Choc Delux Liability Under the Tort of Negligence Free Essay Example, 1000 words

According to English law for tort of negligence, claimant (Kim) needs to prove number decision points to help the court to find evidences of negligence showed by Choc Delux. Decision Point 1: In order to prove evidence of negligence, Claimant (Kim) will need to show that defendant (Choc Delux) owed the duty of care towards claimant (Harlow, 2005). In similar context, the case of ‘Donoghue versus Stevenson’ can be used as reference point. In that case, House of Lords gave verdict that in case of generally duty being assumed by Claimant, evidence of negligence cannot be proved. However, in this case, Claimant (Kim) is customer defendant (Choc Delux) and defendant gifted the cake to Claimant. Therefore, Choc Delux owed the duty of care towards Kim. Decision Point 2: After showing that Choc Delux owed her duty of care, Claimant (Kim) needs to prove that defendant (Choc Delux) is at fault or the defendant (Choc Delux) has breached its duty of care. In such context, first, the courts determine the standard of care that Choc Delux owed to Kim. We will write a custom essay sample on Choc Delux: Liability Under the Tort of Negligence or any topic specifically for you Only $17.96 $11.86/pageorder now Although, there is no written contract between Claimants (Kim) is customer defendant (Choc Delux) but breach of duty can be proved the court by using the clause of business ethics and quality standards (Marcy, Gentry and McKinnon, 2008). As a result, it is reasonable to think that the court will find evidence for breach of duty of care by defendant (Choc Delux). Decision Point 3: At this phase, Claimant (Kim) needs show that breach of duty by defendant (Choc Delux) caused the damage (physical injury and monetary expense of  £10,000). The court will use ‘but-for’ test to determine the validity of claim by the Claimant (Kim) (Harlow, 2005). Court will ask the question, â€Å"but for the Choc Delux’s (defendant)’ tort, would Kim (Claimant) have suffered the loss. In such case, Kim can use the doctor’s diagnosis, medical reports to show that damage was caused by the defendant (Choc Delux). In extreme case, chemical tests can be conducted to show that ‘false finger nail’ was part of the wedding cake when it was delivered by defendant (Choc Delux). Decision Point 4: finally, damage suffered by Claimant (Kim) must be part of the damage that can be recovered under English law for tort of negligence. Kim’s case is not loss of chance to avoid damage (physical injury and monetary expense of  £10,000). Therefore, it will not be difficult for Kim to pass the 4th decision point (Lewis, Morris and Oliphant, 2006). All the four decision points are in favour of Claimant (Kim) and these criteria can be fulfilled by Kim in the court.

Running Head North Sea Oil and Gas Free Essays

Every business or industry is prone to various risks which include floods, earthquake, terrorists which the industry should put mechanisms in place to avoid such. Effective contingency planning has been of importance to most industries that embrace the idea. North Sea oil and Gas has for a long time been prone to the problem of changing weather conditions which is especially experienced in the sea. We will write a custom essay sample on Running Head: North Sea Oil and Gas or any similar topic only for you Order Now The companies that exploit the North Sea oil and gas have put a lot of emphasis on risk management and most of the companies have set up risk management departments (Leslie and Michaels, 1997). Numerous deaths had occurred during the exploitation of North Sea oil and gas in the 1970s and 1980s and this called for effective contingency planning to reduce the losses incurred by loosing workforce and by spillage of oil and gas due to buckles. The companies that exploit the gas and oil have invested in the contingency planning as a way of way of managing the risks (Leslie and Michaels, 1997). North Sea oil and gas has been a source of wealth to the countries that exploit the resource. North Sea oil has been used to refer to the oil and natural gas exists beneath the North Sea. The countries that exploit the North Sea oil and gas include Netherlands, Norway, Germany, United Kingdom and Denmark. Most countries and especially companies that have been given license to exploit the resource have taken proactive measures of risk. Mining beneath the sea has led to many deaths of the people involved and this has called for heavy investment in risk management projects undertaken by the companies. The pipes that transfer the oil and natural gas from underground reservoirs to processing plants which are mainly located some distance from the sea must be strong to withstand the waves in the sea. Depending on weather changes, waves differ in their height and this call for contingency planning otherwise heavy losses are incurred by the particular company (Leslie and Michaels, 1997). In the 1970s, the North Sea oil a gas companies took proactive measures to avoid heavy losses that resulted when waves exceeded the height of 3 meters. The operators laid many pipes which assumed the shape of S to maintain smoothness between the large barge and the ocean floor. The operators used bow anchors to further buckles by raising and resetting the pipes at the barges. The operators had to be keen because improper lowering of pipes would result into a pipe buckle which presented a serious threat in laying the pipes. The excessive height of waves which exceeded the anticipated height resulted in further risk of pipe buckles due to uncontrolled lowering of pipes. The companies therefore had to purchase a large number of steel pipes to avoid delays incase of any pipe buckle and this methods was not cost effective as the company would have desired. Any proactive measure that is taken to manage risk should be cost effective, utility effective and must therefore be maximizing benefits for the company while minimizing cost (Leslie and Michaels, 1997). An effective contingency planning in managing risks in project requires good planning and coordination of all the stakeholders in the project to ensure maximum desirable result. Risk management involves taking measures in dealing with uncertainty. The North Sea and oil contingency planning that was adopted in 19790s involves dealing with uncertainty because in favorable weather conditions, there is less cost involved in dealing with risks since pipe buckles will be few and hence very few new pipes will be required to be laid. However, since it’s hard to predict the height of the waves in the sea which can cause heavy losses if unchecked, the companies that explore the oil and gas in the areas must take precautionary measures (Leslie and Michaels, 1997). Exploration of North Sea oil any natural gas involves making wealth for the companies that are undertaking the projects. The importance of contingency planning in the exploration project is very essential in risk management because it’s used to assess the possibility of bad weather condition which is a threat to the project. The assessment is consequently used to reduce the possibility of underperformance that may be realized when no measures are undertaken to reduce or avoid the pipe buckles. The cost of replacing buckled pipes reduces the profit margin that is realized in the project and therefore effective contingency planning help to manage the risk. Effective contingency planning helps to capture the benefits of fair weather. Uncertainty about weather conditions is a threat that faces the North Sea offshore pipe laying. If effective contingency planning is observed, long periods of bad weather can be sustained because the project major should be able to recognize and deal with the bad condition threat which is inevitable. The project managers should ensure there is plenty supply of pipes during bad weather condition to avoid delays in replacing the buckle pipes. The project managers should observe good contingency planning by ensuring that the oil and gas pipeline are complete before the bad weather sets in and this will assist in reducing the costs associated with contingency planning. Laying pipelines in time helps in avoiding major delays in the project which may result in heavy monetary losses. Contingency planning for reducing possible threats that are associated with North Sea and oil exploration could be a possible way of increasing income to the companies that are undertaking the project. American project management institute (PMI) argue that there is a possible opportunity associated with the risks that threaten the project in winter, bad weather conditions has been known to lead to gas shortage in most cities which due to law of demand, the prices increase. This could be an opportunity for those companies that are concerned with the project. Effective contingency planning in managing risk North Sea oil and gas has created an opportunity to the companies undertaking the project. This is attributed to the precautions taken by the companies in anticipation of bad weather threat. The project involves paying for delivery before the contract begins. Most companies that want to protect themselves from the deficient supply of the resources therefore buy the resources before the contract begins. The high demand has contributed to higher revenue derived from the project and this consequently results to higher profitability (Leslie and Michaels, 1997). Contingency planning which is mainly associated with managing risks should not only focus on the threats that hamper the success of the project but should also view threats as an opportunity to achieve the objectives of the project. Achievement of objectives means the project has succeeded. Therefore effective contingency planning in addressing risks should recognize the close relationship of threats and opportunities. The actions taken by the project manager in reducing the risks should seek to create an opportunity for excellence (Leslie and Michaels, 1997). Effective contingency planning should not focus on managing threats. Instead the project should seek to identify the different sources of risks and consequently how to manage the risks. Focus on risks draw emphasis on the anticipated failure. Therefore, assessing the various sources of uncertainty and how those uncertainties can be a threat to the project and consequently how to manage the uncertainties involves application of effective contingency planning. North Sea oil and gas exploration is associated with many uncertainties which present various threats to the project. Focus on the opportunities created by the uncertainties management can lead to profitability and success of the project. The project manager should identify the origins of uncertainties instead of managing risk first and this will assist in addressing the root of the problem. Most projects have failed to meet the set objectives due to their failure to address the root of the problems. Superficial problem solving has led undesirable results. Therefore identification of the source of uncertainties should be considered as the beginning of the risk management process in effective contingency planning (Leslie and Michaels, 1997). Uncertainty is present in every project and in all stages of the project life cycle (PLC). The uncertainty is contributed by various reasons which are inevitable. All projects success is based on various assumptions which are the main sources of uncertainties. Differences in the performance of project concerning cost, quality and duration that is required to complete the project bring a lot of uncertainties. In laying pipes in the ocean in a way that will avoid pipe buckles involved a lot of uncertainties. This is attributed to the changing weather conditions. Its hard to forecast the height of the waves in the ocean in a particular season and this present source of uncertainties since its hard to know with certainty the cost of dealing with the threat since its hard to tell the amount of pipes to be knocked down and therefore requiring replacement (Leslie and Michaels, 1997). Proactive risk management in the North Sea oil and gas project should be entrenched in both base plans and contingency plans. It’s argued that if a project focuses very much on being cost effective it’s bound to fail on risk management in some occasions. However, crisis management should only be used as principal management in some occasions. However, crisis management should only be used as principal management mode if the risk management fails completely (Leslie and Michaels, 1997). References Leslie, Keith, J. and Michaels, Max, P. â€Å"The Real Power of Real Options†. The McKinsey Quarterly 3 (1997):134-225. How to cite Running Head: North Sea Oil and Gas, Essay examples

Implementing Process Management

Question: Prepare a blog on implementing process management in 500 Words. Answer: This blog talks about running the flourishing Enterprise Resource Planning (ERP) projects through planning, implementing and operating by means of Risk management system. It centers on the classification of chief issues in running ERP projects and mounting a risk management structure; planned by investigating the risk and efficiency in the ERP executing projects and recognizing the risk aspects to create some ideas in the extenuating dimensions. In particular, this method made easy the recognition of main issues in the running of ERP projects and the growth of a model for administrating the rising risk issues. These days, business has distorted to the global market. It gives various challenges to an organization by accepting ERP system to achieve competitive advantages presentation, together with attaining customer anticipation and market growth. The rationale is ERP can help out them, particularly big projects in the explanation of the disintegration concerns by incorporating all or ganizations workflow. Furthermore, there are chief issues in the commencement projects that the effects these systems process. There are many issues in applying ERP projects which include matters associated with IT, managerial change, and project management. For example, there are risks such as holdups in conducting over sign-off and consequences of other projects on ERP have important impacts on project management. Inadequate business wealth and holdups in making alteration to a bequest system have high impact on organizational change. Likewise, negligence of overall IT architecture results noteworthy impact on IT associated processes. Also, a flourishing ERP execution engages numerous factors like: Apparent the goal of business planned. Top management has tough obligations. Exceptional project management Change Management organizational. An outstanding implementation group Give high-quality learning and training. Focus on measuring performance. The frameworks of risk management are recognizing, classifying, and evaluating, administrating, and finishing risk. Managing risk across diverse stages of project and equivalent stress to efficient project management, organizational change and IT acceptance are some of the key factors in accomplishment of ERP implementation (Dey, Clegg Bennett, 2010). It is the method to execute the business in the market. In addition, an organization can use the roll-out plan, which can sustain business processes. A flourishing project management requires several checklists in some tasks; which are (Becker, Kugeler, Rosemann, 2011): Influence; Information and training; Training and consultancy; Sensibility; Motivation; Documentation, which must be crystal clear in the business procedures and documenting some, recognized report accomplishments. Organizations regularly put Process Management into practice for an array of motives. Nonetheless, the major motivation is to be further competitive in the powerful rivalry of todays financial system. A bulk of company leaders are forced to be aggressive through enhanced contributions and the accomplishment of improved efficiency, while at the same time falling overall costs and proceeding business processes. ERP systems offer considerable profits but their implementations engage considerable capital pay outs and lofty breakdown risks (Zeng, 2010). References Becker, J., Kugeler, M., Rosemann, M., 2011,Process Management : A Guide for the Design of Business Processes, 2ndedition, Springer, Berlin, Heidelberg. Dey, P., Clegg, B., Bennett, D., 2010. Managing enterprise resource planning projects.Business Process Management Journal,16, 2 (2010), pp. 282-296. Zeng, Y., 2010. Risk management for enterprise resource planning system implementation in project-based firms.

Quizbowl free essay sample

After lunch, announcements are read over the publicaddress system at my school. When the teacher comes to Quizbowl in room212, I erupt, Yea, Quizbowl! Do not get the wrongimpression Quizbowl is not an important or even a well-liked organization. Infact, compared with the majority of activities, it is at the bottom of the list.Those who advocate Quizbowl are often shunned, and I am the leader of theseoutcasts. But to those who are members, Quizbowl is hard-core, unadulterated fun.As captain, I have thoroughly annoyed many high-ranking school officials on itsbehalf. As one teacher proclaimed, Quizbowl is my baby. In order tounderstand fully my role in Quizbowl and how this intellectual experience givesme such satisfaction, an explanation of the game is required. Quizbowl is, simplyput, a mind game. Our battlefield is (usually) a table, and our weapons are ourbrains. It is best described as Jeopardy! with teams. Teams buzz inanswers with points awarded per question, and occasionally teams lose points forearly, incorrect answers. We will write a custom essay sample on Quizbowl or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Depending on the tournament, there may be one or twoopponents, bonus questions, different types of questions in different rounds andmany other idiosyncrasies. The captains job is not only to lead the team, answerquestions and delegate responsibility, but also to inform teammates of the rules,when they should and should not guess and what strategies to take. Thereare two reasons this intellectual activity gives me so much satisfaction. First,it is not very popular, and the fact that I have helped cultivate interest andmotivate members is a serious accomplishment. The other is that we did fairlywell this year; at one tournament we placed higher than we have in manyyears. The lack of support for the team does surprise me, for I findQuizbowl as exhilarating as a basketball game or tennis match. Fans who watchedus play at our high-placing tournament were in for a treat. There, three teamsplayed at a time, with each guaranteed three matches. The first-, second- andthird-place teams received three, two and one point(s), respectively. Normally ateam needs a score of six to advance. In our first match we were in last place,down by five, with time running out. While the last question was being read, oneof the other teams buzzed in incorrectly and early, getting a 5-point penalty. Ibuzzed in, receiving an awkward look from the moderator. His face seemed to say,Hey, kid, they just got it wrong. I am going to read the whole question foryou. What are you doing? My answer, however, was correct, which brought usinto second place and in contention for the hallowed afternoon rounds. We placedsecond in our second match, which included the challenge of playing last ye arschampions. Our third match was like our first, a nail-biter to the finish. Weended up in exactly the same situation no time left as the last question wasread. One of my teammates buzzed in, and from that point on my memory replays inslow motion. He declared his answer in that slow, deep, wave-like voice one hearsat a suspenseful juncture in a movie. He was correct, we received a bonusquestion (which we also answered correctly) and we won. How can that not be asexhilarating as hitting a home run at the bottom of the ninth with the basesloaded? Our team earned seven points and placed 34th out of 80 schools.Unfortunately, only the top 32 teams advance. Teddy Roosevelt once saidsomething along the lines that there is nothing in life more satisfying thanworking hard at something worth doing. That is why Quizbowl is so important to meand such a great intellectual experience. The team has overcome adversity notonly in competition, but also in its lack of support. I am proud to say that, tosome extent, I am responsible for this.

Multiple Intelligences Essays

Multiple Intelligences Essays Multiple Intelligences Essay Multiple Intelligences Essay Name: Instructor: Course: Date: Multiple Intelligences Intelligence is an inborn ability that can be tested by specific assessment methods. One has to be intelligent to pass the tests given to them. Intelligence is a natural attribute that cannot be acquired from other human beings. An intelligent person is an all-rounded individual skilled in diverse subjects. It constitutes the ability to address specific problems that plague their community. An intelligent person finds methods and ways through which certain problems in society can be solved. The relationship between culture and intelligence is based on the notion that intelligence is aimed at solving specific cultural problems. Intelligence is used to identify the problem and then create solutions to that problem. Intelligence also creates culturally compatible ways to transmit ideas and problem solving knowledge to the community. There are certain cultural roles that require the problem solving ability of intelligent individuals. These cultural roles can however only be solved by a combination of intelligences. Society values logical or mathematical intelligence highly because it is considered more complex than other intelligences. Even though logical intelligence is complex and reserved to the knowledge of a few it should not be highly considered. Logical intelligence cannot exist alone. It is complemented by the other intelligences. Intelligence functions as a combined force and hence every single intelligence ought to be rated as high as the other. It should therefore be rated at the same level as the other intelligences. Intelligence enables an individual to solve complex cultural and societal problems. An intelligent individual identifies problems in society and creates solutions for these problems. Intelligence also enables people to find out ways through which they can convey the problem solving knowledge they possess to other members of society. It entails sharing vital information with those who are directly affected by the problem in order to prevent further problems from arising. Education on the other hand only measures one’s ability to solve logical and linguistic problems. The educated individual is devoid of problem solving qualities. They are only equipped with class-based knowledge in specific fields compared to the all-rounded intelligent individual. Education considers only particular skills while problem solving requires a combination of multiple skills. Education can enhance the seven forms of intelligence. The intelligence level of students can be enhanced through education when the appropriate teaching methods are used. Education should entail methods that incorporate all the seven intelligences. It should strive to develop students’ particular intelligences rather than concentrate only on logical and linguistic intelligences. Intelligence is not fixed. It can be developed to greater and more productive levels. An example is the students who gradually develop their performances in school and end up being better professionals after school. A student can work hard to develop their particular intelligences and in turn gain more knowledge from the experience they get. It is important to identify the skill combination that an individual to be able to suggest appropriate methods through which such skills can be further developed. Knowledge of all the skills and intelligences will allow one to create the best way to assess such an individual. The problem solving process is not a function of a single intelligence. It is rather the function of a collection of multiple intelligences. Assessing a person’s ability based on single intelligences is not an appropriate method of testing one’s ability. Thus, individuals should be assessed based on their multiple skills to prepare them for suitable careers in the future.

Social media plan Essay Example | Topics and Well Written Essays - 1500 words

Social media plan - Essay Example In principle, numerous firms have embraced the intensive use of the internet for online business operations. The online market is already flooded with firms, which contest for brand recognition and customer loyalty. In addition, with the constant advancements in IT, internet marketing has opened numerous marketing prospects and has become the trend for a number of companies. Gaining competitive advantage being the target of every firm, a well-organized online marketing strategy is critical for the success of the French bookshop. The proposal assumes that the clients know the firm’s products and care about its products. The other assumption is that the Consumers know the products they want and have time to research on the available products. The plan also assumes that consumers will find the entire French Bookshop’s information on the digital landscape. In addition, the clients are assumed to make rational decisions in purchasing the firm’s products. The proposal also assumes that the clients will market the organization’s products by spreading the information about the products of the firm. Studies indicate increasing trends in the online markets within emerging economies. The use of the mobile devices and internet technology has also increased among the younger generation. The firm will take advantage of these inclinations to introduce new products in the target market and create a global brand for its new products (Kotler & Armstrong, 2013). Therefore, the target market for the French Bookshop will mainly consist of young people between the ages eighteen and forty years. The market will consist of individuals who are young, outgoing and full of life. In addition, the French Bookshop will utilize premium tactics to appeal to the specific consumer division thereby augmenting the volume of sales. Studies show that the younger populace between the ages of 24 and

Northcentral's Expectation Research Paper Example | Topics and Well Written Essays - 1000 words

Northcentral's Expectation - Research Paper Example Introduction It is important for the researchers to clearly differentiate and distinguish the quantitative research method and qualitative research method. In order to make sure that the research is properly carried out and the stated aim and objectives are fulfilled in effective and efficient manner, it is essential for the researcher to carefully select the research method. For this purpose, the researcher should be able to clearly distinguish the two research methods from each other. The qualitative research method is descriptive as it focus on depth and details, on the other hand quantitative research method is precise as it focus on the quantity. The research designs in the quantitative research method are more formal and use more numbers and statistics. Apart from this the quantitative research designs are designed for the statistical treatment and analysis. On the other hand, the qualitative research method and designs focus more on different informal sources like words, image s and other things. This in turn, allow the researcher to get hold of the topic being investigated on more personal level. It is also important to acknowledge here that some researchers often use a mix method approach in which both quantitative and qualitative research methods are used. ... For this purpose, researchers also take help from different statistical tests. The numbers are interpreted with the help of different mathematical and statistical techniques for example, mean, frequency, z-score test, and many other. In order to increase the generalization of the research study, there should be large amount of information or data. Researchers normally use different well structured questionnaires and surveys in order to gather quantitative data. Along with this the experimental studies are also common in order to identify and establish causal relationship between difference variables. These experiments are either performed in controlled setting or non controlled setting (Creswell, 2007). In order to come up with the problem statement in the quantitative research study it is first essential to identify different variables which includes confounding variables, covariates, mediating variables, dependent variable, independent variable, etc. Along with this in quantitative research study the researcher has to come up with different research questions and the related proposed hypothesis. The researcher should make sure that the research questions and hypothesis are formulated in such a manner that they are aligned with the problem statement of the research study. Hypotheses are only formulated in the quantitative research study or mix method research study. The quantitative research study focuses on exploring the direct relationship between two or more variables with the help of different tests and experiments. For this reason, in quantitative research studies and mix method research studies it is essential for the researcher to present the operational definition of the