think twice about overcharging a customer if the person knows that doing so might result in an economic penalty. Sears could improve the ethical conduct of its employees by applying deontological ethics to its business operations. Deontological ethics deals with obligation as deriving from reason or as residing primarily in certain specific rules of conduct rather than in the maximization of some good (Thefreedictionary, 2012). In order to implement the use of deontological ethics Sears must develop a new code of ethics for its employees. The code of ethics will establish what is acceptable behavior by the employees and what it unacceptable behavior. The code of ethics will also incorporate rules that the employees must follow in regards to their ethical conduct. The changes made by the Sears following the revelation of the scandal were not adequate due to the fact that the firm incl uded within its new pay structure an incentive component that could be exploited by an unethical employee. The firm claimed it eliminated incentive pay, but following the changes an employee of the firm made a complaint to a senator that the firm was still using incentive pay to its mechanics and that the policies were hurting his ability to provide quality service to the customers without overcharging them. The eight steps of Trevino and Nelson decision making framework can help Sears revolve the problem. The firm

Unsafe practices Essay Example for Free

Unsafe practices Essay 5 people died due to neglect. The main one being a nurse/carer gave the wrong dosage of warfarin to a resident which resulted in the lady being hospitalized and her MAR charts being falsified to hide the mistake, as the carers knew that if the hospital had seen the original MAR charts would have resulted in a CQC inspection and possibly the home being shut down. Nurses would shut door when residents were shouting for help. That resident could have been shouting for any number of reasons but the staff chose to shut the door and not investigate. They put a lady on the toilet and forgot about her, which could have resulted in a serious accident or worse. They also used parcel tape to hold a bandage in place, which when removed could cause skin tears or bruising. The only reason anything came of this is because a carer/nurse left the home and became a whistleblower after she had found 28 separate drug mistakes had been made in one night shift and she was asked to shred the MAR charts for the wafarin incident. 2010-2012 People with learning disabilities were left alone for long periods of time even though some of them had a history of self harming. Staffs were found to have been verbally abusing the residents and one male member of staff physically abused a female resident. These people ensure their trust to carers thinking they are going to get the best possible care. The manager should ensure there is enough staff to cover each shift as night shift was found to be understaffed possibly causing safeguarding issue. An audit showed lack of staff training, lack of planning sufficiently for care of older residents, limited access to activities and poor provision of food and drinks. All of this comes under physical abuse and neglect it also isolates them from bonding together due to the lack of activities so the abuse would go unnoticed for longer as the residents weren’t mixing together and building friendships. As for the food and drinks the residents are entitled to choose what they want and when they want it otherwise it falls into the category institutional abuse In all of these incidents the residents have suffered numerous kinds of abuse which isn’t acceptable. If staff were unsure of what to do they should have asked for further training or guidance.