Sexual Abuse and the Changing Nature of Vicarious Liability

Case note Sexual abuse and the changing nature of vicarious liability Case: Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 5: [2012] 3 W.L.R. 1319 (SC) According to Steele, vicarious liability is defined as an employer being found liable for the tort of his or her employee, provided that tort is sufficiently connected with the individual’s employment. On the face of it, this definition seems straightforward and clear, however you only need to look at the plethora of cases which have come to light in recent years to see that the reality is very different. The case of Various Claimants v Institute of the Brothers of the Christian Schools, (CCWS) is the latest case which has served to further develop the†¦show more content†¦Winfield and Jolowicz recognise the existence of relationships which resemble, but are not technically employer/employee relationships; an example being that of the vicarious liability of the chief constable of police for the torts committed by his police force. This means therefore that the doctrine is capable of extending to other relationships. Although Lord Phillips came to the correct conclusion, he did not provide a coherent structure for courts to follow when making future decisions., his analysis is useful for cases with very similar features to this one, but will be of limited use to cases where the circumstances are different, this will of course be most cases and therefore he should have provided more guidance, this is particularly evident when looking at the features which he thought made their relationship closer than that of an employer and employees. There is no discernible logic which links the two factors together, and it is unlikely that a court will be able to infer from those two features a common rule which can be applied to other situations. Additionally, he stated that it was possible for an unincorporated association to be vicariously liable for tortious acts of one orShow MoreRelatedBusiness Law I Summary34667 Words   |  139 Pagescomplaining about the rigidity of the common law. Civil liability are contract and tort. * Contractual liability arises when two or more persons enter into a legally enforceable agreement with each other. * Tortuous liability = a tort consists of the breach of duty imposed by the law(negligence, trespass) Criminal liability before convicted you have to prove mens rea (guilty mind) and actus reus (prohibited act). Strict liability are wrongful acts where prove of mens rea does not needRead MoreTorture and Custodial Violence in Prisons12554 Words   |  51 Pagesprisoners, and prisoners whose sentences have been overturned by DNA evidence, it becomes clear that humane prison conditions are a fundamental human right.   Prisoners face extremely destructive problems on a daily basis, including physical and sexual abuse by both guards and fellow inmates, gang violence, untreated physical or mental â€Å"The care of human life and happiness, and not their destruction, is the first and only object of good government.† -- Thomas Jefferson health problems, and concernsRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesDiversity 40 Demographic Characteristics of the U.S. Workforce 41 †¢ Levels of Diversity 42 †¢ Discrimination 42 Biographical Characteristics 44 Age 44 †¢ Sex 46 †¢ Race and Ethnicity 48 †¢ Disability 48 †¢ Other Biographical Characteristics: Tenure, Religion, Sexual Orientation, and Gender Identity 50 Ability 52 Intellectual Abilities 52 †¢ Physical Abilities 55 †¢ The Role of Disabilities 56 Implementing Diversity Management Strategies 56 Attracting, Selecting, Developing, and Retaining Diverse Employees 56 †¢

Fast Casual Restaurant As A Fast Food Restaurant - 1697 Words

Assignment 3 Fast-Casual Restaurants in Ukraine Student: Diana Hyrya Instructor: Raef Assaf, DBA BU 536 - Global Strategy and Management Newport Beach Winter – 2016 Many US consumers want their meals in a hurry, but with more service and higher quality food than in traditional fast food restaurant. The result has been the rise of fast-casual restaurant chains such as Daphne s Greek Cafe, Boston Market and Panera Bread. The intent of fast casual restaurants is to deliver a quality home cooked meal such as roast chicken, or fresh salad and bread in comfortable setting and quickly. Many consider concept of fast casual to be a major restaurant niche that will be as important as fast food, and perhaps even surpass it in the†¦show more content†¦Additionally, some people live and work in the small towns where fast casual restaurants have not yet established and there actually the demand is very small for such restaurants because people live not far from work and just go home during lunch break. Ukraine people also state that eating casual or fast foods daily is not healthy since most of the meals in the restaurants are deep fried and can be a problem to your health if daily consumed (Yunus, Zulkeflee, Razak, Ilias, 2013). Now about position of Fast Casual restaurants compare to Fast Food restaurants. A fast-casual restaurant is a new concept in the restaurant industry. It combines concepts from the fast-food and full-service casual dining restaurants. Some famous fast-casual restaurants include Chipotle Mexican Grill (CMG), Panera Bread (PNRA), Noodles Company (NDLS), Potbelly Sandwich Works (PBPB), and Subway. Several restaurants are focusing on changing their restaurants’ images by remodeling their existing stores. Burger King (BKW), for example, has a goal to remodel about 40% of its U.S. and Canadian market restaurants by the end of 2015. According to the company, its already re-imaged stores have boosted sales by 10% to 15% Reports suggest that this service can be started in Ukraine, and some companies such as McD, already started and getting good responses. In Ukraine, as elsewhere, McDonald s is shaping the public s standard for quality and service and setting anShow MoreRelatedDistinguishing Features Of The Industry980 Words   |  4 PagesIndustry Forecast†, 2014) The restaurant industry is a simple concept, the store prepares the food, and consumers pay for it. Some people visit restaurants in order to save time or enjoy a certain taste that the restaurant has cornered. Others choose to eat out for celebrations and special occasions. Then others want to have a meeting place or study location to call their own. Whatever the reason for a consumer to eat out, there is a restaurant for them. Restaurants cater to all of the above reasonsRead MoreStrategic Principles Of The Restaurant Industry970 Words   |  4 Pages The restaurant industry is a simple concept, the store prepares the food, and consumers pay for it. Some people visit restaurants in order to save time or enjoy a certain taste that the restaurant has cornered. Others choose to eat out for celebrations and special occasions. Then others want to have a meeting place or study location to call their own. Whatever the reason for a consumer to eat out, there is a restaurant for them. Res taurants cater to all of the above reasons and take time to studyRead MoreFast Food Restaurants Affected The Health Of Customers Essay1250 Words   |  5 PagesFast food restaurants raise a number of important issues related to health. In this paper it will be argued that fast food restaurants negatively impact the health of customers. The consumption contributes to obesity, diabetes and heart disease. However, the growing popularity of fast causal restaurants has made healthier options more popular. In the near future fast causal restaurants will either dominant the restaurant industry or the fast food restaurants will become more like fast casual restaurantsRead MoreFast Casual, Cheap, And Superb Quality1288 Words   |  6 Pagesfew that anybody would agree on are: something fast, cheap, and superb quality. This is the market that fast casual has been dominating over the years, and a market that seems to be on the rise for the foreseeable future. Whether it is a concept create d by an unknown player in the industry, or a Michelin Star chef, the fast casual concept’s rising popularity is still at the beginning of its revolution. History shows that the concept of fast casual dining is not unfamiliar. According to ErinRead MoreThe Popularity Of Fast Casual Dining1313 Words   |  6 Pagesanswers everyone would agree with is something fast, cheap, and good quality. This is the market that fast casual has been dominating over the years, and a market that seems to be on the rise for the foreseeable future. Whether it is a concept created by an unknown player in the industry, or a Michelin Star chef, the fast casual concept’s rising popularity is still at the beginning of its revolution. History shows that the concept of fast casual dining is not new. According to Erin DeJesusRead MoreChipotle Mexican Grill. Chipotle Mexican Grill, Incorporated1144 Words   |  5 PagesChipotle Mexican Grill, Incorporated is a restaurant that offers Mexican food including burritos, tacos, burrito bowls (a burrito without the tortilla), salads, and more. The company has been in operations since 1993, starting out as one unit and growing to 1,300 units in over 46 states, the District of Columbia, Canada, and the United Kingdom in 2011. The restaurant served fast-casual food with a customizable menu. The restaurant prides itself on serving food made from scratch with wholesome, organicRead MoreThe Importance Of Fast Food1157 Words   |  5 PagesFast food has been increasingly popular throughout the twenty-first century because of its sacrifice of health for speed, but that has recently started to change. â€Å"Fast casual† is the idea of a more casual restaurant atmospher e with healthier food, slightly higher prices, and a better overall experience. The transition to a more innovative fast casual mind set has spurred an increasing popularity across the country. Rising awareness in society has helped dawn the rise of the fast casual industryRead MoreContract and Event Management702 Words   |  3 Pagesdepends on leisure and disposable income. There are several sectors under the term hospitality industry which are as the following: 1. Hotels 2. Restaurants 3. Contract services 4. Pubs, Bars, casinos and nightclubs 5. Event A hotel is a place that has rooms in which people can stay when they are traveling where they can get food, shelter and other services. Hotels are divided into several categories such as boutique hotel, business hotel and motels. It is also classified into differentRead MoreEssay on Marketing Opportunity: Chipotle Mexican Grill1030 Words   |  5 Pagesdivested its controlling interest. Chipotle became a public company listed on the New York Stock Exchange in 2006. It currently has 1,083 locations across the United States and Canada. In May 2010, Chipotle expanded into Europe, opening their first restaurant in the United Kingdom. (Form 10-K Chipotle Mexican Grill, Inc., 2011) 1.2 Product Offering Chipotle’s cuisine is Mexican. Their menu consists of burritos, tacos, burrito bowls, and salads prepared with fresh ingredients employing classic cookingRead MoreChipotle Market Segmentation And Product Strategy1155 Words   |  5 Pagesthe fastest growing restaurant businesses in the United States. Chipotle Mexican Grill was founded by the current CEO, Steve Ells, in 1993. Chipotle headquarters are located at 1401 Wynkoop Street, Denver, Colorado 80202. The company operates in the restaurant industry and more specifically the fast casual Mexican restaurant market. Market Segmentation Analysis Chipotle Mexican Grill is a fast casual Mexican Restaurant that operates from the United States. Although the restaurant is specifically segmented

Oil & Gas Management Anglo Persian Oil Company

Question: Describe about the Advantages of Bidders for taking over British Petroleum? Answer: Introduction The Anglo Persian Oil Company is commonly known as BP, the company started its business in the year 1970s and became the member of the Seven Sister international oil companies. The main competitors of the BP oil company are the Exxon and the Shell oil companies, which are also members of the Seven Sister international oil companies. The BP oil company feces many disaster in the Texas City, the explosion in the time of re-introducing the hydrocarbon and during this explosion many of the workers of the BP oil company were dead and many were injured. After that many investigation happened in the BP oil company, and the company have to pay the fine for it, which was something around $50 million. The BP oil company taken many safety measures after the incident happened in the company, and the various instigation teams also did the investigation about the safety measures of the company. There were many incidents occurred in the BP oil company in the City like Mexico and other and many of t he workers had been died because of the incident. As a result the share of the BP oil company gradual goes down in the share market and the company was running in loss in that time (Berdowski et al., 2010). Advantages of Bidders for taking over British Petroleum (BP) Companies dealing with oil and gas like British Petroleum generates huge turnover for industries. If the past is considered, it can be found that $25 billion cash flow was delivered by BP in 2005. $8.3 billion cash proceeds was yield by BP. $19 billion of cash was distributed to shareholders. Thus the past record of BP is quite attractive for the bidders to takeover. The most important advantages for bidders are below- Cost Reduction- Dividend quarterly payments were suspended by BP by 9.5pence per share that amounted to $2.6 billion to the shareholders. This resulted in cost reduction and profit maximization. Moreover BP agreed to sell $7 billion assets in Egypt and North America, have cut down 20% employees for maintaining capital expenditure and established escrow fund of $20 billion for victims of oil spreading. These strategies are attracting for bidders as they need not take more cost reduction strategies after takeover (Berthelot, Coulmont and Thibault, 2013). Marketing and Sales- BP deals with all the energy resources like solar, wind, carbon, bio-fuel, gas fired power, hydrogen power and storage systems. For dealing with alternative energy resources like wind, bio-fuel and carbon, BP has spent $1.4 billion. But now the industry is facing financial trouble and due to this it has divided alternative energy budget into $1 billion and $500 million. This diversification strategy attracts the bidders to takeover BP (BOND, 2013). Process Innovation- the innovative approach of recovering oil to boost out the process significantly was done by going into deep sea shores which utilized polymer popcorn technique was one of the latest innovative method of oil extraction done by BP. This futuristic innovative approach attracts the bidders to takeover BP. Research and Development- for Illinois research on production of bio-energy, BP invested $500 billion. Bp also introduced personal development program to develop young people that positively influenced local communities. In 2008 BP was associated with a project to extract natural gas and crude oil that involved 8 countries. This project resulted to generate a record profit of $37.9 billion EBIT which was 39% more than that of previous year. Such RD team is competent enough for handling future projects that is quite attracting for bidders to takeover BP (Wilson, 2013). Analysis has been made that the present competitors of BP are Exxon Mobile, Shell and Chevron in relation to their position in petroleum industry. Such competitors can takeover BP to sustain in the competition as they are the greatest rivals of it. They can diversify their product and services to survive against the downturns in such core markets (Bozeman, 2011). Possible disadvantages of bidders for taking over British petroleum Competitive environment- In accordance to the competitors, if Shell moves to takeover BP in Europe and US, then it will induce a serious competition that may force divestments. That ultimately will hamper the management and sustainability for a company. Higher payroll- In China, the salary and wages for the employees are lower than US. Now if Petrochina takeover BP, then it will need to overpay the employees than usual, and this will result in cost disruption, inefficient cost management and substantially workforce risk from top to bottom (Wang, n.d.). Overlapping Management- The combinations of assets needs to be downsized if Exxon Mobile takeover BP. They have a different process and system. This overlapping of management will create dissatisfaction among the employees that may happen to lose their jobs and others may need longer time to familiarize with the new system, which again may incur loss. As the governments have insisted more tough environmental safety standards, the cost of oil projects will eventually increase (Dauwalter, 2013). Political Issue Managerial Style After the explosion in the Gulf of Mexico the valuation of the company comes very low as it wipes 58 billion dollar due to explosion. At that time many experts predicted that there could be a takeover by its competitors such as Exxon Mobil, Shell and Petrochina. Technically any of these companies was able to afford to the takeover of BP but there was some other problems which was creating doubt. One of the biggest issues was political issue which was inhibiting the takeover process. The industry of gas and oil is already full of political and regulatory issues which make it difficult to cope up with all situations. The US law was very stringent about the industry and BP was hiding many of their facts which were not allowed there. All these issues of BP came out after the explosion. At that time it was obvious that the US government will charge a huge amount of penalty to the company (Google.com, 2015). The companies which were thinking of bidding for the BP to takeover find that if t heir takeover includes the penalty then it will be a huge loss for them. Moreover another issue was very prominent over that period. BP was conducting their business unethically at that country so there was a big chance of getting a ban for that company; this was also a risk for the bidding companies. As it was expected that US politicians including Barack Obama was not in favor of the company which forced them to cut off their business in the US market. This kind of political situation forced to increase the liability of the company in the Gulf of Mexico which contributes to the continuous drop of their share price in the market. In this situation the takeover of BP would have result in unlimited liabilities for the company along with the cutoff from the US market where BP used to be the biggest oil and gas provider. There was another threat which was the disadvantage of the takeover process for the other companies was the cost of the cleaning the sea. This cost would be the bigges t liabilities for any company who will be taking over them (JARVIS, 2010). When a company takeover some of its competitor company, it abolish the competition from the market. So in terms of business perspective it is always good to absorb competitors business if that is profitable. In case of BP acquisition after their disaster in Gulf of Mexico, there were many disadvantages due to their huge liabilities in the US market. From the managerial perspective it was very difficult to decide about the acquisition of BP (Price-Howard and Holladay, 2014). Any company who will be acquiring BP has to think of the profitability aspect. Acquisition will also include the liabilities of the company which will be added to the cost of acquisition and also the regulations will be applicable as the same. Since BP was banned in the US market So it was difficult to operate the business in that market after acquisition. These are the factors which will influence the decision of the leaders of the acquiring company. When an company takeover another company the problem arises in the management level which destroy the continuity of the leadership in the target company. It was found that there was an average 20% loss of the senior executive after the merger process. From the outcome of this research the acquiring company will remain in an unstable position at least for next ten years which will be an obstruction towards the profitability of the organization (Grondin, Thibault and Qurel, 2014). Will Low Oil Price Accelerate Bid or another Barrier? In most of the research, it has been observed that the economy of US has been considered as one of the popular and the biggest oil consumer. In most of the cases, now days, the management have been focusing on the relatively lower prices so that it can be able to reduce the energy consumption. First of all the cartel need to make the restart of the authority over the prices of the oil so that the crude values can also be varied in between the nations. In this case, the relative production cost need to be varied in between the nations (Jacoby, 2012). The nations also need to increase the spending so that the unemployment can be reduced. Most of the nations need to push the prices so that the cuts in the production can be managed. In most of the debates, it has been observed that the nations have been developing some of the aspects so that the international oil prices can be made higher. They are planning to induce the prices at the break-even points so that so that they can be able to meet the demands of the customers. It will not only lead to an increase of the profits, but at the same time, it will also lead to an increase of the growth within the economy. It will help in reducing the demand of the oil with the help of the efficient utilization of the energy resources (Rodriguez and Soeder, 2015). In this way, the geopolitical risk can be minimized easily. In many cases, it has been observed that the market segmentation of the oil have been changed and for this reason , the demand for the oil as well as the supply for the oil have also been changing at a rapid rate. It will hurt the producing countries, at the same time have also reduced the prices, and at the same time have reduced the costs of the farmers. Therefore, in this case, the aim of the government is to make an intervention so that the prices can be pushed up and at the same time, the cheaper cost of the energy can be made available (Rusco, n.d.). The suppliers of the energy are resisting on the gases. The fuel price not only hurts the consumers but at the same time, it is also hurting the farmers as well as the manufacturers. In many cases, it has been observed that they have been hurting the government and at the same time, they are weakening the economy. In this way , the government professional have been discouraged in many ways and in many cases , it has been observed that the lower price levels of the fuel have been decreasing the carbon as well as also decreasing the economic perspectives. Too many governments need to cut the business so that the prices can be controlled and at the same time, the food costs can be reduced properly (Telegraph.co.uk, 2012). In most of the cases, the supermarkets have been facing the problems regarding the cutting of the costs. The low gas price can be able to create the subsidies for the new creators and at the same time, it will not disappoint the government as well as delighting the environmentalists. By this way, the domestic producers can be absorbed and in this way, the monopolization within the economy will be increased at a substantial amount. It is not at all considered one of the simplistic issues but at the same time, the political rivals have also been destructed. The pressure that has been induced are political in nature and it will help in reducing the loss (Thompson, n.d.). Reference List Berdowski, J., Schulten, R., Tijssen, J., van Alem, A. and Koster, R. (2010). Delaying a shock after takeover from the automated external defibrillator by paramedics is associated with decreased survival.Resuscitation, 81(3), pp.287-292. Berthelot, S., Coulmont, M. and Thibault, K. (2013). Sustainability Content on Oil and Gas Company Websites.BMR, 2(1). BOND, D. (2013). GOVERNING DISASTER: The Political Life of the Environment during the BP Oil Spill.Cultural Anthropology, 28(4), pp.694-715. Bozeman, B. (2011). The 2010 BP Gulf of Mexico oil spill: Implications for theory of organizational disaster.Technology in Society, 33(3-4), pp.244-252. Dauwalter, D. (2013). Fish assemblage associations and thresholds with existing and projected oil and gas development.Fish Manag Ecol, 20(4), pp.289-301. Google.com, (2015).Redirecting. [online] Available at: https://www.google.com/url?q=http%3A%2F%2Fwww.ukessays.com%2Fessays%2Fcommerce%2Ftakeover-mergers-acquisitions-case-study-of-british-petroleum-commerce-essay.phpsa=Dsntz=1usg=AFQjCNHizW_oc70KkfyIiokPPT5alWt6qQ [Accessed 1 Jul. 2015]. Grondin, O., Thibault, L. and Qurel, C. (2014). Energy Management Strategies for Diesel Hybrid Electric Vehicle.Oil Gas Science and Technology Revue dIFP Energies nouvelles, 70(1), pp.125-141. Jacoby, D. (2012).Optimal supply chain management in oil, gas, and power generation. Tulsa, Okla.: PennWell Corp. JARVIS, L. (2010). SANOFI COMES OUT WITH GENZYME BID.Chem. Eng. News, 88(36), p.13. Price-Howard, K. and Holladay, P. (2014). Resorts, Resilience and Retention Ater the BP Oil Spill Disaster of 2010.Journal of Tourism Insights, 5(1). Rodriguez, R. and Soeder, D. (2015). Evolving water management practices in shale oil gas development.Journal of Unconventional Oil and Gas Resources, 10, pp.18-24. Rusco, F. (n.d.).Oil and gas management, continued attention to Interior's human capital challenges is needed : testimony before the Subcommittee on Energy and Mineral Resources, Committee on Natural Resources, House of Representatives. Telegraph.co.uk, (2012).A history of BP's US disasters. [online] Available at: https://www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/9680589/A-history-of-BPs-US-disasters.html [Accessed 1 Jul. 2015]. Thompson, R. (n.d.). Takeover Regulation After the 'Convergence' of Corporate Law.SSRN Journal. Wang, H. (n.d.).Successful business dealings and management with China oil, gas and chemical giants. Wilson, A. (2013). Reservoir Management for World's First Thermal Gas/Oil Gravity-Drainage Project.Journal of Petroleum Technology, 65(03), pp.140-143.

What Is Narrator Narrator Is The Voice The Author Creates To Tell The

What is narrator? Narrator is the voice the author creates to tell the story. The possible ways of telling a story are many, and more than one way can be worked into a single story. Conventionally, the various narrators that storytellers draw upon can be grouped into four broad groups: the third-person narrator, the first-person narrator, the omniscient narrator and the witness narrator. After reading William Faulkner's A Rose For Emily ,Edora Welty's A Worn Path, Richard Wright's The Man Who Was Almost A Man and Katherine Anne Porter's The Jilting of Granny Weatherall, I want to discuss what type of the narrative voice the four writers create in their own stories. A witness narrator is who tells only what they see or hear through their perspectives. For example, in William Faulkner's A Rose for Emily which is about an insane woman who kills her man and sleeps with the dead man for ten years, I can find that there is an example of witness narrator. The author, William Faulkner, uses the Jefferson town people as witness to create the town's view about Emily. After the town noticed there was a stinky smell from Miss Grierson house , they asked Judge Stevens to send her word to stop it( Faulkner,337). The town people discussed about the stinky smell from Emily 's house, they were the observers. A first-person narrator is when the narrator speaks using I or We pronouns. We can see such first-person narrator in both A Rose For Emily and The Man Who Was Almost A Man. Faulkner uses the town people as observers in A Rose For Emily but his we, though plural and representative if the town's view of Emily, is definitely a first-person narrator. Just as in the article where it says We did not say she was crazy then. We believed she had to do that. We remembered all the young men her father driven away, and we knew...(338).