Business Law,law of tort Case Study Example | Topics and Well Written Essays - 2000 words

Business Law,law of tort - Case Study Example Furthermore, the statement 'opponents say that he puts the keys of high powered cars back into the hands of drink drivers is ironical and it is meant to lower his reputation as a celebrity lawyer.' Again look at the words 'stitch him up' as used by the police officers. These words can be interpreted by any ordinary person. The words should not be taken in their ordinary meaning in order to find defamation in them but from the inference which would be drawn by the ordinary person who read the words. i) Substantial damages: The allegations on the newspaper are enormous especially that Nick Freeman was arrested on conspiracy to pervert the course of justice in a bid to protect drunk drivers. It is apparent that these allegations will substantially affect his profession. He should therefore sue the company substantial damages. 2 Special damages: The article would be read by several clients of Nick and his several would-be clients. They may refuse to enter into contracts with him in future. This is likely to financially affect his career in the future. He can the therefore seek special damages for that matter. In the case of Byre v Deare, the plaintiff was a member of a golf club. Some gaming machines were removed from the club following the complaints made to police. Then some typewritten lampoons were placed where the machines were installed and it read a follow:- For many years upon this spot, You heard the sound of the merry bell, Those who were rash and those who were not, Lost and made a spot of cash, But he who gave the game away, May be Byrne in hell rue the day. 3 An action for defamation by the plaintiff did not succeed as it was held that a right thinking person would not view the words as defamatory. ii) Another remedy available to Nick is injunction. Since he is anxiously eager to prevent further publications by the newspaper, he can apply for an injunction. This would compel the court to order the company to stop further publication of information concerning him. 4 Case 2 Fiona Shackleton is currently employed by Payre Hick Beach which was not her employer at the time of the case between Prince of Wales and Diana. But the Evening Standard has gone ahead to print a false statement that it was Payre Hicks Beach firm as a whole which conducted the case when the truth is that it was in fact Farrar's. 5 Fiona Shackleton shall have to proof the following:- i) Justification: - in order for her to successfully sue the defendants, Fiona Shackleton must justify that the words so printed injured her reputation as a lawyer. For that matter, she should argue that these printings would effect a similar case before her, that of Sin Paul Mc Carthey v Lady Mills - Mc Marthey. ii) Reference to the plaintiff: - That the words so printed referred to her. Though in actual sense, there is nowhere her name is mentioned, only the firm's name. She is the one who represented the case into E. Hulton and Co. v Jones. A newspaper published an article that the plaintiff was accused of staying with a woman in France. The defendants alleged that they had invented the name i.e. there was

Don't Know Much About History Essay Example | Topics and Well Written Essays - 1000 words

Don't Know Much About History - Essay Example Nevertheless, in historical ages when American educational system was being conceptualized and developed, no one was interested to view the ideas from various schools of thought as complimentary but everyone was committed to prove that their part of the elephant is the best and they know the creature better than others. The neo-classical philosophers were of the view that schooling system should be designed with the help of their philosophy alone and that of others should be discarded. In the history of American schooling system, four distinct intellectual groups tried to influence the educational system and mechanism of the country. The first group is known as the humanistic school of thought that argued that schooling system must be designed in such a way that it should help in communication, prioritization and internalization of cultural norms and civic concepts in the mind of the next generation. The second group was in love with the novel concept of child development and conveye d that the schooling system must insure psychological and spiritual growth of students. The growth of students must be attained with the help of modifying and designing teaching and schooling according to various different needs of the students (Kliebard pp. 148). Then, another intellectual group emerged and it said that the schools must make the students learn the art and science of being a contributive human being. The focus of this group remained on the societal role of the individual in carrying forward the entire society in terms of economics, arts, and sciences. Finally, the re-constructivist approach appeared that stated that the schools are there to bring a vast scale social and political change in the community every now and then (Kliebard pp. 150). Highlights of Dinner with Philosophers from all Educational School of Thought Eliot invited Hall, Ayres and Counts to the dinner. Everyone was on time except Counts because he was busy in delivering lecture at the university and therefore, got late but rushed into the event approximately half an hour after its commencement. He apologized to everyone on the table, dragged his chair near to the host, and greeted him with warmth and respect. However, when he saw signs of annoyance on others’ faces then he seek refuge into stuffing his plate. The intellectual discussion started after the first round of wine and the host himself initiated it. He initially said that American schooling system is outdated and therefore, needs serious restructuring. He also added that he believes that the notion of ethics and civic virtue should be engraved in the students so that they should not indulge in crimes. Counts jumped into the discussion and argued that ethical standards of the society are closely related and correlated with economic outlook of the society and therefore, a man with a full belly can talk about righteousness. Ayres commented that we should classify our children into various groups in the light of th eir interests and capabilities and modify our teaching practices according to their learning needs. The discussion carried out and soon became a quarrel. The intellectual fight was interrupted by Counts when he noted that not all of the present approaches towards education are divergent but indeed, they are leading to the same objective that is human evolution. Everyone was stunned by the observation because each person was looking to

Starbucks Service Marketing Case Study Example | Topics and Well Written Essays - 4000 words

Starbucks Service Marketing - Case Study Example Starbucks is one of the most-known names in the industry of coffee marketing services. The creation of a unique taste that carries the trademark of the business has made it possible for the owner of the organization to make a great name in the face of global market. Undeniably, this strategy of making everything unique while continuously developing has helped the entire business to make it possible for every plan to get along with the aims of the business. In this study, an understanding on how Starbucks operates as a part of the modern industry of commerce and servicing businesses in the world making it possible to make a great name known to many markets around the globe. Primarily, this paper shall focus on how much the business is able to create effective marketing strategies that are noted to have a great impact on the global recognition of the business' trademark. In the aspect of providing specific services to the public in exchange of personal gains mainly the profit, marketing plays an important role. Using effective marketing strategies, one can actually publicly discuss their intentions and the nature of their services to the society attracting prospective clients willingly to avail it as an answer to their respective needs. One of the most important elements to be considered in marketing services in the public is the aspect of pricing. Pricing basically identify one's offered services apart from the others. This concept, if used properly, can be a significant advantage of the one offering or a detrimental factor to the public identity of the person or corporation offering the service. Thus, the important elements regarding pricing must always be considered in effectively applying this approach. In the aspect of pricing, one must always consider competition with the general group and with the other entities offering the same service. The established price must be competitive to that of the others with an attractive nature with the general public to convert them to prospective clients. The price must cater to the public giving them the capability to acknowledge and utilize the service being offered by that of the specific servicing entity. Another element is the quality wherein the price can significantly stand as a marketing agent for the quality of the service. The price should be established not too low to be viewed as a low quality service but not too high to become an expansive mean of acquiring the said service. The price must be determined in the middle signifying that it is commensurable to a high-quality service in the cheapest possible approach. In addition, the price must also be established as appropriately synchronize with the present economic condition and pref erence of the society making it highly noticeable in the present market. In determining the effective price in the aspect of marketing services in the public, one must critically consider the important elements such as economic competition, quality identity, current market trends, and the public preferences regarding the service being offered. With a significant consideration of the said concept, servicing companies can establish an

Don't Know Much About History Essay Example | Topics and Well Written Essays - 1000 words

Don't Know Much About History - Essay Example Nevertheless, in historical ages when American educational system was being conceptualized and developed, no one was interested to view the ideas from various schools of thought as complimentary but everyone was committed to prove that their part of the elephant is the best and they know the creature better than others. The neo-classical philosophers were of the view that schooling system should be designed with the help of their philosophy alone and that of others should be discarded. In the history of American schooling system, four distinct intellectual groups tried to influence the educational system and mechanism of the country. The first group is known as the humanistic school of thought that argued that schooling system must be designed in such a way that it should help in communication, prioritization and internalization of cultural norms and civic concepts in the mind of the next generation. The second group was in love with the novel concept of child development and conveye d that the schooling system must insure psychological and spiritual growth of students. The growth of students must be attained with the help of modifying and designing teaching and schooling according to various different needs of the students (Kliebard pp. 148). Then, another intellectual group emerged and it said that the schools must make the students learn the art and science of being a contributive human being. The focus of this group remained on the societal role of the individual in carrying forward the entire society in terms of economics, arts, and sciences. Finally, the re-constructivist approach appeared that stated that the schools are there to bring a vast scale social and political change in the community every now and then (Kliebard pp. 150). Highlights of Dinner with Philosophers from all Educational School of Thought Eliot invited Hall, Ayres and Counts to the dinner. Everyone was on time except Counts because he was busy in delivering lecture at the university and therefore, got late but rushed into the event approximately half an hour after its commencement. He apologized to everyone on the table, dragged his chair near to the host, and greeted him with warmth and respect. However, when he saw signs of annoyance on others’ faces then he seek refuge into stuffing his plate. The intellectual discussion started after the first round of wine and the host himself initiated it. He initially said that American schooling system is outdated and therefore, needs serious restructuring. He also added that he believes that the notion of ethics and civic virtue should be engraved in the students so that they should not indulge in crimes. Counts jumped into the discussion and argued that ethical standards of the society are closely related and correlated with economic outlook of the society and therefore, a man with a full belly can talk about righteousness. Ayres commented that we should classify our children into various groups in the light of th eir interests and capabilities and modify our teaching practices according to their learning needs. The discussion carried out and soon became a quarrel. The intellectual fight was interrupted by Counts when he noted that not all of the present approaches towards education are divergent but indeed, they are leading to the same objective that is human evolution. Everyone was stunned by the observation because each person was looking to

Compare and Contrast Your art work to a Fantastic Artists Work Assignment

Compare and Contrast Your art work to a Fantastic Artists Work - Assignment Example His work was influenced by works on cubism and was reported to manifest characteristics and features such as â€Å"soothing poetic, personal stories based on Belarusian folklore and the artists Jewish heritage† (The Penn State College of Arts and Architecture 1). As indicated in his website, most of his art works were inspired by themes from the Bible and likewise incorporated works and elements from the religious life in Russia and from folklore (Marc Chagall Paintings). In analyzing the â€Å"Self-portrait with seven fingers†, one is amazed at the vividness and colorful rendition of his self-portrait and the influence of both cubism and fantastic art are clearly exemplified. As the artist, he was shown in painting a scene apparently from a farm or native village. His image was shown dressed formally for a special event, with his curls distinctly eminent and he was apparently portrayed with his left leg apparently raised or resting on the easel. At the background, viewers see the image of the Eiffel Tower at the backdrop and the walls of his abode were in deep and matte shades of red. Other colors of pink, blue, green, yellow, brown, and black were also used. The seven fingers on his left hand signify the artist’s preference for fantastic art by symbolizing that apparently more vibrant images could be created. Source: Fantasy Art of men’s faces at the background. Marc Chagall’s work is related to one’s art work in terms of expressing fantastic art through personal interpretation of one self. There is disparity in terms of SPACING where one’s work placed various images near the focal point but at a DISTANCE. On the contrary, Chagall’s work clearly DELINEATED IMAGES, and the LIGHT AND DARK colors contributed to depicting nearness and distance. One’s own art work likewise was effective in using SHADOWS to emphasize background images in contrast to the Overall, these works of art portray expressions of

Native Americans and Early American Colonists Essay Example for Free

Native Americans and Early American Colonists Essay Grade school and even beginning level college history classes have taught early American exploration from a largely one sided view of the conflict between early explorers and Native Americans. The traditional image of the Native Americans as the sole victims, is an oversimplification of the conflict that existed between early explorers, settlers and Native Americans. Through the readings from Columbus, Bradford and some selected Native American writings, the traditional view of the Native American victim will be challenged and a broader view of the conflict will be presented. Columbus set out to explore a new land under the Spanish flag to bring riches and fame to Spain and the throne. In his letter to Santangel, Columbus (1493) explained how he hoped to find â€Å"great cities† and â€Å"king[s]† but instead found a primitive people and settlements he described as â€Å"small hamlets† that he viewed quite devolved from the bustling civilizations of Europe (pg. 26). One can clearly see, that Columbus’s hopes of finding rich kingdoms and cultures were dashed; instead his presence was met with resistance from the â€Å"Indians†. This relationship with the natives was described by Baym et. all (2008) as â€Å"disordered and bloody† (pg. 25). These natives were mistreated even though one could argue that they â€Å"threw the first punch† but, as Baym et. all (2008) describes earlier in the chapter, the Natives were not merely victims. They strategically used alliances with explorers and settlers to further their own interests and disputes with warring tribes and peoples. William Bradford (1897) describes quite a different account of his coming to the new world. He was part of a group of â€Å"pilgrims† seeking religious freedom. He likens their arrival to the new world, to the story in Acts were the apostles are met with such aggression from barbarians â€Å"who were readier to fill their sides full of arrows† (pg. 60). Later on in his account, he describes an attack they received from the natives he described as â€Å"enemies† (pg. 64). Later on in his account, Bradford (1897) describes some awful events surrounding early accounts of settler and native interactions in which the Native Americans treated the english as â€Å"worse than slaves† and were sent around and â€Å"ma[d]e sport with† (pg. 70). One last important viewpoint to give credence to is that of the Natives themselves. This account is unique and oftentimes not told. The first story mentioned is that of the freeing of John Smith as a ceremonial act that the natives hoped would earn them respect from the English. This instead had the opposite effect and eventually brought about an attack from the natives which killed over 500 colonists. In a speech from Pontiac (1763) he expresses concern over his people forgetting their heritage and blaming the English for the polluting of his people’s culture and beliefs. He holds the English in complete responsibility and calls for their blood. The traditional view of the natives as the sole victim is an oversimplification of the problems revolving around immigration and cultural diversity. Just from these three personal accounts from the time period we have three very different views of the issue. So, to say that one peoples are the victim is a gross oversimplification and misrepresentation of history. Columbus, C. (1493). Letter to Luis de Santagel Regarding the First Voyage. In Baym, N. (Ed. ). (2008). The Norton Anthology of American Literature (seventh ed., pp. 24-28). New York, NY: W. W. Norton Company, Inc. Bradford, W. (1897). Of Plymouth Plantation. In Baym, N. (Ed. ). (2008). The Norton Anthology of American Literature (seventh ed. , pp. 57-74). New York, NY: W. W. Norton Company, Inc. Pontiac (1763). Speech at Detroit. In Baym, N. (Ed. ). (2008). The Norton Anthology of American Literature (seventh ed. , pp. 208-209). New York, NY: W. W. Norton Company, Inc. Baym, N. (Ed. ). (2008). The Norton Anthology of American Literature (seventh ed. , pp. 1-218). New York, NY: W. W. Norton Company, Inc.

Measuring Happiness And Influences On Happiness Philosophy Essay

Measuring Happiness And Influences On Happiness Philosophy Essay Measuring happiness is a subjective study in determining what values that people use to consider themselves truly happy. Happiness in general depends on many factors: the persons expectations, the uncertainty of the result, how much control a person feels he or she has over the result, comparison with other results, alternative ways to get a result, how a person values the results and the persons goals in general (Hewson 41). How happy a person is can depend on what the person expected from any given outcome in relation to events. For example, if the happiness factor is measured by how much value is seen in an object or event, as minus how much value was expected from the same result, then, there is a gap between what the person got and what the person expected to get. This is somewhat like the profit measured in a business deal, Profit = Income Costs (Hewson 43). Therefore, deciding if a person is happy or not depends on whether the same person sees or values an event as positive o r negative, if the result was expected and anticipated, and if the result made the person satisfied or not after the event has passed. Our culture measures happiness by how successful a person is in relation to money earned. In this way, there is a value put on the idea of being successful, having money in the bank and having made it. But many scientists state that once a person has escaped poverty, the more money he or she accumulates will not necessarily buy more happiness for the person, and there will not be a value relation on happiness (Chatzky 28). It is fascinating to note that theres little difference in the overall happiness of millionaires and the middle classà ¢Ã¢â€š ¬Ã‚ ¦.if you are going to spend your money in search of greater happiness, youre better off buying experiences rather than things (Chatzky 28). Many people may agree that our experiences mellow and become more pleasant over time, and even if they are unreasonably embellished, they are still pleasant to recall. In this way, it is considered valuable to have had a relaxing vacation, or spend time with family or explore a new place in the pers ons home town. Some tips to happiness are to find bliss in everyday items by paying attention to the smaller aspects of life, and enjoying the anticipation of preparing for and experiencing a new event. In this way, people can appreciate and measure the value of finding joy in everyday tasks, and living well even with less money. Even biology and genetics can contribute to achieving and finding the value of happiness in our lives. Because the human brain is only 38% developed at birth (unlike other mammals, which are 98% developed at birth), humans need nurturing, enjoy grappling with ideas, sharing their thoughts and improving their education to allow them the essentials for finding happiness in their lives (Foran 573). This is valuable because most people prefer to be challenged, and look for ways to push themselves to achieve, whether in extreme sports, or in working overtime at their jobs to experience the satisfaction of finishing a project on time there is definite value in achievements that lead to a feeling of having conquered something. Happiness is also measured best by being assessed on how people feel on average over a long period of time (Layard 25). It is necessary to study the moods of the masses and determine if their feelings are happy or not, as well as determining if they place a high value on those feelings in general. In one study, women were seen to be happiest at meal times and at the end of the day, which confirms that many people are happiest when they are alone, without the company of others. When looking at the happiness factor of different countries, it is seen that if the average income per person is less than $15,000 per year, any extra money gained will tend to make the person happier. But if the average income is well above this level, a persons happiness seems to be independent of incomeà ¢Ã¢â€š ¬Ã‚ ¦the average American is much richer than the average Icelander or Dane, but also less happy (Layard 25). The reason behind the disparity is that people are always comparing themselves to others, and the stakes are continually rising, keeping real happiness just out of their reach. The two factors most people use to measure their happiness in regards to family income, is that people compare the income that they receive to the income that other people receive, to see if they measure up to or make more money than the other person does. The reference group used by most people is usually a neighbor or group of friends, as opposed to making comparisons to celebrated figures with abnormally high salaries. People also value the time they have to relax to pursue their leisure activities such as: socializing, exercising, meditation, watching TV, preparing food, childcare, internet/mail, doing housework, or commuting to work (Layard 26). These small tasks are what make up the average persons day, but any one task on its own would be considered valuable as a tool for relaxation. For people who consider themselves happy, the absence of any co-variation over time, in regards to their economic situation maintaining stability, would indicate that the measure of happiness lacks validity (Hellevik 243). For people living in Norway, for example, note that their health and family situation have a stronger effect on their happiness, more than any other factor. Happiness was measured as a value in the persons life, if the person did not have to worry about his or her subjective well-being. This meant that the person was less fearful regarding crime, burglary, theft or assaults, terrorism or any other kind of environmental threat to the country (Norway) in general if the person was in good health and had strong familial ties. It has been said in songs and ballads that the simple pleasures of life are the ones that produce the highest factor of joy for those experiencing them (Sikka 515). In bygone primitive societies, humans living tribal family lives felt the deep feelings of being within a loving group, and feeling happy with the connection to others. It is also said that people experienced satisfaction in primitive times, and felt happy in the way common to any living creature, since human beingsà ¢Ã¢â€š ¬Ã‚ ¦were destined by God for a life of harmony and innocent contentment (Sikka 517). Humans also find value in the necessity for labor and physical activity. By using physical effort, the use of the senses, and exercising understanding, attention, memory and decision, this makes up the persons spirit or inner life-force, allowing the reward of such activities to bring happiness and joy (Sikka 526). It is true that happiness is measured in different ways in other cultures. In non-Western cultures, happiness is considered a vague notion which has a general meaning of the person experiencing positive factors and a good life. In fact, the word happiness did not appear in the Chinese language until recently, with happiness being measured as high if the person had longevity, prosperity, health, peace, virtue and a comfortable death as the best values in life (Luo 479). Asian cultures believe that, according to the Yin-Yang theory, there are two universal concepts or opposite forms of nature which control all creations. These forces are constantly changing and evolving, and it is the basis of Taoism theory, which states that well-being is achieved with balance within these forces of nature. The Chinese also believe in dualism, that is where two systems represent the wisdom of the laboring masses and the wisdom of the educated elite, offering different ethics for common and learned peo ple. This wisdom would compare the happiness quotient of a common person to an educated person and the values would be considered subjective for each group. Also, Confucian philosophy shows that the life of each individual person is only a link to the persons ancestors, and each person continues where the ancestors left off (Luo 479). This idea is more than simple reincarnation, it puts the family at the center of a persons life, and makes maintaining relationships in the family unit a priority and measure of happiness. People also value happiness by valuing the health of their family. This is because having better health allows a person to live more happily, earn more money at a job, and spend more on health care for the benefit of better health benefits overall (de Mello Tiongson 594). If a family member (or the person him or herself) is in poor health, this will affect the calculation one would make to determine and measure overall happiness. The happiest people when surveyed on a 10-point life-satisfaction scale, were those who actually earned less money than slightly less happier respondents (Stinchfield 56). These results show that it is an unrealistic expectation to be superhappy, and instead it is more realistic to be somewhat happy with life in general. For people who are moderately happy, it means that they are likelier to try harder to change their lives for the better, such as finding a new job in a different career or performing better at school. When deciding what really matters, it is necessary to prioritize, look for the real meaning of matters or mysteries, seek to nurture a positive attitude, connect with the spirit and inner being, ask if happiness is possible, look for the meaning of life in the right places and being kind to others which all serve to find value in life and happiness in a persons life in general (Ardell 1). Who among us is happy and has found the value of happiness? The unhappiest countries in the world, as determined by a study by Borooah performed in 2006, were the former countries of the Soviet Union and the Eastern European bloc, since seventeen of the 20 unhappiest countries were in this category (Borooah 483). The other three unhappiest countries were Zimbabwe (because of a repressive dictator), Iran (a theocracy) and China (a communist country) (Borooah 483). The happiest countries of the world (at the time of this study) were Australia, New Zealand, Canada and the USA, with Latin American countries running as close second, and including South Africa, Tanzania, Nigeria, and a few Asian countries such as Singapore and Vietnam. Therefore, the measurement of happiness globally depends on the value that the person deciding on happiness puts on the events experienced daily in life. People have the choice to become happy, value everyday experiences and seek positive meanings from their lives for a richer experience and higher quality of life overall.