Statues and Common Law in Reference to Decided Case Order Instructions: The requirement of a writing, including reference to the decided case, statues and the common law you can use bullet points to discuss the points.
Statues and Common Law in Reference to Decided Case
Statues and Common Law in Reference to Decided Case Sample Answer
Discuss in detail the requirement of a writing, including reference to the decided case, statues and the
common law
Introduction
There are different writing styles available for citing legal materials. The APA 6th edition legal citations recommend the following writing styles.
Some of the names of laws may not be easily available hence some publications include the legal in text citations only but exclude the other sources of references.
The format of the California Court Decisions is (Cal, Cal, App., Cal APP. 2d. etc)
Examples of such entries are:
People V. Token Grocery’s, 200 Cal. App. 2d 224 (cal. App. 2d 1988)
The California Statutes
Format – Code, Name of the law, The State Abbreviation Code Abbreviation & section
numbers and year if available.
For example, Californian Healthcare Act, Cal. Assemb. B. 11 (2010-2011),
Chapter 600 (cal. State. 2012)
Decided cases : Hardwick v Johnson [1978] 1 WLR 683
Common law citations: 2010 MR 17
Law books References
Beatson, J., A. (2010) Burrows and J. Cartwright Anson’s law of contract, Oxford: Oxford
University Press, [ISBN 9780199282470].
Beale, H.G., W.D. (2007) Bishop and M.P. Furmston Contract – cases and materials,
London: Butterworths, [ISBN 0199287368].
Brownsword, R. (2010) Smith & Thomas: A casebook on contract, London: Sweet &
Maxwell, [ISBN 9781847034175].
Gibson v Manchester City Council (1979)
McKendrick, E. (2012) Contract law: text, cases and materials. (Oxford: Oxford University
Press, [ISBN 9780199699384].
McKendrick, E. (2011) Contract law, London: Palgrave Macmillan.
[ISBN 9780230285699].
Poole, J. (2012) Casebook on contract law, Oxford: Oxford University Press.
Minor Mental Competent in Escape of Contract Liability Order Instructions: circumstances in which a minor mental incompetent or drunk person may escape liability for a contract
Minor Mental Competent in Escape of Contract Liability
Minor Mental Competent in Escape of Contract Liability Sample Answer
Explain the circumstances in which a minor mental in competent or drunk person may escape liability for a contract. Also explain the circumstances in which they or their guardian may be bound or become bound by the contract
Introduction
The parties to a binding promise that’s meant to give rise to legal obligations must have contractual capacity. All persons are regarded by law to have contractual capacity unless the law states that such persons lack contractual capacity. Minors, incompetent persons such as persons of unsound minds and intoxicated persons have limited contractual ability as relates to the case of R Leslie v Sheill [1914] 3 KB 607.
Besides the contracts for necessaries and other binding contracts unless they have been repudiated the rest of contracts that have been signed by minors under common law are void. Section 2 of the Infant Relief Act (1874) in the UK makes all the loan contracts, debts and contracts for the supply of goods that are not necessaries to be absolutely void and cannot be ratified.
Minors may escape liability when they contract for necessaries which are reasonable like for instance food, shelter, medicine and reasonable clothing items as per the Minors Contracts Act (1987) UK.
Luxurious items are not considered as necessaries as in the case of Ryder v Wombell (1868) LR 4 Exch, 32. Mental or drunk persons may escape liability if at the time of contracting they were not in their right minds or they were not lucid Chapple v Cooper (1844) 153 ER 105.
When a minor deviates from the terms of a contract like for instance misusing a rental car or using it for unauthorized purposes hence negligently damages the car then it would be involve the guardian on charges of tortuous liability as in the case of Burnard v Haggis (1863) 143 ER 360 and Jennings v Rundall (1799) 101 ER 1419.
The guardians of minors and persons of unsound minds maybe bound if the contracts are not for the supply of necessaries like food, clothing or other basic needs Nash v Inman (1908) 2 KB 1.
Minor Mental Competent in Escape of Contract Liability References
Assignment 1 Case study: Good Grocers, Inc.
Due Week 6 and worth 150 points
Note: The company mentioned herein is merely a hypothetical organization with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment.
After Good Grocers, Inc. expanded its organic produce section and adopted a “buy local” policy, sales increased. The Virginia-based chain expanded its retail locations from seven to twelve (7 to 12) over the last three (3) years.
As the Assistant Human Resources Manager, your job is to advise store managers about legal and personnel matters. The leadership at Good Grocers, Inc. considers you to be a legally astute manager, who consults with the corporation’s attorney, as necessary. The corporation’s leadership has tasked you with managing two (2) situations have come across your desk. Please respond with support that is backed by the law.
Write a three to four (3-4) page paper which addresses the two (2) situations from two (2) store managers.
Situation 1
Last week, my produce manager reported the following incident:
As I came out from the bakery, I saw a woman lying on the floor of the produce department. Her husband started yelling at me, saying, “She slipped on a banana peel and fell. My wife is the anchorwoman for NEWSNOW, and we are going to sue you!”
She didn’t look hurt, but I called 911 and filed an incident report that contained the facts of the situation. When viewing the area, I did, in fact, see a banana peel on the floor, but it was still yellow and lying on top of a ribbed rubber mat. The woman in question was wearing five-inch high heels. But I wasn’t sure what to say, other than the woman would be hearing from us.
1. Explain whether this situation is best handled by litigation or by a particular form of alternative dispute resolution.
2. Based on how you would handle this situation, either through litigation or a particular form of alternative dispute resolution, outline the key next steps involved in seeking a resolution. Justify your response.
Situation 2
Last week, my bakery manager was short an employee over Mother’s Day weekend when the bakery is always busy. To make up for being shorthanded, the bakery manager called in Ms. Greene, an independent contractor. Generally, Ms. Greene comes in on Monday, Wednesday, and Friday nights between 6 to 9 p.m. just to decorate cakes; she has her own bakery business. We furnish all of her equipment, and we pay her by the cake.
Ms. Greene worked eight (8) hours on Saturday and another eight (8) hours on Sunday over Mother’s Day weekend. We paid her $15.00 per hour. On the following Monday when Ms. Greene came in, she told me that she wanted to receive the same benefits as the other Good Grocers part-time employees, such as paid time off and employee discounts. Ms. Greene asserted that she really is a part-time employee who deserves the usual employee benefits.
3. Determine whether Ms. Greene is an independent contractor or a part-time employee. Provide a rationale for your response.
4. Explain the reasoning supporting whether or not Ms. Greene should receive the same benefits as part-time employees.
Suggested resources for this assignment:
1. Access your Learning Resource Center (LRC) at the top of your iCampus screen. Search by keyword for business articles on arbitration, mediation, or independent contractors. You may also use your LRC to access legal topics and articles through the Lexis Nexis database.
2. At FindLaw, located at http://www.findlaw.com/, you may search by legal topic or enter a keyword(s) into a search box to find relevant information and articles.
3. You may use the following additional resources:
• Use at least two (2) quality academic resources in this assignment, such as a government Website, and include internal citations. Note: Wikipedia and other Websites do not qualify as academic resources.
• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
• Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business.
• Explain basic court procedures, types of courts, and alternative dispute resolution methods.
• Use technology and information resources to research issues in business law.
• Write clearly and concisely about business law using proper writing mechanics.
SAMPLE ANSWER
Introduction
There are several methods in which legal responsibility in tort may arise;
Legal responsibility may be forced as a legal consequence of a person’s deed, or of his omission if he is under a lawful obligation to act. Legal responsibility may also be forced upon one person as a legal consequence of the action or inadvertence of another individual with whom he stands in any distinct association, such as that of a servant and his master (vicarious liability).
In selected cases, legal responsibility is founded upon a mistake, sometimes intention to cause harm, is required but more often laxity or negligence is sufficient. In circumstances of strict liability, however legal responsibility is in capricious degrees independent of the liability.
Most torts necessitate damage or loss resulting to the plaintiff as a consequence of the perpetrator’s demeanor. However, in some circumstances as trespass to land and to persons, the burden of proof of actual damage is not essential.
Intention or negligence or the breach of statutory
Intention
Some wrongdoing requires intention on the part of the wrongdoer. Intention can be inferred from the conduct of the wrongdoer. Whatever a man thinks must be deduced from what he says and does. A person intents a consequence if it is his/her motives to bring it about.
Negligence
‘Negligence’ may signify full advertence to one’s conduct and its consequences. More usually, however, it means inadvertence by the defendant, but the defendant cannot escape liability because he adverted to the risk if the case is one where even inadvertence would saddle him with liability. An illustration of full advertence is the case of Vaughan – v – (Menlove 1937) 3 Bing N.C. 468
(This case was followed in Ward v Jesco Stores, (1976). AllE.R.219, where the Court of Appeal held that an accident which occurred due to spillage of yoghurt on a shop floor, put an evidential burden on the defendant store owner to prove that the accident did not take place through any lapse of care on their part. They were not able to satisfy that burden, and the plaintiff succeeded.)
The appropriate procedure to resolve the conflict.
Considering the circumstances of the case the company is facing I believe the best option for resolving the issue is through negotiation. In my opinion since we actually have no clear evidence of what really transpired in that juncture. It is the woman’s word against our production manager’s word. On solving conflicts the method to apply in resolving, the dispute usually will depend upon the nature of your particular argument and personal needs of the participants. In our case, we have to put consideration on the following issues as that is necessary (Goldberg, Frank & Rogers, 1992).
Firstly, we have to figure it out whether the case should be a Private and confidential or in a public court setting. Secondly, we should consider the Informal settings, which are considerably flexible processes or those that are formal and have specific rules to follow. Thirdly is whether we have Personal control or decision made by a judge or arbitrator. Fourthly is the Time factor. Fifthly, the Cost considerations.
The sixth, is whether we desire to uphold the mutual affiliations, bearing in mind the people involved in the discontent circumstances are our customers. Seventh, is whether the Disagreement ought to be judged on questions or matter of law. In that, be it resolved with business law principles or an alternate way out brought into being by other mechanisms that are fair, yet practical. Lastly, if the decision to be made finally will be binding, and readily enforceable Negotiation is a straight forward way of solving discontentments. It is a two-way communication channel among conflicting individuals in the disagreement bearing an objective of finding a solution (Goldberg, Frank & Rogers, 1992).
Negotiation with the client may be done directly, or we can use the company’s lawyer to handle negotiations directly with the client and her husband on the business’s behalf. Usually, there are no precise procedures to follow, but negotiation is fritful when all persons concerned come to a concesus to stay calm and talk one person at a time. In this circumstance, it is better to negotiate in the board room company or the office (Goldberg, Frank & Rogers, 1992).
The goodness of negotiation is that it permits us to take part directly in decisions that affect us. In successful negotiations, the needs of both parties usually taken into consideration. A favorable negotiated agreement can be used as a contract and is enforceable in the law.
Negotiation is the principal methods of choice for problem-solving and trying to influence an equally satisfactory settlement (Goldberg, Frank & Rogers, 1992). If no pact is reached, litigation may suffice. The negotiation process is versatile and may be employed at any point in tying to resolve the conflict. E.g In advance of a court case being filed, even when the court process is on going, or at the end of that trial, even at the point before or after filling an appeal (Goldberg, Frank & Rogers, 1992).
Characteristics of Negotiation:
Negotiations are usually Voluntary
They tend to be Confidential and Private
Negotiations are relatively inexpensive and may be Quick as compared to litigation.
Negotiations are mostly Informal and thus unstructured to a fault.
High chances of resulting in a win-win solution
Key steps involved in seeking a resolution. Justify your response.
The initial step, which is paramount to the resolution of the problem, is to find out whether one has the Command or capacity to talk and influence an agreement. In this step, one party must reach out to the other to find out if one is willing to settle. Also, it is prudent to know the Credibility of other parties concerned and the Ability to negotiate on equal terms. Also, it is at this step to point out the underlying alternatives to negotiation if negotiation fails (Thibaut & Walker, 1978).
The next step is to Contact the other person involved to confirm about the Programme, Place (Neutral), and Contributing parties to the conflict resolution process (Thibaut & Walker, 1978).
The third step in the negotiation is the Ground work of a plan and interest valuation. Here one should Study the issues, resolve opposing interests inside the group, Evaluate the Best Alternate to a Negotiated Agreement and Fashion choices for common gain “win-win” (Thibaut & Walker, 1978).
Determine whether Ms Green is an independent contractor or a part-time employee
In my opinion, Ms Green does not qualify to be a part-time employee, according to equity law principles that define independent service provider position by structure of payment. If an individual is on a company’s payroll and collects stable salaries, evidently, he or she is a member of staff rather than an independent service provider, who probably receives compensation a total varying custom. In this case scenario, the Ms Green has been receiving payment on a commission, based on the number of cakes she produces (Miller, 1991)
The general principal rule is that a person is a independent service provider if his employer administer the result of the labour only. He is not involved in the ways and means in which the end result was achieved. In this case, the company has not been directly involved (Miller, 1991). Even though it furnished all the equipment’s she used in decorating the cakes the company did not control her schedule of work and how she produced the cakes.
Independent contractors are appointed to undertake a particular job. The affiliation between the hiring party and the independent contractor is predetermined (Wright, 1991). Ms Green was contracted on a contractual basis that stipulated explicitly on what she was supposed to do. There is verbal, written, or implied contract amid the parties about what will be completed and how much that service is worth (Sumutka, 1992).
The nature of the work will assist in describing the affiliation. When work is well thought-out central to the line of work, it is more likely that the worker is permanent employee. Otherwise, work, which is temporary and non-integral may point toward independent contractor standing. Ms Green work seems not to be integral as it only required her to perform it on particular days(Sumutka, 1992).
In an effort to construe the doctrine of the Fair Labour Standards Act and differentiate amid worker and an independent service provider status, several courts and federal government agencies did construct an “economic realities test.” It examines the dependence of the employee on the employement. If an individual gets a relative higher percentage of his remuneration from that business, likelihoods is that the person is an employee. The assessment factors in such things as cader of expertise, the essential structure of the work, the motive and interest the parties have and payment of benefits and government taxes (Oden, 1991).
Also used is the “right to administor” the assessment. When the “would be” employer regulates how work is carried out and a how the merchandise is distributed, then the relationship is of a servant-master relationship. If the would be employer relinquishes his duty and right over how the employees completes their work, and merely issue demands, then that association of is that of the master and independent contractor(Oden, 1991).
The reason supporting whether or not Ms Greene should receive the same benefits as part-time employees
Ms Green should not be issued the same kind of benefits as part-time employees because she was paid in full because the nature of the job was a one-time thing and not a permanent situation that would warrant such demands. Besides, she was paid in its entirety an actual figure that was more that her normal commission when she did her daily chores. For one to be considered a part-time, employee there is a stipulated period that should lapse, and the consistency of work should be flawless (Wright, 1991).
References
Goldberg, S.G., Frank, E. A and Rogers N.H.(1992). Dispute Resolution: Negotiation, Mediation, and Other Processes, (2nd Ed.) (Boston: Little, Brown and Company.
It is a business law question. there is 3 questions, you must answer all of them.
SAMPLE ANSWER
Introduction to Business Law
Question One:
Would you consider a newspaper report which stated that Malcolm Somebody (his real name) had been charged with a sexual offence defamatory? Explain your answer.
If all the four elements that qualify a statement to be defamatory are proved to be true, I can consider the newspaper report that states that Malcolm had been charged with a sexual offense defamatory. Defamation is a term used to refer to a statement that hurts an individual’s reputation. A libel refers to a written defamation while slander refers to a spoken defamation. Although the defamation law may vary with states, there are some rules that are generally accepted. If a person holds they have been defamed, they must prove the existence of a statement that is published, false, unprivileged and injurious (Kenyon 2013). Published in this case refers to the statement having been made public either through print, speech, or even television and therefore the above statement qualifies because it was published in a newspaper.
If the above statement is false in that Malcolm was not charged with sexual offence, then it can be considered defamatory. Since defamation law aims to deal with the injuries to reputation, a statement is considered defamatory if it is injurious. As a fact, the statement of Malcolm being charged with sexual offence is injurious as it dents his reputation. The statement is also unprivileged since it has not been stated that it was mentioned by a witness in a court of law or by any other person or institution deemed to be “privileged” (Baker 2011). From the analysis of defamation law, the only element that is not clear from the above statement is whether the information is false. If it is false, the newspaper report would be defamatory, but if the information is true the report cannot be considered to be defamatory.
Question Two
Peter as the manager of the liability to ensure that the toilets have enough water supplies. Moreover he has the duty to act or liability to make sure that there is hygiene in the washrooms and in the whole nightclub. Conversely, Julia and Wayne have the right to be provided with the best services in the nightclub and this includes being provided with water in the toilet. When Peter cut off the water supplies to the toilet handbasins, he was liable for his actions because he was denying Julia and Wayne their rights as customers to have access to water in the toilets (Miller 2014). By cutting off the water, Peter was being selfish because he was more interested in boosting bar sales at the expense of the customers’ rights to be comfortable while in the Bees nightclub.
Being the owner of the nightclub, Keith has the right to maximize sales. Similarly, Peter had the right to ensure sales are maximized because they were serving customers. Conversely, Julia and Wayne did not have any right to drink the water from the toilet because water in the nightclub was being sold at the bar at the price of $10 per bottle.
Keith, as the nightclub owner, was liable for the fault in the air conditioning that made the temperature on the dance floor to reach 43o. As a result, both Julia and Wayne became overheated and therefore visited the toilets to get some water. Wayne and Julia did not have any right to be provided with free water for drinking from the toilet hand basins since the nightclub did not have such an arrangement. Julia had a right to be assisted by the floor manager because she was feeling sick.
When Julia stumbled on a bucket, Peter was liable for the injuries she sustained since he had placed the bucket near the bar after removing it from the women’s toilets. Furthermore, Keith was also liable for the Julia’s injuries caused by the fall because Peter had cut the water supply from the toilets due to the pressure he had received from Keith to maximize profits. Therefore, the thought of cutting off the water from the handbasins was driven by the urge to stop customers from drinking the water from the toilet handbasins where they were refilling their water bottles and glasses. This was also supposed to make customers buy drinking water from the bar. Eventually, this had contributed to the placing of the water bucket near the bar where Julia tripped. Julia can therefore sue Peter for negligence for placing the bucket in the wrong place, and Keith for putting pressure on Peter.
In essence, Keith is also liable for any harm caused by Peter in the course of his duty because he had employed him (Miller & Cross 2012). The fractured ankle that Julia was diagnosed in the hospital was caused by the fall in the nightclub after tripping on the bucket. Peter was therefore liable for that injury. Keith was also liable for the injury that Julia sustained from the fall because the club was so dark and crowded and therefore Julia could not see the bucket. In relation to the extreme dehydration that Julia was suffering from, Keith was responsible as the bar owner since the dehydration was as a result of the high temperatures due to the faulty air conditioning. Even though Wayne developed hepatitis that he contracted from the ice he took from the bucket, Peter and Keith cannot be held liable because it was Wayne’s mistake to take the ice from the bucket since that water was not fit for consumption. In this case, Peter and Keith could argue that they had not indicated anywhere that the water from the bucket was for drinking since they were selling drinking water.
Question Three
In tort law negligence refers to the harm caused due to carelessness as opposed to intentional harm (Statsky 2011). The real estate agent had placed an advertisement for a house that stated that the Waterview House that was on sale was a luxury home situated on the harbor and includes mooring for a large boat. When the Brights purchased the house, they were sad because they realized that the mooring license had already been transferred to a third party by the time they were speaking to the solicitor and the agent. First, they can file a claim against the agent because he had given them a confirmation that the house had a suitable mooring. Indeed, the agent demonstrated carelessness because he had the responsiblity to find out whether moorland had a valid license. Moreover, the Brights can also make a claim against their solicitor, Mr Potters, because he confirmed to them that the mooring had a valid license. Therefore, the solicitor was careless because he did not find out about whether mooring license was valid or not. Negligence by the solicitor contributed in misleading the Brights into buying the house because they were convinced that the license was valid.
The fact that the agent informed the Brights that the house had a suitable mooring for a large yacht, it clearly shows that the agent was careless in giving his statement. If he was not more careful and cautious he would have checked then validity of the mooring license. Actually, both the agent and the solicitor were affected by the negligence law because they failed to assess the rules of the mooring license (Statsky 2011). If they did this, they would have found out that the license rights expire and could be transferred if the mooring was not used for a period of more than three months. By the time that Brights spoke to the solicitor and the agent, the mooring had not been used for four months. This implies that the license rights for the Mooring had already expired and therefore the mooring license had already been transferred to a third party.
Brights can lay claim against the solicitors because he failed to exercise the duty of care because he was supposed to advise his client on whether the Mooring license was valid. As a person who understands law, the solicitor should have been at the forefront in verifying the rules related to the expiry of the license. This would have made him to know that the license was already transferred to a third party due to the fact that it had not been used for more than three months. The negligence for both the solicitor and the agent may have been caused by the lack of knowledge that the current owner of the mooring was sailing around the world and therefore had not used the mooring for a period exceeding three months as stated in the rules governing the mooring license. As such, the Brights only purchased the house after the confirmation that he received from both the solicitor and the agent and therefore have claims against both of them on the basis of negligence law.
Reference List
Baker, R 2011, Defamation Law and Social Attitudes: Ordinary Unreasonable People, Edward Elgar Publishing, Michigan.
Kenyon, A 2013, Defamation: Comparative Law and Practice, CRC Press, New York.
Miller, R 2014, Cengage Advantage Books: Business Law: Texts and Cases-Commercial Law for Accountants, Cengage Learning, New York.
Miller, R. & Cross, F 2012, Business Law, Alternate Edition: Text and Summarized Cases, Cengage Learning, New York.
Statsky, W 2011, Essentials of Torts, Cengage Learning, New Jersey.
We can write this or a similar paper for you! Simply fill the order form!
Identify 3 of the major discrimination laws. How are these laws intended to protect employees? Are these laws necessary and effective, or instead do they restrict the manager’s ability to properly manage?
The following conditions must meet in the essay:
1) I want a typical and a quality answer which should have about 1100 words.
2) The answer must raise appropriate critical questions.
3) The answer must include examples from experience or the web with references from relevant examples from real companies.
4) Do include all your references, as per the Harvard Referencing System,
5) Please don’t use Wikipedia web site.
6) I need examples from peer reviewed articles or research.
Appreciate each single moment you spend in writing my paper
Best regards
SAMPLE ANSWER
Introduction
Various discrimination laws have been enacted to protect employees at workplace regardless of their terms or duration of their engagement. Both the employer and employee should be aware of these laws that regulate acts of discrimination at workplace.
Pregnancy Discrimination
This is one of the major discrimination witnessed at work. It involves treating a woman either an employee or applicant unfavorably due to pregnancy, childbirth, or medical conditions related to pregnancy. The Pregnancy Discrimination Act prohibits discrimination in any facet of employment; hiring, firing, pay, job assignment, promotions, layoff, training, benefits or redundancy (EEOC 2014).
This law states that a female employee who is temporarily unable to execute her duties due to conditions under this act, should be treated the same way as would any other temporarily disabled employee. It forbids harassment of a woman due to pregnancy, childbirth, or medical conditions associated to pregnancy. The act allows a pregnant woman to take a maternity leave (EEOC 2014).
Disability Discrimination
Disability discrimination is the treatment of a qualified disabled employee or applicant unfavourable because of their status. Disability is the physical or mental impairment of an individual. Disability can be due to a chronic condition that one may be suffering from, for instance cancer that is in remission. It is unlawful to mistreat an employee who is disabled or has a relationship with a disabled person, for instance spouse (Blanpain, Walgrave & Jacqmain 2014).
This law requires an employer to provide reasonable accommodation to employee or applicant with a disability, unless if the accommodation will cause undue hardship. A reasonable accommodation may mean any change that the organisation can make to favour a disabled employee (Ford 2014).
The act protects those related to employees with disability. It forbids discrimination when it comes to hiring, firing, pay, job assignments, promotions, layoff, training and any term or condition of employment (EEOC 2014).
Harassment of disabled employees is illegal in this act and any action that perceived to be offensive to such an employee. Disabled employees should be helped whenever necessary during their engagement (EEOC 2014). It is the employers’ responsibility to have in place measures which help in reporting and dealing with disability mistreatment situations (Ford 2014).
Equal Pay and Compensation
The act states that men and women who do equal work and work in the same workplace should be given equal pay. Work should be substantially equal even if not identical. This law requires that all compensations and benefits be equal regardless of race, sex or disability in same workplace and equal qualification (EEOC 2014).
Paying one gender more than the other is a big violation under this act. The employers are required to reward their employees equally in regard to the duties they have delivered to the company and not as per their physical, sexual or age differences (Mallory, Hasenbush & Davis 2014).
How are these Discrimination Laws Effective?
These laws are very effective to an organisation. The effectiveness of the laws largely depends on the management in the organisation. An organisation should put in measures to enable the laws to work. This responsibility rests squarely on the leadership and management of the organisation. Managers are the first in line when it comes to the implementation of these laws (Selmi 2014).
Some acts may not be seen as discriminatory by a majority of employees or applicants. Take for instance, a woman who cannot secure a job in a construction industry due to a perception that it is a male dominated field. Consider a scenario where a young lady is fired by her boss because the boss feels that she is ugly as a secretary. The manager hires another female secretary. Such acts constitute discrimination as the intentions and their outcomes can only depend on the employer decisions (Pattson, Sanders & Ross 2014).
Looking at the two scenarios, one concludes that in the first one the employer’s decision seemed overall though its result disadvantages women. In case two, the employer’s motive is unacceptable but not discriminatory to women as the vacancy was filled by the same gender (Pattison, Sanders & Ross 2014)
Impact of the Laws to managers.
The understanding of these laws by the managers in any company can greatly help them run companies with ease. When discriminatory acts exist in an organisation, managers get hard time to run the firms. Organisation’s management can be difficult if the discrimination laws are misunderstood. The aggrieved can file civil suits in law court negatively affect a firm’s reputation. It implies that the laws should protect those who are members of such organisations (Ford 2014).
An organisation consists of individuals with different strengths, abilities and capabilities. Managers may be viewed as discriminative when they assign some duties to employees they feel can deliver them well because of abilities and talents. Managers may fear reactions from the company about doing right things that may appear as discriminatory.
A look at Stemcor Company, London
Stemcor is one of the companies that has benefited by enforcing the discrimination laws among its employees. The company is one of the leading steel firms in the world. It has a bullying and harassment policy on employees’ portal. The policy states that the company shall not entertain any form of bullying or harassment. Equal opportunity policy of the company states that the firm is a discrimination free zone and the employer is an equal opportunity provider to all employees (SGEP 2012). This means that discrimination laws have had a positive role in the firm’s success story.
Conclusion
Discrimination laws are an essential tool in any organisation that visions success. Since their enactment, the laws have been introduced to a majority of business entities though their impact depends on the leadership and management of a specific company. It is the responsibility of those in managerial positions to ensure and ascertain that every employee understands and respects the laid provisions of discrimination acts.
Bibliography
Blanpain, R, Walgrave, J & Jacqmain, J 2014, Unlawful Employment Discrimination: A Discussion of Belgian Law and Related Issues. Georgia Journal of International & Comparative Law, vol.20 no.1, p.123.
Ford, RT 2014, Bias in the Air: Rethinking Employment Discrimination Law. Stanford Law Review, vol. 66 no.1381
Mallory, C, Hasenbush, A & Davis, GK 2014, Employment discrimination based on sexual orientation and gender identity in South Carolina.
Pattison, P, Sanders, DE & Ross, J 2014, The Squiggly Line: When Should Individual Choices Be Protected from Employment Discrimination? Southern Law Journal, vol.24 no.1, p.29.
Selmi, M 2014, The Evolution of Employment Discrimination Law: Changed Doctrine for Changed Social Conditions. GWU Law School Public Law Research Paper,
Stemcor Group Ethics Policy, 2012, Group Ethics Policy: Relationship with Employees
Using the attached information, you will prepare a Case Brief on a recent United States Supreme Court decision regarding the attached case. You must include the following sections: caption, facts, procedural history, issue, rule of law, holding, and rationale. The Case Brief must be 1–2 pages.
SAMPLE ANSWER
Salinas v. Texas
Caption: 133 S. Ct. 2174 (2013)
Facts: Police found two brothers shot and killed in their home. Upon investigation, the police found Salinas who accepted to be taken to the police station where he was question for approximately one hour. Both the police and Salinas had agreed that the interview would be noncustodial and the Miranda rights were not given. Salinas answered most of the questions but he kept silent when asked whether the shotgun would match the shells recovered at the scene of crime. However, Salinas continued to answer other questions asked. At his trial, Salinas refused to testify, over which the prosecution used his silence in response to the question asked by the police officer as evidence of his guilt.
Procedural history: Salinas received a conviction for murder by the trial court. The Texas State Court of Appeals and the Court of Criminal Appeals affirmed Salina’s conviction, rejecting Salinas’ argument that the use of his silence by the prosecution as evidence of his guilt was a violation of the Fifth Amendment.
Issue: Were the prosecutors in violation of Salinas’ Fifth Amendment rights against forced self-incrimination when they used his silence in response to police question as evidence of his criminality, even when Salinas had not invoked his privilege against self-incrimination, was not put in custody, and was not given Miranda warnings?
Rule of law: The Fifth Amendment to the United States Constitution provides that a suspect of crime has a right not to be forced by police officers and any other government officials into giving up evidence that has the ability of acting as evidence of his guilt. Following this prohibition against self-incrimination and prevention of coerced testimony by police officers and other officers of the government, the Supreme Court in Miranda v Arizona ruled that a person who was held by the police and whose freedom to leave was curtailed had to be informed of the right to remain silent.
Holding: The plurality decision was that the accused’s rights were not violated by the prosecution because he did not invoke the Fifth Amendment against self-incrimination in order to benefit from it.
Rationale: The two recognized exceptions to the invocation of the Fifth Amendment privilege did not apply in this case. The first exception is that a defendant does not need to take a position and assert the privilege against self-incrimination during his own trial. The other exception is that the failure of a witness to invoke the privilege can be excused if the coercion by the police or government officials made his forfeiture of the privilege involuntary. It is not disputable that the interview of Salinas by the police was voluntary. He admitted that he had a choice to leave the police station at any time and that nothing prevented him from stating that he was not going to answer the police officer’s question on Fifth Amendment grounds.
The Court did not adopt the third exception in which a witness remains silent and thus refuses to answer a question which police officers suspect would be incriminating. The Fifth Amendment only protects the right to remain silent if the silence is for purposes of avoiding self-incrimination. The reason of a witness’ silence is vague where there is no express invocation.
In concurrence, Thomas (joined by Scalia) argued that the calm by the defendant should fail even where he invokes the privilege due to the fact that the comments of the prosecutor on his pre-custodial silence were not compulsive to the defendant to give self-incriminating information.
Dissenting, Breyer (joined by Kagan, Sotomayor, and Ginsburg) stated that ‘no ritualistic formula is necessary to invoke the privilege’ and that it is important to consider the circumstances of the case. Accordingly, it was not necessary for the defendant to expressly invoke the privilege because the questioning was in the perspective of a criminal investigation and the police made it known to the defendant, who was not represented by a counsel, that he was a suspect.
Review the criteria in your text for determining an implied contract (pages 630–631). Choose three of the criteria and identify a specific case or example that would prove to be contractually binding. In Chapter 18, you read about implied contracts. For this assignment, write a 1–2 page paper that describes the concept of implied contracts. Identify a specific case or example that would prove to be contractually binding and provide your rationale regarding why this is the case. Cite and reference information from your sources according to APA guidelines.
SEE ATTACHED FILES FOR MORE INFORMATION.
SAMPLE ANSWER
An implied contract is a legally enforceable agreement that is not in writing. It is created on the basis of the conduct, behavior and assumed relationship of the parties involved. A contract is usually implied when a party accepts benefits in kind from another party because of particular circumstances and the benefit cannot be considered to be a gift. It is therefore the legal obligation of the individual who is receiving the benefit to give a fair value to the benefit that is received (Smitley, 2011).
Criteria for determining an implied contract
There exist various criteria that are used in the legal enforcement of implied contracts. These criteria include basic circumstances such as their being a specific promise that was made in between the parties. The promise also needs to have been given by someone with sufficient authority to enforce and offer that promise. The employer’s behavior and conduct at the time of giving the promise needs to be consistent with policies, industry practices and must be consistent with the promises (Smitley, 2011).
Case study
Mr. Baker had been employed by the common wealth bank for a period of 27 years with his last position at the bank being the senior position of Executive Manager in the Bank’s corporate banking section. A restructuring of the bank unfortunately made his position redundant and even without notice he was given a letter asking him to vacate his desk on the same day. However, because he was a model employee at the bank and had served for several years, the bank made it clear to Mr. Baker that it had preferred to redeploy him to another alternative role of the bank and was even nominated a career support manager and documents to inform him about the new banks redeployment services. He was also directed to hand over his company mobile phone and access to his company email was terminated.
The bank true to its word conducted the redeployment policy but the career support manager who was designated to Mr. Baker was unaware that Mr. Baker could not access the banks communication systems therefore resulting in his fate of not being aware of the activities and the bank was unable to contact him for an extended period of time. The bank therefore failed to adhere to the procedures within the Redeployment Policy. Mr. Baker sued the bank for damages for breach of contract.
Rationale as to why the promise was legally binding
The terms of the mutual contract implied that the mutual trust and confidence that was bestowed between the parties involved did not merely apply to the point of employee dismissal. Therefore, since Mr. Baker was not made redundant, the implied term did not interfere with the right of the bank to provide notice. To apply the term mutual contract to the manner of dismissal was therefore unnecessary and inconsistent with acts of law that deal with unfair dismissal. Therefore, in light of this case study, the breach of the implied agreement occurred independently and before the eventual termination of employment. Therefore, the court ordered that compensation be paid and damages be awarded to Mr. Baker on the basis of an employee’s loss for a chance in redeployment that resulted into the breach
Write 300 words about the law and journalism using the information attached to the order.
SAMPLE ANSWER
Law and Journalism
Law structures the manner in which people interact within a set of social norms. This way, law is a defining aspect for communities and it determines who belongs. Law is a very important societal aspect because it reflects the aspirational norms and rules of the community it regulates. It only maintains legitimate authority if it can play its role effectively. Journalism faces similar problems because its professional projects becomes increasingly blurred and aligned with business. Law has an upper authority on journalism because it regulates the amount of information that should be conveyed on media and dictates the scope of a journalist’s work (Breit, 2014).
According to the General Principles of the Press Council, news and comments should be presented in a manner that is fair and respects the privacy and sensibilities of people, although this does not mean that some matters which are on the public record or significantly in the public interest should be omitted. Privacy Principles require journalists to ensure when gathering news, they do not cause undue intrusions on the privacy of people and that public members caught up in newsworthy events should not be exploited (The Sydney Morning Herald, 2014).
The media faces numerous challenges, with the conventional business models thrown into turmoil by new media platforms. Although from the outsider perspective, there has been a minimal number of cases of journalists being persecuted for contempt of court, from the insider perspective there are many issues that deserve professional security and reflection. There are career consequences that arise from journalists being persecuted for contempt of court and having a criminal record. Breit (2011) notes that media publications have received massive criticism for the traumatizing of victims of crime, inserting pressure on proceedings, affecting the impartiality of jurors and undermining the confidence of the public in the judicial system.
References
Breit, R. (2011). Professional Communication: Legal and Ethical Issues, 2nd ed. Lexis Nexis, Butterworths: Australia.
Introduction;
1. Say which act you are researching
say which company you have chosen and why like eg like Vodafone , Coles , Woolworths any company of our choice.
what are the companies policies in brief mention.
2. Explanation of act i.e Australian human right commission act 1986 brief summery do not copy and paste.
who is the act designed to protect and what are the powers.
3. How does the act promote diversity in work force, give examples.
4. diversity within the company you have chosen.
Summary of companies diversity and their policy.
explanation in details of how act promote diversity example – mention any diversity program
5 conclusion
Summary of point 2,3,4 stated above.
also provide recommendations.
6. Must be referenced font style Arial .
size – 12 life spacing 1.5 heading in bold, text not bold.
SAMPLE ANSWER
Australian Human rights commission Act 1986
Introduction
The study is aimed at evaluating the act that was enacted in Australia in 1986 concerning the rights of human beings. To aid on the research of this paper, Woolworths Australia has been chosen as the company in focus. Woolworths Australia was chosen because of the fact that its employment policies and employee codes of conduct were easily available. It was also chosen because of its dynamic employee policies and the inspirational example it has shown for equal opportunity employment by its inspirational employment of people with disability, of different races, genders, and ages.
Background information of Woolworths Company
The company operates under clearly outlined rules and regulations that govern how they do their employee recruitment. In this code of conduct, employees are expected to demonstrate high degrees of integrity, trustworthiness, and honesty at all times. They are also required to put their best foot forward when they are representing the company even outside the working hour. In addition, each employee is required not to engage in immoral behaviors like drug abuse especially when they are at work. As a general rule, employees are required to use decent language, behave in a decent manner and should not misuse company resources such as the standard issue employee discount cards. In this digital year, they are also required to respect their fellow colleagues and not harm then in any way by posting any malicious comments about them or the company online.
The Australian Human Rights commission
The Australian Human Rights Commission Act was created in order to promote equal rights and an acceptance of equal and fair treatment in the workplace. It was also mandated to ensure the compliance of international covenants and declarations in which Australia is signatory to. Its major role was to handle discriminatory complaints in Australia as covered by the federal anti-discrimination legislation. Furthermore, the acts covered included the act that protects people being discriminated on the basis of their race, sex, disability or age. The commission was also mandated, however, with limited power to investigate and to conciliate complaints of employment discrimination as covered by the ILO Convention Concerning Discrimination in respect of Employment or Occupation.
The Act was, therefore, necessary to protect vulnerable people against discrimination on the basis of age, color, race or nationality, religion, sex and sexual orientation, pregnancy, marital status, social origin, criminal record, medical record, physical, mental, intellectual, or psychiatric disability, and impairment of any kind, political opinions or even trade union activities.
The act that protects the rights of human beings in Australia does so through the encouragement of people from diverse backgrounds working together in several ways: It contains within itself very strong provisions that support a diversified workforce and promotes the reflection of the entire diverse Australian community in the workplace (Australian Human Rights Commission Act, 2014). The section on the promotion of employment equity also goes on to explain the need for the establishment of a diverse workforce. With regard to the fulfillment of this Act, Woolworths limited is also committed to providing equal opportunities for all employees in the workplace free from bullying, discrimination, and harassment.
Woolworths Limited role in protecting Human Rights
Woolworths limited offers equal employment opportunity to everyone is always in the forefront championing for the protection of the rights of human beings. This is enhanced by the company’s employment handbook which outlines clearly how each employ has to behave at the work place concerning race, age, color, sex, sexuality, religious beliefs, political opinions and disability. The company also opposes discrimination in any way including discriminatory harassing and bullying behavior such as body language, gestures, verbal humiliation and even sexual harassment. Physical molestation and the use of vilifying behavior such as inciting hatred and inciting others to have contempt about other workmates attributes is strictly prohibited and may result in disciplinary action and even termination of employment. The company also ensures that every employee at Woolworths work by the principles of anti-discrimination with no fear of retribution should any complaint be made on the grounds of discrimination.
Woolworths as a company is very strict in its rules and regulations and ensures that the right of every worker is protected. The fact that the company has put effective anti-discrimination strategies in place is a good practice, which is good for business as it improves employee productivity and fosters a cohesive workforce. It also helps to build the morale of the workforce and adds to the bottom line, thereby building the reputation of the company. A discrimination-free work environment also ensures that employee turnover is reduced and the best people are gotten for the job (Australian Human Rights Commission Act, 2014).
Conclusion
From the study, it is very clear that each human being is treated with the utmost respect that they deserve. For instance, in a recent Australian census report that was conducted in 2011, it was noted that many Australians have native origins abroad with more than fifty percent arising from Europe and ten percent from Asia. In the 2011 census, 21.5 million Australians were male, which represented 49.4 percent of the population, while 50.6 percent represented the female gender. The census also noted that of all the population, the original Australians being of Aboriginal and Torres Strait Islander decent made up of 2.5 per cent of the population. In a different 2012 disability survey, it was estimated that nearly 4.2 million Australians who represented twenty percent of the population had a disability.
Furthermore, Australian Human Rights Commission Act has ensured that discrimination at the workplace is reduced as much as possible in Australia. This has been done through provision of strict rules that encourage gender equality at the work place. As a representative measure, it is expected that in the Woolworth workforce, for example, should have a balance between the genders with half of the workforce being male and the other half being female. Out of a population of one hundred employees, twenty should be employees with a disability and at least three should be of aboriginal or Torres Strait Islander decent.
Legal Aspects in Nursing Order Instructions: This paper is part of some other papers that you guys have already written for me such as 111549. Hear the writer will be working on building a case and so he will have to discuss some legal steps to hear.
Legal Aspects in Nursing
The writer should first in one paragraph elaborate on the legal components of this case below which is “informed consent and risk versus benefit” and then he will go ahead and use the point listed below as subheadings and them respond to them in detail citing court cases and using peer review articles to supports the facts.
In one paragraph discuss the legal components of this case below which is “informed consent and risk versus benefit”. Also Base on the Case Study 1: Malpractice Action brought by Yolanda Pinnelas, construct a 2 page paper about the legal constructs involved in the cases. Support the paper with peer-reviewed articles and case law where applicable. You may have an appendix that has samples of documents that support your positions or expands on the facts of the case. The paper should discuss the following issues. Discuss the following 3 points using each point as a subheading for the paper.
– Standards of care
– Duty, breach, damages and proximate cause
– Preparation for the court of the parties
Case Study 1: Malpractice Action Brought by Yolanda Pinnelas People Involved in Case: Yolanda Pinnelas-patient Betty DePalma, RN, MS-nursing supervisor Elizabeth Adelman, RN, recovery room nurse William Brady, M.D., plastic surgeon Mary Jones, RN-IV insertion Carol Price, LPN Jeffery Chambers, RN-staff nurse Patricia Peters, PharmD-pharmacy Diana Smith, RN Susan Post, JD-Risk Manager Amy Green-Quality Assurance Michael Parks, RN, MS, CNS-Education coordinator SAFE-INFUSE-pump Brand X infusion pump Caring Memorial Hospital
Facts: The patient, Yolanda Pinellas is a 21-year-old female admitted to Caring Memorial Hospital for chemotherapy. Caring Memorial is a hospital in Upstate New York. Yolanda was a student at Ithaca College and studying to be a music conductor. Yolanda was diagnosed with anal cancer and was to receive Mitomycin for her chemotherapy. Mary Jones, RN inserted the IV on the day shift around 1300, and the patient, Yolanda, was to have Mitomycin administered through the IV. An infusion machine was used for the delivery. The Mitomycin was hung by Jeffrey Chambers, RN and he was assigned to Yolanda. The unit had several very sick patients and was short staffed. Jeffery had worked a double shift the day before and had to double back to cover the evening shift. He was able to go home between shift and had about 6 hours of sleep before returning. The pharmacy was late in delivering the drug so it was not hung until the evening shift. Patricia Peters, PharmD brought the chemotherapy to the unit. On the evening shift, Carol Price, LPN heard the infusion pump beep several times. She had ignored it as she thought someone else was caring for the patient. Diana Smith, RN was also working the shift and had heard the pump beep several times. She mentioned it to Jeffery. She did not go into the room until about forty-five minutes later. The patient testified that a nurse came in and pressed some buttons and the pump stopped beeping. She was groggy and not sure who the nurse was or what was done. Diana Smith responded to the patient’s call bell and found the IV had dislodged for the patient’s vein. There was no evidence that the Mitomycin had gone into the patient’s tissue. Diana immediately stopped the IV, notified the physician, and provided care to the hand. The documentation in the medical record indicates that there was an infiltration to the IV. The hospital was testing a new IV Infusion pump called SAFE-INFUSE. The supervisory nurse was Betty DePalma, RN. Betty took the pump off the unit. No one made note of the pump’s serial number as there were 6 in the hospital being used. There was also another brand of pumps being used in the hospital. It was called Brand X infusion pump. Betty did not note the name of the pump or serial number. The pump was not isolated or sent to maintenance and eventually the hospital decided not to use SAFE-INFUSE so the loaners were sent back to the company. Betty and Dr. William Brady are the only ones that carry malpractice insurance. The hospital also has malpractice insurance. Two weeks after the event, the patient developed necrosis of the hand and required multiple surgical procedures, skin grafting, and reconstruction. She had permanent loss of function and deformity in her third, fourth, and fifth fingers. The Claimant is alleging that, because of this, she is no longer able to perform as a conductor, for which she was studying. During the procedure for the skin grafting, the plastic surgeon, Dr. William Brady, used a dermatome that resulted in uneven harvesting of tissue and further scarring in the patient’s thigh area where the skin was harvested. The Risk Manger is Susan Post, J.D. who works in collaboration with the Quality Assurance director Amy Green. Amy had noted when doing chart reviews over the last three months prior to this incident that there were issues of short staffing and that many nurses were working double shifts, evenings and nights then coming back and working the evening shift. She was in the process of collecting data from the different units on this observation. She also noted a pattern of using float nurses to several units. Prior to this incident the clinical nurse specialist, Michael Parks, RN, MS, CNS, was consulting with Susan Post and Amy Green about the status of staff education on this unit and what types of resources and training was needed.
Legal Aspects in Nursing Sample Answer
Legal Aspects
Introduction
In their practice, nurses encounter various ethical and legal aspects that may implicate them in legal tussles. When new treatments are used, issues of informed consent to treatment and balancing between benefits and risks tend to be challenge in resolving them. Understanding aspects concerning informed consent is, therefore, important as patients are assisted on how to ask questions and to understand the information they need to fully and truly be aware of the treatment choices available to them (Moffett & Moore, 2011). Similarly, assessing aspects to do with benefits and risks of any experiment treatment option is critical for long term health of the patients. This paper, therefore, deliberates on the various aspects relating to informed consent and risks versus benefits as well as legal constructs involved. The paper adopts a case study on Malpractice action brought by Yolanda Pinellas.
Standard of care
Under the law, any individual under the duty of care is required to have a degree of prudence and caution when undertaking their duties. Nurses and any clinical officers are under duty of care to provide medical treatment based on the scientific evidence and to collaborate with other medics involved in the treatment of any health condition (Moffett & Moore, 2011). Practitioners have a duty to inform the patient about any fiduciary interests or material risks of the physician that may make the patient to reconsider the procedure (Moses & Feld, 2008). Failure to do this means that the physicians will be liable for any risks that the client or patient may suffer. In the case of Yolanda’s, the medical practitioners attending to her failed to inform her about the dangers inherent in using Mitomycin in her chemotherapy. Furthermore, the medical officer failed to inform her that the hospital was testing a new IV infusion pump by the name SAFE-INFUSE. This was, therefore, a mistake on the side of the medics and the ordeals and sufferings that Yolanda went through were as a result of lack of informed consent. This caused her to be exposed to the risks. The medics are, therefore, liable for breaching the standard of duty.
Duty, breach, damages and proximate cause
Duty, which is the obligation of one person to another, is something that unifies a society. In medical field, the nurses have a duty to provide quality care to the patients’ failure to which it amounts to negligence (Owen, 2007). Breach is another element of negligence and misconduct such as omission and improper act towards another person. Proximate cause ensures that there is logical act and fairness in judgment. A defendant in proximate cause is liable for failing to foresee a problem or harm in his or her course (Find Law, 2014). Damage, on the other hand, is when the defendant fails to take necessary precautions leading to harm on the patient or plaintiff. In this case, of Yolanda, it is evident that there was breach of duty, damage and proximate course. The medical practitioners had a duty to ensure that Yolanda is well treated and always check the progress of the medication something that the hospital failed. They did not mind checking the beeping sound; they also failed to record the serial number of the pump. They knew that they were carrying out an experiment of the safe-infuse PUMP but went ahead to use it on Yolanda. They also knew that the nurses were not enough and lacked enough training and went ahead to admit the patient. Therefore, they could have avoided all these mistakes and taken their responsibility to provide quality care these problems could not have occurred.
Preparation for court of the parties
Yolanda has a right to take the matter in the court to be compensated for these breaches. The medical practitioners and the hospital breached his rights to informed consent on the risks and benefits of the treatment. They failed to inform her of any risks and benefits about the treatment. This information could have enabled her to make an informed decision of whether to attend the procedure at the facility or not. She needs to note main points and issues in the case, prepare a detailed outline of important aspects that the judge will need to know, and then back it up (International Court of Justice, (2014). She should also get a good witness to provide factual evidence against the medics and the hospital (Family law, 2012). When presenting the facts, she should stick to the facts she prepared to ensure that she explains clearly to win the case.
