Morals of Euthanasia

Dena Furey Euthanasia March 8, 2013 Euthanasia Euthanasia is the act of purposely making or helping someone die, instead of allowing nature to take its course. Basically, euthanasia means killing in the name of compassion. Often surrounded by heated arguments from both those in favor of and those against the practice, human euthanasia spurs the most conflict within political circles, differing cultural and religious attitudes, and the health care system. I will be defending Tom L. Beauchamp’s theory that euthanasia is ethically moral and sometimes permissible.Beauchamp’s theory states that if voluntary passive euthanasia is sometimes permissible, then voluntary active euthanasia is sometimes permissible. Voluntary passive euthanasia is when a patient refuses treatment, such as a do not resuscitate (DNR) order. Voluntary active euthanasia is when a patient requests treatment, such a lethal dose. Beauchamp has a negative and positive thesis to his theory. They are: * Nega tive thesis-you cannot condemn physician assisted suicide by merely invoking the position of letting die and killing. Positive thesis-physician assisted suicide is permissible when you’re not only not doing any harm but also have a valid authorization from the patient. The first part of Beauchamp’s thesis deals with the distinction between letting die and killing. Opposers of Beauchamp’s thesis state that voluntary passive euthanasia (DNR) is permissible because you are letting the patient die, whereas voluntary active euthanasia (lethal dose) is killing the patient. Beauchamp thinks there is a problem with the definition of letting die and killing and that we need to make a clear distinction between them.Beauchamp presents a few ways we might be able to make that distinction. They are as follows: * Intentions-an act is a killing if and only if it is an intended death, you can foresee the consequences of your actions. Beauchamp presents a challenge to this. A DN R can be seen as an intended killing because the health care practitioner can foresee the consequences, and it could be interpreted as killing the patient if they do not revive him. Another example could be a drunken driving case. When a person drives drunk they do not intend to kill someone, is that now not considered a killing.So, Beauchamp thinks this definition of killing is wrong. * Wrongfulness-an act is a killing if and only if it is a wrongful death. Beauchamp presents a challenge to this. A DNR is considered not wrongful, but a lethal dose is wrongful, but going against a patient’s wishes could be considered wrongful in the lethal dose case. What is considered wrongful, that is what we are trying to answer. So, our conclusion is in our question, it makes a circular argument. Beauchamp thinks this definition of killing is wrong. Causation-an act is a killing if and only if an agent as opposed to an underlying condition causes death. Beauchamp offers an example to show the problem with the causal theory. A policeman is hurt in the line of duty and placed on life support. A mafia guy who wants the policemen dead comes in and pulls the plug, which in turn causes the policeman to die. In this case, what the mafia guy did was not wrong because the policeman died of natural causes. It was the underlying condition that caused the policeman’s death, not the mafia guy.Is this acceptable? One opponent to Beauchamp, Bernard Gert, says he wants to hold onto the causal theory. He thinks the mafia guy did wrong because he did not have a valid refusal of treatment from the policeman, such as a DNR. Beauchamp offers an answer to Gert showing how the causal theory is still a wrong definition of killing and letting die. It was not really the letting die of the policeman that was important to Gert; it was the refusal of valid authorization to pull the plug which made it a killing.So, if what Gert thinks is pivotal is what the patient wants, then why is a le thal dose request by the patient considered a killing and not a letting die. Beauchamp thinks the causal theory does not work. The conclusion to all these theories is that even if you can make a distinction between letting die and killing it still will not make a difference morally. The positive part of Beauchamp’s thesis states that physician assisted suicide is permissible when you’re not only not doing any harm but also have a valid authorization from the patient.Let’s establish what a valid authorization is. Beauchamp says a valid authorization is a request from someone with the authority to make a decision and it needs to be done freely and autonomous. I feel as though in the case of a lethal dose a little more needs to be added to the valid authorization. I think it should also include that the diagnosis given be terminal, the decision should not be made at the time of the diagnosis but after thinking everything over and it should be an enduring, voluntary , and competent informed decision, not co-erced in any way.The patient’s suffering should be unbearable, that there is no way of making that suffering bearable that is acceptable to the patient, and the physician’s judgments as to the diagnosis and prognosis were confirmed after consultation with another physician. Beauchamp’s position on the moral ethics of a lethal dose say that 1) we should abandon the letting die and killing distinction, 2) when it is wrong to cause death, what makes it wrong?. 3) The answer to that question is unjustified harm. For instance in the mafia example, the mafia guy did wrong because he did unjustified harm and did not act in the will of the patient.In conclusion, when voluntary active euthanasia would do no harm and there is a valid authorization, it is not wrong. There are, however, some well-known objections to human euthanasia. The oath a health care practitioner takes in one objection. I feel as though the oath needs to be ch anged to reflect modern society and medical practice. The world has changed since the oath was first written, as have ethical codes of conduct. Another objection is the slippery slope argument. People think that once the government steps in and starts killing its citizens, a dangerous precedent has been set.The concern is that a society that allows voluntary euthanasia will gradually change its attitudes to include non-voluntary euthanasia and involuntary euthanasia. Although this does present the need for more regulation and control of euthanasia, history has clearly demonstrated that any law or system can be abused. Also, what reason is there to believe that someone’s support for voluntary euthanasia be psychologically driven to practice non-voluntary euthanasia. Palliative care has been a favored alternative to euthanasia but thus still presents the issue of quality of life.When choosing palliative care over physician assisted suicide I think it would be important to ask w hether life will be enjoyed and not simply tolerable. To get the best palliative care requires trial and error with some suffering in the process. Even high quality palliative care comes with side effects such as nausea, loss of awareness because of drowsiness, and so on. Where voluntary euthanasia is not tolerated, giving large doses of opioids to relieve pain in the knowledge that this will also end life is tolerable.In situations where palliative care can only guarantee a life that is tolerable, I think euthanasia is a legitimate option. Opponents to euthanasia state that everyone has the right to life, liberty, and security of person. Every person has these rights; however, if a person has the right to life, then they should have the right to die. Everyone should have the same control in choosing the way they die as they do in which they live. It is unfair to decide whether one should live with pain and agony, knowing full well that they have a terminal illness from which there is no known recovery.In the past, the doctor was a person who was a friend. Now a doctor is a stranger who combats diseases, but she is not always your friend. What will never change is their struggle against death. However, they’re job is not only to prevent death but to improve they’re patient’s quality of life. Many times there is nothing a doctor can do to prevent a patient from dying if the patient has a terminal disease; all she can do is wait for death to arrive. I think and believe that it is everyone’s right to determine the amount of suffering they can endure in their lifetime.It should not be up to fellow society members to decide what they must endure because of differing viewpoints on who is responsible for their life. I do not tell anyone how to live, so do not tell me how to die. Death could be a choice that you might not make, but a choice that someone else can have. Dena Furey Euthanasia March 8, 2013 Bibliography Page Beauchamp, Tom L. à ¢â‚¬Å"Justifying Physician-Assisted Suicide†, Ethics in Practice. 3rd ed. Ed. Hugh LaFollette. Blackwell Publishing Ltd. , 2007. 72-79. Print.

Brand Audit Essay

The sole objective of this brand report is to know about the brand potency of Mobilink in the Pakistani market in comparison to other competing service providers. The other objective is to put a spotlight on the different cellular companies operating in Pakistan and the perception of the users about them. TARGET AUDIENCE: As far as the Mobilink is concerned, it has no specific target audience because it is catering the requirement of all the users through its different packages. Cell phone is a requirement of every one so it also  of several segments whether it is youth, ladies or corporate sector. Brand Positioning  makes sense to launch multiple products to cater to the requirements RESEARCH METHODOLOGY: INTRODUCTION: The purpose of the research methodology is to carry out different methods of research to accomplish the set research objectives pertinent to the brand tracking. For that purpose, a set of questions have been made to inquire and analyze the responses of the  respondents. RESEARCH METHODOLOGY: The research methodology used in this brand tracking is qualitative as well as quantitative in which we have not only used a questionnaire to know the responses of the respondents of the sample group but also open ended questions asked from a set of respondents at mobilink franchises to get a more flexible response from the respondents. Secondary research methods are also used to get the information regarding the competitors and Mobilink to get to know the market structure and the standing of the cellular companies in it. Triangulation  and secondary research to find the parity in results. SAMPLING DESIGN: The target population belongs to every segment and class of life because cell phone users belong to every class of population and we method is used to cross check the results from qualitative, quantitative  cannot discriminate the target market based on SECs. Subsequently, the sample selection is random and random sampling method is used for sample selection to get the feedback of the users from all the classes. The sample size used for the questioning consists of 250 respondents. RESEARCH INSTRUMENTS: The instrument used for the research in this brand tracking activity is primarily a multipurpose questionnaire which comprises of open and close ended questions not only to help in the quantitative research but also in the qualitative research as well. It consist questions pertaining to the brand associations, brand recall, brand image, projective responses and brand values. The reliability of the instrument is measured through the triangulation method by comparing the results of all three research methods. PROCEDURES: The data collection is through the questionnaire from a sample group of 250 respondents. The screening of the information acquired from  entry. All the information from the responses is entered as per the frequency of respondents against the questions. These respondents is done manually using MS Excel as a tool for data. The objective of this brand audit report is to measure the brand potency of Mobilink in line with the competing brands. The specific issues faced by the brand in terms of market conditions, saturation in the cellular market and the overall recession in the economy will also be taken into account while studying the brand. Also, what subproducts fall in the generalized master brand i.e. Mobilink and to which segments these sub-brands are catering to.  When speaking of the target audience for Mobilink, we should keep in mind that in the world of today, cell phone is no longer a luxury as was the case in 90s but now, it has become a necessity for everyone. So when we speak of cell phone target market, we speak of all the socioeconomic classes from A to E. The brand audit is limited to Karachi only because of limited time and resources. But, in order to get a  are covered with a dynamic sample population to get diverse views about the brands so as to get a better and augmented underst anding of the market perceptions about the brands. The approach used for brand audit is mainly the survey through set questionnaire and secondary research methods regarding their inputs on brand imagery & usage, brand recall, brand perception, brand loyalty and brand awareness. BRAND BRAND (SELF ANALYSIS): Pakistan Mobile Communications Limited, better known as Mobilink GSM, is a telecommunication service provider in Pakistan. The company is Pakistan’s leading cellular operator with a subscriber base of 31.5m and market share of 31% in October 2010. Mobilink’s Head office is located at Mobilink House, 1-A Kohistan Road, F-8 Markaz Islamabad. Mobilink’s corporate postpaid package is sold under the brand name â€Å"Indigo† and prepaid by the name of â€Å"Jazz†. Mobilink started operations in 1994 as the first GSM cellular Mobile service in Pakistan by MOTOROLA Inc., later it was sold to Orascom, an Egypt-based group is diversifying its service portfolio by setting up new businesses and also expanding through acquisitions. Recently, they started offering DSL broadband through a wholly owned subsidiary, Link.Net. Additionally, the company has also launched its wireless broadband  service through WiMax based technology under the label of ‘Mobilink Infinity’. Technology is backed by Alcatel, and company is using a ZYXEL Customer Premises equipment. BCG GROWTH-SHARE MATRIX Companies that are large enough to be organized into strategic business units face the challenge of allocating resources among those units. In the early 1970’s the Boston Consulting Group developed a model for managing a portfolio of different business units. The BCG growth-share matrix displays the various business units on a graph of the market growth rate vs. market share relative to competitors. OF  SBUSCLASSIFICATION These packages are low growth, high share products. These established and successful SBUs need less investment to hold their market share. They produce a lot of cash to support the other SBUs that need investment. These packages are low share in high growth markets. They require a lot of cash to hold  their share. Management needs to think hard about question marks it should  try to build into stars or should be phased out.  It is low growth, low share product. It may generate enough cash to maintain itself but do not promise to be large source of cash. PRICING STRATEGY OF MOBILINK: Mobilink was offering Jazz connection for about 3000 rupees 5 years passage of time now Mobilink is offering Jazz connections for about 100 rupees. In 2002 Ufone which is one of the leading competitor of Jazz introduced its prepay connection for about 2500 rupees. In 2005 Telenor came into existence in Pakistani market and offered its connections for about 500 rupees. Then in 2005 Warid also entered the market offering its connections for 250 rupees. In this way price war   ago. Its market oriented statement is â€Å"Aur Sunao† But through the started between these telecom brands in the market. Previously it was Jazz’s oligopoly as they offered their prices. In 2005 Jazz offered a Cellphone plus connection and prepaid card implementing a productbundle pricing strategy for creating more attention and attraction. The major shift in the pricing strategy came in when they started 30.second operations using the promotional pricing strategy. In the early days Jazz was offering its sim-cards for a high-price using captiveproduct pricing strategy as its SIM-card is a main product that must be used along with the cell phone. Initially Jazz’s call rates and SMS charges were also reduced using discount and allowance strategy and initially directing towards promotional strategy as the competition between cellular brands in the market grew faster. Recently Jazz introduced its offerings of 0.99 per minute call rates in their â€Å"happy hour package† which represents their operations with the  promotional as well as psychological pricing of their services. Through its happy hour package they are also operating with promotional strategy as they are engaged in continuous promotion through their offerings. INDUSTRY REVIEWS In the era of globalization and information society, the fundamental role of telecommunication technologies cannot be underestimated. Although tremendous growth has taken place in the Pakistan telecom sector but most of it can be attributed to the cellular growth. Fixed line is still awaiting a takeoff. Similarly Value Added Services have grown introduced in the telecom sector some very positive impact have been observed on the growth of the sector in a short span of time which is expected to continue to grow for at least next five years if the daring investors influx continue as in the last 3 years. Our Industry already has LL (Local Loop), WLL (Wireless Local Loop), LDI (Long distance and but are still a drop in the bucket. Now that the competition has been  International), and ISP (Internet Service Provider) players and WiMax; 3G cellular systems are expected be a part of this Industry soon. The Pakistan market has reached 100 million subscribers landmark with cellular mobile tele density of over 60% (PTA press release Sep 2010).The growth slowed down in 2009 but has picked up again gradually. At 2006 year end the total subscribers were 48.2 million. In June 2007 the total mobile users reached over 63 million. Based on numbers published at PTA website for 2007, the total number of million, a teledensity of nearly 49%. In 2007 the average growth rate was about 2.5 million new subscribers each month! After second half of 2007 it seemed as if the growth had slowed down but overall it was fine. One remarkable achievement was by Zong (formerly Paketl) which  launched  very  successful. Telecommunication Co. Ltd (PTCL), is now under the control of Etisalat group of UAE. It has 20% of subscriber share and added the most lines (2.4 million) from 2006-07. Warid, owned by the Abu Dhabi group of the United Arab Emirates and sister of Wateen group is number 4 with 17.0% market of subscribers. Recently it sold 30% share to SingTel. Norway’s Telenor, a recent entrant with about a billion US dollar investment in Pakistan has been doing well, based on its recent earning report. It has about 24% of the market share. Telenor stock is listed in the Oslo stock market (TEL) and in US (TELNY.PK). CMPak (Zong brand), formerly Paktel, was the latest target of foreign acquisition. After it got acquired by China Mobile it was rebranded as Zong and launched one of the most successful and aggressive  campaigns. Within a matter of few months, Zong has achieved a 8 %  market share. CONSUMER ANALYSIS The Pakistani mobile users are more price-conscious but in cellular sector they also don’t compromise on the quality of voice. So, By taking the advantage of this consciousness of the users mobile operators re enhancing product offering in the form of low rate packages  and  network  expansion  by  installing  boaster. Mobile sector comes under verity seeking buying behavior by the buyer because it occurs under the conditions of low consumer involvement and significant brand difference. In this market, consumer has low involvement they perceive the brand benefits on the basis ultimate objective is to communicate to other at for off place. Buying is initiated by â€Å"communication purpose†. Everybody can enter in to buying process by need of communication. In the regard of this communication media vehicles play an important role in getting their service preferred by the users. These days there is a rush of packages   price, voice quality and coverage. The reason for this is that their  out in the market from the mobile service providers, targeting different market segments and offering all kinds of discounts depending on who you call or when you call. Off-peak timings have always been used by service providers to create interest and to lure customers. So, customer seeks indifference among services provided by these cellular operators and switch according to their desire. Factors that influencing on customer switch age to other operator of mobile network are, Price: Users use services of the operator to communication so on of the factor influencing the customer switch age is price. A person in this segment seeks the prices most important factor and operator of service are also offering verity of packages to make the customer attract. Where the price of any product is low people change their taste and divert towards that low price product. Quality: After the price people prefer quality of voice second because they are paying for the voice if the voice is not clear to them which they are paying for they defiantly they switch to other operators. Coverage: After the quality of voice second available factor for  customer switch age is coverage. Users perceive that the operator’s services are available to them where they visit. If they find signal problem they may switch to more coverage operator in the sectors Promotion: With promoting services that has factor too for consumer switch age. Fierce promotion leads an image in the mind of the consumers that company offers many servers and â€Å"a customer focus company†. MARKET Pakistan currently has one of the largest allies of young people in its history, with approximately 25 million people between the ages of 15 and 24. Target market group of cellular sector ranges from 15 to 64 percent which according to demographic profile of Pakistan consist of 56.9% (male 48,214,298; female 46,062,933) of total population. As in the Buying behavior we have studied that Female and male both contribute into making decision for the purchasing of the brand. So the both genders would be in target market. In spite of this professionals are also Mobilink target audience. The Employment Status categorizes majority (45%) as employees followed by own account workers (42%).  About one in ten workers (11%) are reported as unpaid family workers and one & a half percent as employers. As far changes in the comparative periods, unpaid family workers fall by some fractions, employees indicate some increase while own account workers and employers remain on the same level. In the buying and sales of  rise of urban consumerism, global corporate such as Unilever, P & G, GlaxoSmithline and many small & medium enterprise and local  national companies emerges both manufacture and sell their products Mobilink brand also depends on these customers too. Along with the  in Pakistan. In manufacturing and natural resources, Shell and BP are present in addition to the Pakistani state oil company. Honda, Nissan and  Suzuki are among international automotive manufacturers with plants in Pakistan. Mobilink fulfill needs of these local MNC’s local national and SME’s firms by providing them special service package Brand Inventory COMPETITOR’S ANALYSIS COMPETITIVE COMPARISON MATRIX Bring innovation and VAS and data services to increase revenue Market Growth and industry expansion Threats †¢ Recession in economy. †¢ Rapid change in consumer demand. †¢ Inconsistent and adhoc decisions from regulatory authorities. †¢ Political Instability, Security issues. †¢ Adverse shifts in trade policies of government. †¢ High taxation rate of activation tax is causing a slowdown in consumer growth especially all in rural areas. †¢ Price competition †¢ Larger competitors network coverage †¢ Strong advertisement and media presence of competitors †¢ Entrance of new competitors like Zong. †¢ Presence and the acceptability of competitor brand like Telenor and Ufone Strengths: †¢ Leveraging brand equity from international corporate â€Å"Abu Dhabi Group† †¢ Having modern network capabilities in respect of infrastructure. †¢ Financial strength of share holder and their telecom expertise ‘Warid international† †¢ Large Post paid based generating high ARPU †¢ State of the art IP based contact center and leading data center †¢ It has technical partnering involving â€Å"SingTel†, â€Å"Nokia† and â€Å"Wateen†. Weaknesses: †¢ Need to expand network coverage. †¢ Need to increase brand awareness and improved market positioning †¢ Lack of proactive churn management and stimulate programs to address inactive subscriber Page 20 of 28 Brand Positioning COMPETITORS SWOT MATRIX Low promotional packages activities The product line is too narrow. Strengths: †¢ Subsidiary of PTCL. †¢ Stream line benefit. †¢ Knowledge about country culture. †¢ Experience Variety of †¢ Value Added Service †¢ Broad market coverage. Weaknesses: †¢ Stagnant Profitability †¢ Low market share as compare to competitor (Mobilink). †¢ Overly Dependent on PTCL Strengths: Superior infrastructure & technology in PAKISTAN Have a very strong financial. They have the ability and resources to hire skilled engineers. Large number of Subscriber Weaknesses: Low market share as compare to competitor (mobilink) Limited coverage due to newly introduce in the market Signal problem due to limited network Strengths: World biggest network A product of China Mobile Company. Page 21 of 28 Brand Positioning Leverage financial resource from CMC Experienced administration Weaknesses: †¢ Low market share as compare to competitor †¢ They are unable to improve the network means that they are not using their resources. †¢ There is the diversion of customers towards other brands due to connectivity issue BRAND INVENTORY BRAND ELEMENTS: Brand elements consist of brand name, color, Urls, symbols slogans, sound and jingles through which one brand is differentiated from other brands. Brand Name: Mobilink Urls : http://www.mobilinkgsm.com Logos and Symbols: Slogans: Apna Hai Purple and Whitish Purple CORE BRAND VALUE Page 22 of 28 Brand Positioning Colors: Quality: Mobilink Telecom has an uncompromising commitment to quality in this regard. that is why they spare no efforts in pursuing the best in network‚ services‚ product offerings. Innovation: For years‚ people complained of the same things on mobiles. At coverage‚ they are constantly look to make the communication experience different by doing things in a better way. They already introduced 3G supportable system for being see the need of this in the near future. For seeing the growing trend of SMS usage Mobilink has introduces SMSC-less messaging infrastructure that controls the traffic of SMS and makes sure the delivery of messages without involving pending issues. Customer-Friendliness: They enjoy working and succeeding together by building close relationships. While they have a sense of purpose in their operations‚ they also have a strong culture that demonstrates to customers that â€Å"Reshaping communciation†. Mobilink considers the needs of customers first. Coverage: Mobilink has widest network coverage all over Pakistan. One can find the network if they go to northern areas or remote city of Pakistan Mobilink message are communicated through using all channels of media including building an identity for the corporation and brand, advertising campaigns, sponsorships, media relations (newspaper coverage, press releases, press conference before launching etc), point of sale material preparation (brochures, tariffs, flyers etc), website. Message delivered on electronic media through jingle and using celebrity endorsement. First ever add that comes in the electronic media is symbolize with rain season that bring hope and refreshment and new joy. Now a day it bran message come man through ball to boys who are playing Cricket symbolize that Mobilink is customer oriented and helping the customer in even small mattes. MARKETING PROGRAM Media: Mobilink has always tried to deliver truthful and interesting advertising to its viewers. Through these ads they are trying to convey the message that Mobilink is solely meant for the people’s benefit and convenience. They advertise through Channels like Geo Super Geo, hum TV and through News channels, PTV, ARY and, News 1 TV, Dunya News etc. Print media: Mobilink has designed attractive brochures for their customers. These brochures contain all the necessary information about their package deals and tariffs. Hence, making it easier for the people to know about the general prices and services offered. Sponsorship: Mobilink advertise through sponsorship in Golf matches, Mobilink agreement with PCB and Mobilink and Citi card launch. Also it got sponsorship with Pizza Hut. BRAND ASSOCIATIONS: These are the desired associations which Mobilink wants to create in the mind of customers. Brand Positioning Mobilink Voice Quality Premium Brand Network Coverage

Calcium Absorption Essay Example for Free

Calcium Absorption Essay In order to determine the content of calcium and magnesium in an unknown sample of limestone, the utilization of atomic absorption spectrophotometry can help in deciphering the unknown concentrations of each molecule in the limestone sample. Atomic absorption spectrophotometry, emits radiation of the correct frequency that is passed through a flame and the intensity of the transmitted radiation is measured?. The calcium concentration or ppm can be measured using the absorbance of the solution and comparing it to a standard curve for calcium?. Whereas magnesium, needs to be determined using the standard addition method. The concentrations of each respective molecule can be presented as CaO and MgO percentages of the unknown limestone sample. Materials and Methods The compound calcium carbonate (CaCO3, CAS: 471-34-1, 204. 89ppm) was utilized to compare its absorbance to the unknown sample of limestone # 8066 on the standard curve. Moreover, magnesium sulfate heptahydrate (MgSO4*7H2O, CAS: 10034-99-8, 40. 8ppm) was also utilized to compare its absorbance against that of the unknown. Lab personnel from the CSU Eastbay department of chemistry stockroom performed all calibrations on the Perkin Elmer AAnalyst 300 atomic absorption spectrometer. All chemicals used in this experiment were obtained from the CSU Eastbay department of chemistry stockroom. A Denver Instrument Co. Sargent-Welch analytical balance was used to determine the mass of the unknown, mass of calcium carbonate, and mass of magnesium sulfate heptahydrate. A Perkin Elmer AAnalyst 300 atomic absorption spectrometer equipped with a Lumina Calcium and Magnesium Lamp was used to determine the absorbance. The instrument used Argon and Acetylene as the carrier gas and oxidant gas, respectively. Calcium Absorption. (2018, Oct 17).

Aviation - Eastern Airlines would need to have their business plan, Essay

Aviation - Eastern Airlines would need to have their business plan, marketing, route network, aircraft fleet or anything else look like what in order to be successful in todays current aviation market - Essay Example In this context, the example of Eastern Airlines can be taken into consideration. Eastern Airlines was one of the major airline companies based in the USA. The company was founded in the 1926 and headquartered at Miami International Airport, Florida. The company ceased its operations in January 18, 1991. The paper is directed to reveal some of critical reasons due to which Eastern Airlines had to be out of the business. For this purpose, the paper throws light of conditions of different crucial operations of airlines such as route structure, fleet, marketing, and business plan when they went out of business. In addition to this, the paper also provides some of the crucial recommendations to the company regarding different areas of business operations, which can allow the company to remain in the competition. There were a number of different reasons behind the demise of Eastern Airlines. Ill-business operations were one of them. There were several shortfalls in the different areas of its operations such as route structure, fleet, marketing, and business plan. From the perspective of route structure of the company, the span of business activities of the company was quite restricted. The international business of the company was not quite developed as it was expanded in Mexico, Caribbean and Canada only. The major hubs of the company were Charlotte/Douglas International Airport, Hartsfield Atlanta International Airport, John F. Kennedy International Airport (New York City), Kansas City International Airport, LaGuardia Airport (New York City), Luis Muà ±oz Marà ­n International Airport (San Juan), and Miami International Airport. In this way, the route structure of the company at time when they had to cease their operations was quite centered in the North American continent. The lack of international flights was major aspects of the business operations of the organization that made the company worthless for international passengers and tourists

Ethical Considerations Case Study Example | Topics and Well Written Essays - 500 words - 44

Ethical Considerations - Case Study Example Bad relations lead to often conflicts among people. In addition, the supervisor should have come up the training program to impart knowledge to all the officers on the diversity management. This will enable all the officers to appreciate globalization and more so, to maximize different knowledge, skills, and abilities from different people. With this knowledge of understanding others, he could have requested people to keep quiet instead of commanding them. By so doing, there could be no violence between the two parties. The supervisor should have given Burn an assistant officer with whom they could work together. This could reduce the possibility of Burn conflicting with the people in the party since the other officer could prevent the conflict. During research on the weakness of the officer, the supervisor should observe privacy. This is the natural right of an individual that is the foundation of legal right. This is very important to all persons because it is the necessary condition of all other freedom and personal autonomy. The administration should understand that there is the relationship between privacy, freedom and human dignity. The supervisor shouldn’t have deployed Burn to a smaller area. This is viewed as discrimination. This brings a lot of dissatisfaction among the officers or any employee leading to increased conflict as a way to release the stress. To reduce this supervisor could conduct regular training to the officers (McCarthy, 2005). The policies that the supervisors shou ld put in place include communication policies, motivational talks, training policies and dismissal policies showing the procedure through which an officer may be dismissed. Through these, officers could behave ethically at all times. In my opinion, the officers, the supervisor and the people partying are all liable for their negligence.

International Human Resource Management Essay Example | Topics and Well Written Essays - 1750 words - 1

International Human Resource Management - Essay Example It has about 337 stores in 41 territories including in the UK and overseas and employs over 78,000 people worldwide (M&S, 2012). The company which was established as a partnership firm by Michael Marks and Thomas Spencer, in the year 1894, went on to become a public company by 1926 and ventured into international markets during early 1970s. The company first set shop in France during 1975 with the opening of its stores in Paris. However, although the venture proved to be significantly profitable in France, the rest of the company's operations in the rest of Western Europe failed to garner profitable returns. This fuelled the closure of its stores in France in March 2001, amidst wide scale protests against the corporate decision (BBC, 2001a). 2. Introduction The unprecedented success garnered by retail chains across the world in terms of profitability, particularly posts the globalization phenomenon has been very well documented in academic literature and scholarly researches alike. A lthough there is a certain degree of validity and authenticity to the hypothesis, that internalization of retail stores is bound to result in immense popularity and profitability; the recent cases of closures of huge multinational giants, such as the withdrawal of the clothing chain C&A from the UK markets in the year 2000 (BBC, 2000b); the closure of UK based retail giants Tesco and Boots and the France based Carrefour from the Japanese markets, as recent as 2011 (The Guardian, 2011), indicates otherwise. This study on the closure of Marks & Spencer stores in France, aims to highlight the various core issues related to the operations, functioning and performance of international retail stores overseas, and assess the manner in which M&S approached the closure of its stores in the country. 2.1. Organizational context of IHRM The business of retailing entails operating of firms in a global context and at the same time adjusting and adapting to the local needs. Over the years, various global retailers have invested in international ventures with varying degrees of outcomes in terms of profitability and success. As more and more companies join the quest of aggressively pursuing international expansion as a part of their core strategies, it is all the more vital for them to take into consideration various factors which may play a key role in shaping their success in the process (Kraft and Mantrala, 2010). This in turn requires IHRM to be organized and efficient in its functioning. The organizational structure is dependent on the HR strategies developed by the management which is often embedded as the company's corporate strategy and can be based on its international division structure (i.e. production, marketing, finance, personnel etc., see Figure 1 Appendix 1); or the Functional structure (See figure 2 Appendix 2); or the geographic location structure (see Figure 3, Appendix 1) or the product structure (See Figure 4, Appendix 1) (Aswathappa and Dash, 2007). 2.2. Cross border alliances: The new wave of globalization has brought along with a trend of accelerated investment in cross border alliances in varied forms ranging from conventional approaches such as international exports and foreign direct investments (FDI) to relatively more contemporary methods such as cross border acquisitions, mergers, and franchisee agreements (OECD, 2001; Markusen, 2002; Neary, 2004). The choice of entry strategy into foreign markets depends

Business Environments Essay Example | Topics and Well Written Essays - 3500 words

Business Environments - Essay Example Hanafizadeh, Kazazi and Azam (2011) assert that in scenario planning, various scenarios are considered in the decisions of company management which involves making long term plans for the organization. Managers consider laying plans which are flexible enough to enable the company to adapt to the changes in the legal, economic, political, social cultural and environmental scenarios within a market. The role of scenario planning is to remove the uncertainties which face the business processes as explained by Mason (2003). In this regard, it is explained that scenario planning enables managers to make flexible long term plans which enable an organization to make use of the business opportunities in the business market while reducing the risks associated with the various uncertainties of conducting business in a competitive environment. This paper gives a critical analysis of the various scenarios which managers of an organization consider in scenario planning with an aim of illustrating how this planning enables organizations to survive the competitive global business environment. According to Mason (2003), scenario planning begins with the decision of company management on the most suitable and most appropriate drivers which enable the organization to make the most effective changes for the survival of the uncertain business environment. ... As such organizations must decide on necessary changes within the organization which will enable it to meet the demands of the culturally diverse work force. Mason (2003) points out that the human resource are the drivers of change within an organization, as a result, the management must make decisions which will ensure that the strategic plans meet the needs of the organization. Such planning must be within the social and cultural scenario of the business environment. This is to ensure that the social needs of the employees are met by the organization. These needs include a suitable working environment and a communication and relationship enhancing working conditions. Schoemaker (1995) exemplifies that strategic decisions and planning of adoption and implementation of technological techniques which will enhance the communication process of the work environment. This means that the employees or subordinates will be allowed to have an enhanced communication and relationships among the mselves and the management. This is a process of a social cultural scenario planning through a planning process which ensures that suitable decisions are made to enable the employee needs to be met in the most suitable manner. Hanafizadeh, Kazazi and Azam (2011) explain that the importance which is made on the employees as the drivers of change is attributed to the fact that the workforce of any organization comprises of the most important stakeholder of business success. This is demonstrated by the fact that it is the employees who enable organizations to achieve innovation, creativity and increased production and thus competitiveness in the business environment. Tenaglia and Noonan (1992) assert that in scenario planning, companies must bring the drivers of change

Word Handycap Essay Example | Topics and Well Written Essays - 1000 words

Word Handycap - Essay Example Everyone is physically challenged - some to a small extend, some others to a larger extend. When a person is unable to do the normal duties and routines with respect to his age, sex etc he is considered to be in the awkward condition of 'handicapped". That is, he has limitation in performing an activity or function. In other words, there is mental or physical disability. One kind of disability will result in multiple disablements. Physical dependence and immobility will mean that the person is handicapped. The word is actually refers to a relation or comparison. The so called handicapped person will have no problem in working as a telephone operator. But he may find difficulty if his job involves traveling in public transport. He will experience a handicap in the second case but not in the first. It is not that no handicapped can do normal work. They may not be able to do as fast as the normal person but still they can do useful productive work. For example, they can work on the computer as efficiently or even more than a normal person. They can teach or do running commentary much better than a common person. Handicap means restriction of activity. It amounts to limitation in participation. As already said the word handicap is not an absolute concept, but a related one. It is linked to the current condition of the individual, that is to say, the reality in which he is placed. Initially the Initially the word was meant only for crippled children. Later it included adults and mentally retarded as well. The word has nothing to do with 'cap in hand'. In the past it referred to beggars. There was a time when the handicapped were looked down with hate and disgust. The current society consider the common person as able, whereas the disabled as one with shortcomings. 'Handicapped' is seen as negative offence. The term 'disabled' seemed to be better and more neutral than negative. The people with mental and physical disabilities prefer the term 'disabled' than being characterized as handicapped. Handicapped is mild in comparison with disabled which is somewhat a blunt term. There are misconceptions that disabled and handicapped are one and the same. Strictly speaking, they are not. Disability is the functional limitation due to illness or injury. The handicapped are not suitable for activities involving mobility or sports and game, but there are trades where they can even out beat the normal persons. However, those having problem in seeing, hearing and talking would do well to avoid the type of duties where these actions are important. It is heartening to note disability has been replaced by activity and handicap by participation. This is indeed a positive transformation in the outlook of the society. It must be understood that the gifts gained from Justice are far valuable than those received from Charity. Do not allow the people to pity the handicapped. Instead they must build up awareness, confidence and ability in them. They should be able to develop self control and independent living in them. In other words they must be brought on par with others of the society. That should be their objective. The word originated from a lottery game of 1600s.The players would put money in a cap, the ownership of which would be based on the result of the game. Gradually the game was called 'hand-in-cap' and finally it reduced to 'handicap.' As time passed, the word found place in the

Diagnosing Organization Essay Example | Topics and Well Written Essays - 1500 words

Diagnosing Organization - Essay Example A recent study with regards to organizational performance links effectiveness with that of organizational performance. The study also states that every organization is based on a specific function which is derived from its organizational goals. The authors define effectiveness in this context as â€Å"the level to which an organization achieves its goals† (Lusthaus, Inter-American Development Bank & International Development Research Center, 2002, p.109). The degree to which an organization shows its effectiveness in meeting its goals depends on the employees of an organization to a very large extent. The employees of an organization are considered to be its greatest assets. The ability of the organization to meet its organizational goals depends on the ability of the employees to provide efficient results to the organization. The effectiveness of the employees depends on the motivation level of the organization. A motivated employee is known to act more efficiently which is essential for organizations to achieve their goals. Every organization operates in a suitable environment. The environment in which an organization operates has direct consequences on its efficiency in meeting its business goals. A few aspects of organizational environment are as follows- Competitive environment of an organization was analyzed by Michael Porter who opined that an organization is affected by five factors with regards to competitions in the business markets. These five factors are stated below- The extent of influence of these five forces defines the competitive framework of any organization. Organizations thriving for excellence must ensure that a fair balance of the above stated five forces is maintained. This helps in achieving sustainable competitive advantage for the organization (Ahlstrom, Bruton, 2009 p.132). Organizational efficiency and performance depends on the manner with which an organization takes care of the above stated factors. Effective handling

Reproductive Technology Essay Example for Free

Reproductive Technology Essay Many people dream of having a house, kids and possible a dog, but sometimes that not something they can achieve on their own. Infertile has become a major issue for women that want kids and is increasing for many males. We also have people from the gay and lesbian community that don’t want to adopt but he children of their own. A growing number of unwed single people want kids with having the relationship or marriage stuff that comes with it. Louis Brown was the first successful test tube baby in 1978, which gave many couples hope of their own. Before this occurred many only had the option of adoption however there is now reproductive technology to help with baby making process. My paper will discuss the pros and cons of reproductive technology. With joys of reproductive technology comes many concerns and issue that have been not deemed moral. How will the child be affected by this? Can the couple or person held all of the procedures and things that need to happen? How much will this cost and is it effect? California has already passed a bill that somewhat takes a little control over the situation. The health department has to give detailed document that explains ART and all the drugs, hormones and high chances of having multiple embryos. The physician is also responsible for telling the couple or people that if they don’t follow the rules set for ART it will be consider a criminal violation. All parties involved need to get an explanation of all the risks involved in any process. There are even considering having a lifetime limit of how many eggs and women can sell and collect monetary values for not exceeding $5000. 00. When it comes to ART California has become proactive with situation and others states or countries should follow their leads. Some feel there should also be screening for women age, race, political affiliation, and sexuality. There are many concerns but so little research on the overall affects it poses.

Human Resource Management At Walt Disney World Resort Tourism Essay

Human Resource Management At Walt Disney World Resort Tourism Essay Theres probably no place on earth as magical as the Walt Disney World Resort in Florida. The theme park continues to thrill, delight and exceed its guests expectations nearly 40 years after its opening. The secret to Disneys success is its well-trained, enthusiastic and motivated work force. Its a secret that the founder, Walt Disney himself realized years ago. You can dream, create, design and build the most wonderful place in the world but it requires people to make the dream a reality, he said. A Brief History The Walt Disney World Resort, is the worlds largest and most visited recreational resort, covering 30,080-acres near Orlando, Florida, USA. The resort was founded with the opening of the Magic Kingdom theme park in 1971. It consists of four theme parks, two water parks, 23 resort hotels, lodges and time-share properties, sports facilities complex, and other recreational venues and entertainment. Epcot park was added in 1982, Disneys Hollywood Studios in 1989 and Disneys Animal Kingdom in 1998. This world famous resort was inspired by the dreams of Walt Disney and his creation of Disneyland in California. The resort is the largest single-site employer in the United States, employing 42,000 people, with over 3,000 different job classifications. More than 1000 people work in the security department alone. Hiring Disney is renowned for being a fun and friendly place at which to work. Its ability to offer attractive incentives make it a desirable place to work and it is constantly evaluating the market to ensure their wages remain competitive. All Disney employees participate in training programs that update them on the latest service techniques, product knowledge, and technology being used in their parks. Disney recruit both internally and externally, advertising vacancies on their website, via the press, job fairs, employment exchanges and colleges. There is a large quantity of college students working in Disney. Employment representatives also travel to Puerto Rico to recruit for positions such as housekeeping, custodial and food and beverage. It s 4 major employment strategies are: Hire the right people Develop people to deliver service quality Provide needed support systems Retain the best people Once potential employees have been identified, interviews follow. The skills and abilities that managers generally look for are: Excellent communication skills Good team player Self motivated Analytical ability Problem solver Leadership potential Strong computer skills Project management skills Relationships-builder Able to manage expectations Personal and professional style Strong business judgment Ability to facilitate and multitask A guest service orientation Disney theme parks promise to provide a superior service in order to create a à ¢Ã¢â€š ¬Ã‚ ¦imaginary world where visitors can escape the themes of the real world. To achieve this, the company has to employ people with the proper skills and personalities, who are also motivated, with a clear knowledge of the companys marketing objectives and strategies. Staff have to be polite, well dressed, energetic, enthusiastic, and people-loving, always serving guests whole-heartedly. All staff are provided with an extensive knowledge of the park facilities, rides, and sites. HRM Practises Disney believes in investing in its staff and provide various training programs and learning opportunities for employees to work their way into higher positions. The company promotes from within 70% of the time. Almost everyone including the managers start out in an entry-level hourly job (Disney almost completely promotes from within). There is a program to help hourly workers who want to become part of management, there is another that lets them transfer to the technical unions like plumbers and electricians as an apprentice. That program involves four years of training leading to a very well-paid job. Disney also give educational reimbursement for those who are continuing their education while working for Disney full-time. Supervisors try to create a family-like atmosphere in Disney by offering flexible schedules and on-site day care programs for working parents. . The company also host numerous special events for its employees that are held in the park after hours. Present day human resources practices at Disney are considered to be extraordinary, with all staff being trained in excellent customer satisfaction policies. However HR practices were very poor in the early years of Disney. The Walt Disney Company originated back in 1923, when Walt and Roy Disney started their first animated recording studio. Early animation production was highly labour-intensive. Rigid division of tasks was further delineated on gender lines. By 1941, the Walt Disney Company employed 1,100 people. Ellwood (1998) describes Walt Disney as a notorious workaholic, a perfectionist who pushed his staff relentlessly. Both paternalistic and domineering he rewarded loyalty and punished dissidents. There were no women or black people promoted to senior positions during this period. The company was the only Hollywood studio without union representation and as such was targeted by the American Federation of Labour. Eventually, animators took industrial action over conditions an d lack of recognition in 1941. By the end of the 1990s, the Walt Disney Company had developed into a $23 billion media conglomerate. Cast Members Employees in Disney are called cast members. Quality cast members are a direct result of quality hiring practices. Bonuses are paid to workers who refer new hires. Disney believes its important to have people who have actually worked in different parts of the company, to do the hiring. So these cast members working in the casting office, come from all different parts of the Disney organization, and work on 12-month assignments. While prospective cast members wait for their initial interviews, they watch a short video that describes the interview process and outlines what the company expects of them, if theyre successful. Once hired, all new cast members go through the same 1 and a half day training program called Traditions. Its here they learn the basics of being good cast members, from Disney history to direction on how to meet and exceed guest expectations. Cast members learn they must adhere to the companys strict 13 page manual of dress codes, known as the Disney Look. The Disney Look is a rigid code of cast member appearance that imposes a well-scrubbed, all-American look. It details the size of earrings allowed, to the size of finger nails, to the no tolerance rule regarding facial hair and dyed hair for both females and males. Disneys grooming standards make sense when you consider employees to be part of a cast of characters so there is no room for non-conformity. Every employee is instructed in the Seven Guidelines to Guest Service which highlights the need to smile and to be cheerful. From the very start, staff are encouraged to implement a have a nice day! mentality, and to smile the Disney smile all day. Casting Employees are routinely assigned jobs according to age and appearance, a process officially known as casting. The most presentable get the most popular front-line jobs and shifts. For example: Young and pretty workers get jobs that involve a lot of interaction with customers; Haitian women generally work in housekeeping; Older women sell in the shops Older men work in security Puerto Recons work in food preparation African Americans work as stewards or cooks, More than a 100 Africans are employed in the Animal Kingdom, to lend authentic flavour. Anyone who might appear less presentable work on the night shift Cast Members receive some excellent benefits including: Health, Dental, Life Insurance Complimentary Theme Park Passports Learning and Development Opportunities Paid holidays, vacations, and sick days Retirement plan. Scholarship Program 30% Discount on park merchandise Employee Stock Purchase Program Access to a Cast Member-only lake and recreation area with tennis, volleyball, and an Olympic-size swimming pool. Educational Reimbursement Educational Matching Gifts Program Service Awards Employee Cast Member Contests Childcare Centres Credit Unions Employee Stores Cast Members usually work 40 hours or more each week, with quality service being the responsibility of every one. Each one measures service quality levels, establish benchmarks and set goals, as there is no person in charge of quality. Instead of one quality director, Disney has 42,000 of them. (Paton S. M. Service Quality, Disney Style, Quality Digest) Disney University Many hours have been devoted to designing successful employee universities which train workers in the Disneyland philosophy. Walt Disney established the Disney University to teach these unique skills. The University provides cast members with free world-class training in diverse skills including computer applications, professional development, management/leaderships development, health safety, interviewing, business, etc. Empowerment Disney is committed to employee empowerment. Employees are empowered to resolve all guest issues on their own, with managers only getting involved in extreme circumstances. Managers use service measurement teams to empower employees. 1 or 2 employees from each department take note of any service issues that might take from a guests stay at the resort. By keeping records of every problem, and how it was dealt with, helps to reduce the chances of it happening again. To keep up-to-date with their guests expectations, Disney also collects huge amounts of data about guests from opinion polls, surveys, focus groups etc. From this information, the company know that the top three things that guests expect are for the parks to be clean, friendly and fun. Every worker, from the CEO to cleaner, know these 3 expectations well, and is empowered to make them happen. All employees know, too, the definition of quality at Disney: Disney defines quality as attention to detail and exceeding guest expectations. Performance Appraisals Management use performance appraisals and performance surveys, to measure internal service quality. The annual performance appraisal is designed to give the employee a broad perspective of his/her accomplishment from the previous year and to identify upcoming challenges. Another strategy employed by managers to deliver service quality, are monthly development action plans. (DAPs) (Zeithaml and Bitner, 2000) Rewards Disney certainly know the true value of retaining productive employees. Annual turnover amongst its employees is only 20%. This low turnover is made possible by treating employees like resort guests, and the extensive employees reward programs, Disney offers. There are in excess of 50 different reward and recognition programs, that are geared towards maintaining high employee morale, the most prestigious award being the Partners in Excellence program. This award involves one employee nominating another employee (who has excellent attendance and no disciplinary action record). The nominated employee then receives a bronze statue of the company founder, Walt Disney, and is invited to a dinner ceremony where he/she is individually recognized for his/her outstanding accomplishments by company executives. Disney also rewards employees through service pins, attendance awards, and Recognition-O-Grams (ROGs). Recipients usually wear service pins on their uniforms, which they receive service pins on their first, fifth, tenth, twentieth and twenty-fifth anniversaries. Attendance awards are also offered to employees after one, three, five, ten and fifteen years of perfect attendance. The awards range from honorary certificates to a $2000 gift certificate. Recession hits  Disney Theme Parks Like many other industries, the entertainment industry has been affected by the world economic downturn. Early this year, Disney reported a 32% drop in net income for its fiscal first quarter of 2010, attributing the results to the recessions effects on its studio, television and parks. The Walt Disney Co. axed 1,900 jobs from its theme parks in California and Florida. Walt Disney World in Orlando eliminated 1,400 jobs. The original Disneyland Resort in Anaheim, California, axed 300 positions. The rest of the jobs were eliminated at the companys corporate headquarters at Burbank. These decisions are not made lightly, but are essential to maintaining our leadership in family tourism and reflect todays economic realities, said Mike Griffin, a Walt Disney World spokesman. Those laid off received a 60-day paid administrative leave, a severance package that is based on their years of service, extended medical benefits, and job placement. According to the Los Angeles Times: Disney is bracing for an extended downturn as people skip theme parks to save money. The recession, and the recent decline, has really hit the theme park industry, but it has hit the destination parks more than the regional parks, People are staying closer to home, the newspaper said. Trade Unions Workers are represented by 34 unions, the biggest being the Service Trade Council Union (STCU), The STCU represents about 22,000 F/T and 5,000 P/T workers at Disney World. The SEIU is part of the STCU, a consortium of six trade unions that is the only group certified to bargain with the Disney company. In the last two years alone, Disneyland Resort has successfully negotiated nine agreements with the union. These agreements included wage increases, sick pay and access to seven affordable and reliable health care plans offered through Disneys Signature benefits package for full-time cast members. Conclusion This essay looked at the human resource practises that have been adopted at Disney in order to maximize the delivery of superior guest services. Reasons for the companys success include emphasis on customer service, and a focus on the elements of efficiency, courtesy, show, and safety. It has shown how employee strategies at Disney lead to the attainment of exceptional service quality. Disney takes a lot of care with its casting department and regularly assess its pay packages and new ways of recruiting. It offers a competitive package of wages and incentives to its staff, such as free park admission and discounts on park merchandise. In the past, Disneys theme parks has been fairly recession-proof. But this year, fewer people found their way to the Magic Kingdom as profits were down from 2008-10. Disney said the company manages its operation based on demand, and like any other business it is subject to the ups and downs of the economy Its important that management stress to workers that employee development and empowerment is an on-going process, as the actions of empowered employees have enabled Disney to develop a lasting relationship with millions of guests worldwide. The human resource department must continually develop successful recruiting strategies and effective reward and recognition programs to maintain high morale and promote teamwork.

Pizza Hut Case :: essays research papers

Pizza Hut Case Question 6: Pizza Hut case: Is either franchisor or franchisee liable for sexual harassment? If so, what type of sexual harassment occurred? Please fully explain your answer. In this case, the franchisee is liable for the hostile work environment sexual harassment type. However, the franchisor should not be held liable unless it can be proven that it has central control over the day-to-day employment decisions of the subsidiary. I will assume that the franchisee is independently owned and the franchisor has no control over its labor relations and no control over it financial. In cases such as this, a critical component in determining liability is which entity made the employment decision of the person making the claim. Factors that are considered in determining the existence of an illegal hostile work environment include: the conduct’s frequency, the conduct’s severity, any physical threat or humiliation (as opposed to merely offensive remarks), and the conduct’s unreasonable interference with the employee’s work performance. Situations that can be considered as hostile work environment sexual harassment is where the employee’s work environment is made intimidating, hostile, or offensive due to unwelcome sexual conduct and that conduct unreasonably interferes with the employee’s work performance. This case states that the waitress was harassed by the two male customers prior to the November 6th event and informed her manager that she did not like waiting on them, but did not explain why. Although she did not volunteer her reason why she did not want to wait on the customers, a responsible manager would have questioned the waitress to find out her reason. A responsible manager would also have assigned someone else to wait on the customers and/or request that the customers leave the premises. The physical nature of the conduct in this case, although limited to one incident, was severe enough to create an illegal hostile work environment. The Equal Employment Opportunity Commission (EEOC) issued regulations that state employers are responsible for the harassing conduct of non-employees and have a responsibility to prevent and take action when they know or should have known about the harassment. In this case, the waitress informed her manager that one of the customers had pulled her hair and requested that the manager find someone else to serve them. The manager denied her request and instructed her wait on them and stated â€Å"You were hired to be a waitress†.

Time management Essay -- essays research papers

Time Management for College Students We all know the sound that is very familiar to us: tick, tick, tick. No, it’s not the sound of our favorite movie coming on; It’s time moving on. College students often find that time is the hardest goal to conquer. Time isn’t really a goal. Finding time to complete all of our task is a goal. As a student there are some basic principals of time management that you can apply. Identify the best time for studying. Everyone has high and low periods of attention and concentration. Are you a morning person or a night person? Use your power times for studying, especially if you have children. Use your down times for cleaning, laundry, and running errands. If you have a job like most of us do, make a slot in your day for studying. Study difficult ...

The Passion of Joan of Arc by Carl Dreyer 1928 :: Essays Papers

The Passion of Joan of Arc by Carl Dreyer 1928 God, how dull. Way too many minutes of attempted silence are the ear plug door prize of this fine art gallery. At least Andrei Rublev has quiet singing and what often seem randomly included sounds. Instead, the viewer is guided by a docent of grasping faces, with their dramatic fingers outstretched, into a little love affair with decency on the screen. The Passion of Joan of Arc (Carl Dreyer 1928) is full of faces hard at work with substitute verbs for â€Å"say†. Jean the face, almost always in the majority of the screen when pictured, proclaims, prophesizes and replies while changing angle (mostly falling flatter in a turn to the left) and how incredibly wide open her eyes are. Monk face after monk face, occasionally with a body, plots (using â€Å"craft†) against and barks at the conniving witch Jean. These man faces are remarkable for their aged hardened brutal ugliness, whereas Jean is hip before its cool in her mastery of an androgynous yet medieval look. She’s the only man here worth your time. But where is her body! She bleeds, cries, burns, and even drools on her own hand after her hair is cut. That is it, her body is present in its pouring out. Once the man monk face spits on Jean, if we read the film with shots and reverse shots stitched together for theatrical effect, albeit obnoxiously from perspectives onstage. But it is still her face, her characterization, that is instilled with the touch of saliva. Her motor fluids run backwards, she gives out and off. No person takes in anything but words and wounds. Pool of water, the lone mirror shot, takes in man who says â€Å"long live Jeanne!†. But it is alone. Alone with God. For arm is cut. Silhouette is burned. Imagined self (and imagination at the same time) tortured with the spinning reel of a spiked pain machine. Peasants and soldiers hit with morning stars, spears, and parts of the body, perhaps. But then all that unfolds after Jean is unclear. O nce her life hangs clearly in the balance, the old rules no longer apply. The camera has found a new perch. Bat-like, suspended by the gate, swinging upside down.

Comparing Willy Loman from Death of a Salesman and Joe Keller from All My Sons

|HUM 102 – 020 | |Considering Willy and Joe | |Research Paper | | | |Kofi Boadi | |March 25, 2010 | Willy Loman from Death of A Salesman and Joe Keller from All My Sons, have similarities in their courses of action which prove detrimental to | |their families and ultimately leads to their suicidal ends. | A person’s ambition causes him to work and continue moving forward with expectations of reaching an ideal end. His ideological idiosyncrasy, however, determines the manner of choices he will make to reach his expected end. These conditions are not different in the case of Willy Loman and Joe Keller. They are men who begin with a drive for success which originates from their expectations of reaching some ideal goals. They make choices based on their ideologies, and hold fast to them throughout their journeys. Nevertheless their courses of action adversely contribute to their reputation and eventually result in suicide. Though they make very sacrificial investments toward their objectives, they remain unachieved. To understand their desires, it is necessary to consider the goals for which these men strive. â€Å"If an effect is intended or desired, or a goal is established and pursued, this suggests that it is  valued. Evaluative standards are derived from goals which, in turn, are based on values. Trisel)† Willy Loman fancies himself as a salesman who works till he’s old, and then stays at home, where he works by means of a telephone. Willy’s ambition is stimulated by an eighty-four year old man whose life he had experienced; he aims at that old man’s life and expects a similar turn out for himself. Willy is also exceedingly enthusiastic about his sons, especially Bi ff, who in his high school years seemed to be very full of potential. He expected only great things for Biff and probably expected to achieve greatness through him. Joe Keller also loves his sons and wants to leave them a heritage. He’s solely determined to work hard and establish a thriving business for his sons to carry on after he’s dead; something significant for which his sons may appreciate him. Similarly these men have goals that are centered on their sons. This shows how valuable their sons are to them. Work Cited Trisel, Brooke Alan. â€Å"Futility and the Meaning of Life Debate. † Sorites 14. 2002: 70-84. SORITES and Brooke Alan Trisel. Web. 10 Mar. 2010.

English Literature

Causing the Rising in altitude though Create their While slicing lives for Thus only stumps appear Give birth to yourself; don't wait for a mid-wife I know that everybody dies; we know that not everybody lives Can't be done thinking thanks; still holding to the green leaves I haven't made it yet; still have hopes to make it in future Nobody knows tomorrow; the things to happen, we only hope to picture What they take for granted today seemed Impossible yesterday, to structure I want to be used for a greater purpose; far way bigger than myself Life Is good; I want It to be deter for l, Me and Myself.I wrote a letter to time, asking him for more time The things I hope to accomplish in future is enormous; I need more than time Checks and balances; everything being equal, my life is balanced Heard equality is unattainable; many still feed on diets that are not balanced Could it be that life is not fair to some people? Is it then dark?So far there is life, there is hope; this is beyond the slate minds that are blank Imitation is limitation I heard; Am so busy trying to make my own impression My impressions will be baseless If I don't conquer the limits f my limitation Thank God for the gift of life; be happy and free to live your God- giving life Life Is good; Yes! It will be better for all have life and still strife.The future Is so competitive; I have the best In anticipation To the best of memory; All in the past has been solidification of the foundation I pray, the temple of my life your life; let no pirate sail above You are in charge, take control of your ship and sail against the tides of the sea With a focused third eye; all that you seek to look, you will surely see These walls don't keep a secret; Am obsessed with life, want to keep living . English Literature Causing the Rising in altitude though Create their While slicing lives for Thus only stumps appear Give birth to yourself; don't wait for a mid-wife I know that everybody dies; we know that not everybody lives Can't be done thinking thanks; still holding to the green leaves I haven't made it yet; still have hopes to make it in future Nobody knows tomorrow; the things to happen, we only hope to picture What they take for granted today seemed Impossible yesterday, to structure I want to be used for a greater purpose; far way bigger than myself Life Is good; I want It to be deter for l, Me and Myself.I wrote a letter to time, asking him for more time The things I hope to accomplish in future is enormous; I need more than time Checks and balances; everything being equal, my life is balanced Heard equality is unattainable; many still feed on diets that are not balanced Could it be that life is not fair to some people? Is it then dark?So far there is life, there is hope; this is beyond the slate minds that are blank Imitation is limitation I heard; Am so busy trying to make my own impression My impressions will be baseless If I don't conquer the limits f my limitation Thank God for the gift of life; be happy and free to live your God- giving life Life Is good; Yes! It will be better for all have life and still strife.The future Is so competitive; I have the best In anticipation To the best of memory; All in the past has been solidification of the foundation I pray, the temple of my life your life; let no pirate sail above You are in charge, take control of your ship and sail against the tides of the sea With a focused third eye; all that you seek to look, you will surely see These walls don't keep a secret; Am obsessed with life, want to keep living .

12 Angry Men Sociological Analysis

â€Å"12 Angry Men† focuses on a jury’s deliberations in a capital murder case. A 12-man jury is sent to begin deliberations in the first-degree murder trial of an 18-year-old Latino accused in the stabbing death of his father, where a guilty verdict means automatic death sentence.The case appears to be open-and-shut: The defendant has a weak alibi; a knife he claimed to have lost is found at the murder scene; and several witnesses either heard screaming, saw the killing or the boy fleeing the scene. Eleven of the jurors immediately vote guilty; only Juror No.8 (Mr. Davis) casts a not guilty vote.At first Mr. Davis’ bases his vote more so for the sake of discussion after all, the jurors must believe beyond a reasonable doubt that the defendant is guilty. As the deliberations unfold, the story quickly becomes a study of the jurors’ complex personalities (ranging from wise, bright and empathetic to arrogant, prejudiced and merciless), preconceptions, backgro unds and interactions.That provides the backdrop to Mr. Davis’ attempts in convincing the other jurors that a â€Å"not guilty† verdict might be appropriate. A huge feel of the film is gotten through the time period it took place in.People’s views on race were made very publicly within the jury. Many of them seemed to have personal vendettas against different races. They deemed the boy’s Hispanic race to be slum and nothing more than that. A universal problem that is shown in several ways throughout the film is personal prejudice getting in the way of judgment.Juror number ten’s reason for saying the accused boy was guilty was because he felt people from slums should not be trusted and that they kill one and another for fun. His prejudice lead him to discriminate against the boy initially by voting guilty earlier in the film, before being convinced in voting not guilty.This was during the civil rights era and all of that. We all know blacks werenâ €™t treated equally and this makes it apparent that it wasn’t easy for any minority within the US. They’d rather lock them up and throw away the key than give them a fair trial. Tensions run high the second the jury went into the private room to deliberate.It was a very hot day outside and the fan wasn’t working nor would the windows open. No man wanted to  spend more time than what they thought would be efficient to determine the verdict. Some even spoke about their plans for right after, thinking it would be a sure bet they’d be out of there soon with the whole night ahead of them.They were wrong. From then on the film turned into an example straight out of a sociology textbook. Everyone didn’t deviate from the norm of the group†¦ All except one, Juror #8. The rest of the jury was outraged and deemed him a radical. They could not believe two things.One, that he voted not guilty, and second, that he went against the group norm. He tried not one bit to conform. Rather, he stood up in grand fashion and presented his doubts to his fellow jurors. Slowly but surely his grand scheme was working. He did not know for sure whether he was guilty or not guilty, but he had a reasonable doubt and that’s all about what the justice system stands for.It’s so interesting when you bring a group of 12 random people into a setting like a jury and see what you come up with. All of these men, from different walks of life , they all brought something special to the table that was vital to their key decision. The sociological theory that tone of this film could easily fall under is the conflict perspective.At the very beginning, viewers can clearly see the tension is between the jurors whom most have a personal prejudice against the boy for certain reason. Some jurors simply expected that a boy from the slums would commit an act like that they were stereotyping that all people who come from slums are criminals.Even if a per son is not personally prejudiced against and individual or group, stereotypes can have them make discriminatory actions such as vote guilty. The reason most of the jurors stereotyped the actions of the accused boys is because of socialization.The way of transmission was most likely through media; crimes shown by television new or new papers are frequently from neighborhood of low economics standing. Deviance a topic I touched on earlier, is another sociological aspect that can be examined in this film. Deviance is a very relative term where depending on the group and situation, it varies.Juror 8 was the only that felt from the beginning the boy was not guilty. When the first vote most of the other jurors by the fact he could think the boy was innocent and even were upset at him for thinking that. As the film progressed the jurors began changing their votes, eventually the roles were reversed; juror number 3 appear to be the one committing the deviant act since it is revealed his own reason for voting  guilty is because of issues with his own son.One of the most important things I learned in observing the sociological aspects of this film is how easy norms can change. The norms of eleven out of the twelve men voted guilty, changed entirely to guilty as the film came to a chose.

Contract Case Study Essay

1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? Yes the contract modification is binding because both parties agreed to the modification before the widgets were delivered. When Adams requested the new shipping method and International agreed to the new terms. In problem 1, what effect, if any, would the following letter have? International Widget: In accordance with our agreement of this date you will deliver the one thousand previously ordered widgets within thirty days. Thank you for your cooperation in this matter. (signed) Adams The letter wouldn’t have any affect at all because the contract has already been modified by both parties and had been accepted. It would just be useful if for some reason one of the parties didn’t fulfill their part of the new contract. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form, which accepts the order and contains the following provision: ‘‘All disputes will be resolved by the State courts of New York.’’ A dispute arises concerning the workmanship of the parts, and Browne & Assoc. wishes the case to be arbitrated in San Fran- cisco. What result The case would be arbitrated in San Fransico because the New York company agreed to their term of â€Å"Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco† and they didn’t agree to modify the contract to change that. 2. Smith, having contracted to sell to Beyer thirty tons of described fertilizer, shipped to Beyer by carrier thirty tons of fertilizer, which he stated conformed to the contract. Nothing was stated in the contract as to time of payment, but Smith demanded payment as a condition of handing over the fertilizer to Beyer. Beyer refused to pay unless he were given the opportunity to inspect the fertilizer. Who is correct? Explain. Smith is  correct because Beyer contracted him to deliver the thirty tons of fertilizer, and like Smith stated is conformed the contract. Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store. Is Jack correct? In my opinion I don’t think jack is correct because it was not stated in a contract that the sofa was to be delivered to jacks home and even with him knowing the sofa was in the warehouse 10 miles away he still purchased the sofa. 6. On November 4, Kim contracted to sell to Lynn 500 sacks of flour at $4 each to be delivered to Lynn by December 12. On November 27, Kim shipped the flour. By December 5, when the shipment arrived, containing only 450 sacks, the market price of flour had fallen. Lynn refused to accept delivery or to pay. Kim shipped 50 more sacks of flour, which arrived December 10. Lynn refused delivery. Kim resold the 500 sacks of flour for $3 per sack. What are Kim’s rights against Lynn? Kim has no rights against Lynn because the order was never fulfilled on her part because Lynn never accepted the shipment of the remaining 50 sacks of flour on December 10. 1. Stein, a mechanic, and Beal, a life insurance agent, entered into a written contract for the sale of Stein’s tractor to Beal for $6,800 cash. It was agreed that Stein would tune the motor on the tractor. Stein fulfilled this obligation and on the night of July 1 telephoned Beal that the tractor was ready to be picked up upon Beal’s making payment. Beal responded, ‘‘I’ll be there in the morning with the money.’’ On the next morning, however, Beal was approached by an insurance prospect and decided to get the tractor at a later date. On the night of July 2, the tractor was destroyed by fire of unknown origin. Neither Stein nor Beal had any fire insurance. Who must bear the loss? Stein will have to bear the loss because even though he fulfilled everything he was suppose to do on the contract Beal never picked up the tractor for him and still had full possession of the tractor on the night of the fire. 7. Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co.  Ã¢â‚¬ËœÃ¢â‚¬ËœBrown’’ turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration. Brown & Co. was unaware of ‘‘Brown’s’’ transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.? No he cannot sue for the gems because the items were sold to them as a third party and they had no affiliation with the person who went by Brown at all. 9. Brilles offered to sell his used automobile to Nevarro for $12,600 cash. Nevarro agreed to buy the car, gave Brilles a check for $12,600, and drove away in the car. The next day Nevarro sold the car for $13,000 to Hough, a bona fide purchaser. The $12,600 check was returned to Brilles by the bank in which he had deposited it because of insufficient funds in Nevarro’s account. Brilles brings an action against Hou gh to recover the automobile. What judgment? Brilles wouldn’t be able to get his car or money from Hough because the title was transferred over to him by Nevarro not brilles. Brilles would only be able to get his money back from Nevarro. 2. The Talent Company, manufacturer of a widely advertised and expensive perfume, sold a quantity of this product to Young, a retail druggist. Dentley and Bird visited Young’s store and Dent- ley, desiring to make a gift to Bird, purchased from Young a bottle of this perfume, asking for it by its trade name. Young wrapped up the bottle and handed it directly to Bird. The perfume contained a foreign chemical that, upon the first use of the perfume by Bird, severely burned her face and caused a permanent facial disfigurement. What are the rights of Bird, if any, against Dentley, Young, and the Talent Company, respectively? Bird has the right to go after both the Talent Company because they are the ones who made the perfume and are reliable for their products and young because they were the ones selling a product that they have not used and redeemed safe for their coustmers. 4. A route salesperson for Ideal Milk Company delivered a one- half-gallon glass jug of milk to Allen†™s home. The next day, when Allen grasped the milk container by its neck to take it out of his refrigerator, it shattered in his hand and caused serious injury. Allen paid Ideal on a monthly basis for the regular delivery of milk. Ideal’s milk bottles each contained the legend ‘‘Property of Ideal— to be returned,’’ and the route salesperson would pick up the empty bottles when he delivered milk. Can Allen recover damages from  Ideal Milk Company? Why? No Allen wouldn’t be able to recover anything from the milk company because there wouldn’t be enough proof that the milk container was faulty, even though it might have been 10. Plaintiff, while dining at defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious injury. Plaintiff brings a cause of action. Should she prevail? Why? Yes she would prevail because the food is not s uppose to have bones in it, and the restaurant is going to have to be liable for their product and pay for the plaintiffs injury’s that she suffered from eating at the restaurant. 1. Mae contracted to sell one thousand bushels of wheat to Lloyd at $5.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold the wheat for $4.60 per bushel, the market price, and later sued Lloyd for the difference of $400. Lloyd claims he was not notified by Mae of the resale and, hence, is not liable. Is Lloyd correct? Why? Yes Lloyd is correct because he inform Mae that he didn’t want the bushels any more, which terminated the contract. Then when Mae didn’t deliver them she accepted that the contract was terminated. 9. Calvin purchased a log home construction kit manufactured by Boone Homes, Inc., from an authorized Boone dealer. The sales contract stated that Boone would repair or replace defective materials and that this was the exclusive remedy available against Boone. The dealer assembled the house, which was defective in several respects. The knotholes in the logs caused the walls and ceiling to leak. A support beam was too small and therefore cracked, causing the floor to crack also. These defects could not be completely cured by repair. Should Calvin prevail in a lawsuit against Boone for breach of warranty to recover damages for the loss in value? Yes Calvin would prevail in court because they stated that they would replace or repair defective material, and the material that Calvin received was defective and it cant be repaired so they have to pay for it to get it replaced or replace it them self’s. 16. Serve best contracted to sell Emessee two hundred thousand pounds of 50 percent lean beef trimmings for $105,000. Upon a substantial fall in the market price, Emessee refused to pay the contract price and informed Servebest that the contract was canceled. Servebest sues Emessee for breach of contract, including (a) damages for the difference between the contract price and the resale price of the trimmings, and (b) incidental damages. Decision? Servebest can only recover damages for no acceptance or repudiation because the buyer breached the contract. 1. Roy Rand executed and delivered the following note to Sue Sims: ‘‘Chicago, Illinois, June 1, 2011; I promise to pay to Sue Sims or bearer, on or before July 1, 2011, the sum of $7,000. This note is given in consideration of Sims’s transferring to the undersigned title to her 2002 Buick automobile. (signed) Roy Rand.’’ Rand and Sims agreed to defer delivery of the car to July 1, 2011. On June 15, Sims sold and delivered the note, without endorsement, to Karl Kaye for $6,200. What rights, if any, has Kaye acquired? Kaye has acquired the entire right of the money remaining on the note that Roy needs to pay for the 2002 Buick because Kaye became the bearer when he purchased the note from Slims. 7. Simon Sharpe executed and delivered to Ben Bates a negotiable promissory note payable to the order of Ben Bates for $500. Bates indorsed the note, ‘‘Pay to Carl Cady upon his satisfactorily repairing the roof of my house, (signed) Ben Bates,’’ and delivered it to Cady as a down payment on the contract price of the roofing job. Cady then indorsed the note and sold it to Timothy Tate for $450. What rights, if any, does Tate acquire in the promissory note? Tate would only acquire the promissory note if Cady fulfills his agreement with bates on repairing the roof, because if he does not finish repairing the roof he was never entitled to the check in the first place. 8. Debbie Dean issued a check to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the check ‘‘Payable to Elizabeth East, (signed) Betty Brown.’’ What rights, if any, does Elizabeth acquire in the check? Elizabeth acquires all rights to the check because Betty indorsed the check to her when she wrote on the check â€Å"‘‘Payable to Elizabeth East, (sign ed) Betty Brown.’’ 4. Adams, who reads with difficulty, arranged to borrow $5,000 from Bell. Bell prepared a note, which Adams read laboriously. As Adams was about to sign it, Bell diverted Adams’s attention and substituted the following paper, which was identical to the note Adams had read except that the amounts were different: On June 1, 2011, I promise to pay Ben Bell or order Twelve Thousand Dollars with interest from date at 8 percent. This note is secured by certificate No. 13 for 100 shares of stock of Brookside Mills, Inc. Adams did not detect the substitution, signed as maker, handed the note and stock certificate to Bell, and received from Bell $5,000. Bell indorsed and sold the paper to Fore, a holder in due course, who paid him $10,000. Fore presented the note at maturity to Adams, who refused to pay. What are Fore’s rights, if any, against Adams? Fores has no right again Adams because the contract he signed was not the one they agreed upon and Bell took advantage of him because Bell knew Adams couldn’t see well and switched the contract to make him pay double of the loan with 8% interest. 9. Donna gives Peter a check for $2,500 in return for a laptop computer. The check is dated December 2. Peter transfers the check for value to Howard on December 14, and Howard deposits it in his bank on December 20. In the meantime, Donna has dis- covered that the computer is not what was promised and has stopped payment on the check. If Peter and Howard disappear, may the bank recover from Donna notwithstanding her defense of failure of consideration? What will be the bank’s cause of action? No the bank may not recover the money because the check has already been cashed in by Howard who has nothing to do with the transaction, if Donna had the check and dint cash it then th e bank would be able to stop the check and cancel it. 3. A negotiable promissory note executed and delivered by B to C passed in due course and was indorsed in blank by C, D, E, and F. G, the present holder, strikes out D’s indorsement. What is the liability of D on her indorsement? D would have no liability on the endorsement on the check given by A because his name was taken off the check, which made him not liable for the endorsement anymore. 6. Alpha orally appointed Omega as his agent to find and purchase for him a 1930 Dodge automobile in good condition, and Omega located such a car. Its owner, Roe, agreed to sell and deliver the car on January 10, 2011, for $9,000. To evidence the purchase price, Omega  mailed to Roe the following instrument: December 1, 2010 $9,000.00†¨We promise to pay to the order of bearer Nine Thousand Dollars with interest from date of this instrument on or before January 10, 2011. This note is given in consideration of John Roe’s transferring title to and possession of his 1930 Dodge a utomobile. (Signed) Omega, agent Smith stole the note from Roe’s mailbox, indorsed Roe’s name on the note, and promptly discounted it with Sunset Bank for $8,700. Not having received the note, Roe sold the car to a third party. On January 10, the bank, having discovered all the facts, demanded payment of the note from Alpha and Omega. Both refused payment. (a) What are Sunset Bank’s rights with regard to Alpha and Omega? (b) What are Sunset Bank’s rights with regard to Roe and Smith? Sunset bank would have no rights against omega; the bank could only reaccredit the money stolen from the stolen check and attempt to get the money back from Smith if they can find him. 10. R&A Concrete Contractors, Inc., executed a promissory note that identifies both R&A Concrete and Grover Roberts as its makers. On the reverse side of the note, the following appears: ‘‘X John Ament Sec. & Treas.’’ National Bank of Georgia, the payee, now sues both R&A Concrete and Ament on the note. What rights does National Bank have against R&A and Ament? National Bank has no right against R & A because they are not liable for the payments of the note; they also received full rights to the promissory note when they handed it over to National Bank. 9. Jason, who has extremely poor vision, went to an automated teller machine (ATM) to withdraw $200 on February 1. Joshua saw that Jason was having great difficulty reading the computer screen and offered to help. Joshua obtained Jason’s personal identification number and secretly exchanged one of his old credit cards for Jason’s ATM card. Between February 1 and February 15, Joshua withdrew $1,600 from Jason’s account. On February 15, Jason discovered that his ATM card was missing and immediately notified his bank. The bank closed Jason’s ATM account on February 16, by which time Joshua had withdrawn another $150. What is Jason’s liability, if any, for the unauthorized use of his account? †¨ Jason would have full liability on the unauthorized use of his account, and would be reaccredited from the bank on both the charges made by Joshua on February 15 of 1$1,600 and the second ATM  withdrawal made on February 16 of $150. 10. On July 21, Boehmer, a customer of Birmingham Trust, secured a loan from that bank for the principal sum of $5,500 to purchase a boat allegedly being built for him by A.C. Manufacturing Company, Inc. After Boehmer signed a promissory note, Birmingham Trust issued a cashier’s check to Boehmer and A.C. Manufacturing Company as payees. The check was given to Boehmer, who then forged A.C. Manufacturing Company’s indorsement and deposited the check in his own account at Central Bank. Central Bank credited Boehmer’s account and then placed the legend ‘‘P.I.G.,’’ meaning ‘‘Prior Indorsements Guaranteed,’’ on the check. The check was presented to and paid by Birmingham Trust on July 22. When the loan became delinquent in March of the following year, Birmingham Trust contacted A.C. Manufacturing Company to learn the location of the boat. They were informed that it had never been purchased, and they soon after learned tha t Boehmer had died on January 24 of that year. Can Birmingham Trust obtain reimbursement from Central Bank under Central’s warranty of prior indorsements? Explain. Birmingham trust wouldn’t be able to obtain reimbursement for the indorsement from A.C because the check was forged with their name, the bank could how ever reimburse them if it meets their requirements. 11. Lile, an insurance broker who handled all insurance for Tempo Co., purchased a fire policy from Insurance Company insuring Tempo Co.’s factory against fire in the amount of $1.5 million. Before the policy was delivered to Tempo and while it was still in Lile’s hands, Tempo advised Lile to cancel the policy. Prior to cancellation, however, Tempo suffered a loss. Tempo now makes a claim against Insurance Company on the policy. The premium had been billed to Lile but was unpaid at the time of loss. In an action by Tempo Co. against Insurance Company, what judgment? The Insurance Company would win because they are not responsible for the loss that Tempo suffered since they canceled the Insurance and did not were not paying for the liability insurance. 1. In January, Roger Burke loaned his favorite nephew, Jimmy White, his valuable Picasso painting. Knowing that Jimmy would celebrate his twenty-first birthday on May 15, Burke sent a letter to Jimmy on April 14 stating: à ¢â‚¬ ¨Dear Jimmy,†¨Tomorrow I leave on my annual trip to Europe, and †¨I want to make you a fitting birthday gift, which I do by  sending you my enclosed promissory note. Also I want you to keep the Picasso that I loaned you last January, and you may now consider it yours. Happy birthday! †¨Affectionately, /s/ Uncle Roger †¨The negotiable promissory note for $5,000 sent with the letter was signed by Roger Burke, payable to Jimmy White or bearer, and dated May 15. On May 21, Burke was killed in an automobile accident while motoring in France. †¨First Bank was appointed administrator of Burke’s estate. Jimmy presented the note to the administrator and demanded payment, which was refused. Jimmy brought an action against First Bank as administrator, seeking recovery on the note. The administrator in turn brought an action against Jimmy, seeking the return of the Picasso. †¨(a) What decision in the action on the note? †¨(b) What decision in the action to recover the painting? Jimmy would prevail in court because he was entitled both the painting and the money, when his uncle sent him the letter before he passed away stating that the Picasso & $5000 was a gift for his twenty-first birthday. 1. Kirkland conveyed a farm to Adland to have and to hold for and during his life and upon his death to Rubin. Some years thereafter, oil was discovered in the vicinity. Adland thereupon made an oil and gas lease, and the oil company set up its machinery to commence drilling operations. Rubin thereupon filed suit to enjoin the operations. Assuming an injunction to be the proper form of remedy, what decision? Rubin wouldn’t prevail in court because the oil and gas lease was made when Adland was the owner of the land and had the right to do what ever he pleased with the land until he passed away and had to pass it on to Rubin. 2. Smith owned Blackacre in fee simple absolute. In section 3 of a properly executed will, Smith devised Blackacre as follows: ‘‘I devise my farm Blackacre to my son Darwin so long as it is used as a farm.’’ Sections 5 and 6 of the will made gifts to persons other than Darwin. The last and residuary clause of Smith’s will provided: ‘‘All the residue of my real and personal property not disposed of heretofore in this will, I devise and bequeath to Stanford University.’’ Smith died in 2011, survived by her son Darwin. Smith’s estate has been administered. Darwin has been offered $100,000 for Black acre if he can convey title to it in fee simple. No, Darwin wouldn’t be able to receive the land Black acre from the will because his intention was to sell the land for $100,000 and  not use the land for farming. Which was a requirement under the will that Smith left and if he did not meet those requirements the land would be entitled to someone else stated in section 5 and 6. 7. In her will, Teresa granted a life estate to Amos in certain real estate, with remainder to Brenda and Clive in joint tenancy. All the residue of Teresa’s estate was left to Hillman College. While going to Teresa’s funeral, the car in which Amos, Brenda, and Clive were driving was wrecked. Brenda was killed instantly, Clive died a few minutes later, and Amos died on his way to the hospital. Who is entitled to the real estate in question? Amos, Brenda, and Clive, heirs would be entitled to their portions of the estate that they are receiving from the will in Teresa will, and the rest of Teresa’s will would be given to Hillmans College as stated in the will. 3. Robert and Stanley held legal title of record to adjacent tracts of land, each consisting of a number of five acres. Stanley fenced his five acres in 1986, placing his east fence fifteen feet onto Robert’s property. Thereafter, he was in possession of this fifteen-foot strip of land and kept it fenced and cultivated continuously until he sold his tract of land to Nathan on March 1, 1991. Nathan took possession under deed from Stanley, and continued possession and cultivation of the fifteen-foot strip that was on Robert’s land until May 27, 2011, when Robert, having on several occasions strenuously objected to Nathan’s possession, brought suit against Nathan for trespass. Explain whether Nathan has gained title by adverse possession. Nathan would not prevail in court because the land is owned by Robert and the contract that he had with Stanley was established for them in 1989 and not to Nathan who took over the land on March 1, 1991. 5. On January 1, 2011, Davis and Hershey owned Black acre as tenants in common. On July 1, 2011, Davis made a written contract to sell Black acre to Gregg for $25,000. Pursuant to this contract, Griggs paid Davis $25,000 on August 1, 2011, and Davis executed and delivered to Gregg a warranty deed to Black acre. On February 1, 2012, Hershey quitclaimed his interest in Black acre to Davis. Gregg brings an action against Davis for breach of warranty of title. What judgment? Davis would prevail because he sold him the entire land and not just his portion of Black acre even though he was not entitled to the land  in full. Since Hershey owned a portion of the land the contract needed Hershey’s signature for it to be valid. 8.The city of Boston sought to condemn land in fee simple for use in constructing an entrance to an underground terminal for a subway. The owners of the land contend that no more than surface and subsurface easements are necessary for the terminal entrance and seek to retain air rights above thirty-six feet. The city argues that any building utilizing this airspace would require structural supports that would interfere with the city’s plan for the terminal. The city concedes that the properties around the condemned property could be assembled and structures could be designed to span over the condemned property, in which case the air rights would be quite valuable. Can the city condemn the property? No the city can not condemn this property because they only have the right to the land below the surface if they want to build the entrance 36 feet in the air they would need to get the air rights from the owner. 3. Collins was trustee for Indolent under the will of Indolent’s father. Indolent, a middle-age doctor, gave little concern to the management of the trust fund, contenting himself with receiving the income paid him by the trustee. Among the assets of the trust were one thousand shares of ABC Corporation and one thousand shares of XYZ Corporation. About two years before the termination of the trust, Collins, at a fair price and after full explanation to Indo- lent, purchased from the trust the ABC stock. At the same time but without saying anything to Indolent, he purchased the XYZ stock at a price in excess of its then market value. At the termination of the trust, both stocks had advanced in market value well beyond the prices paid by Collins, and Indolent demanded that Collins either account for this advance in the value of both stocks or replace the stocks. What are Indolent’s rights? Indolent would only have rights to the XYZ stock because he purchased those stocks with out the any ones permission. In the case of the ABC stock he would not receive anything back because he sold the stock at a fair price to Collins. Upon George Welch’s death, he was survived by his second wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in  very poor health and he relied on Dorothy to care for him. During the eight months George and Dorothy were married, George became isolated from his family and his health deteriorated. Prior to his death, George transferred the bulk of his assets to Dorothy. Dorothy assisted in the transfer of George’s assets and often completed checks and other papers for George’s signature. George also made a new will that named Dorothy as his sole beneficiary. Patricia was the sole beneficiary of his prior will. Through the transfers of assets and the new will, Dorothy received $570,000. Does Patricia have any legal recourse? Explain. No Patricia does not have any legal rights because everything transferred to Dorothy’s name was done with the consent of George, and everything i n the will was left to Patricia according to Georges new will.