Monthly Archives: December 2016

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Business Law

Category : Articles

Ealing and Hammersmith west London College

ASPECTS OF CONTRACTS AND NEGLIGENCE IN BUSINESS

SUBMITTED BY: PRATIGYA BARAL SUBMITTED TO: MAXWELL-COLE, ALEXANDER

ID NO: 854164 DATE: 07/01/2013

Table of content

1.1 introduction??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦3
1.2 Who can Sue………………………………………………………………………………….3
1.3 Who can be sued……………………………………………………………………………..4
1.4 Consumer Protection Act and Common Law of negligence??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦..4
2.1 Nature of Liability in Negligence??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦5
Should liability be Strict

2.2 What difference does the Consumer protection Act 1987 really make??¦??¦??¦??¦??¦??¦??¦??¦??¦…6

2.3 type of the Damage to which strict Liability applies??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦6
3.1 Vicarious Liability (Adrian V James)??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦7
3.2 Vicarious liability in different Situations??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦8
3.3 Defences of Volenti??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦8
3.4 Employers Indemnify??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦..9
4.1 Bibliography??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦..10
4.2 Table of Cases??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦.11

1.1 Introduction

This task mainly relates with defective products, consumer protection act and who is liable under the act. To analyse the situation first , it is important to know what defective goods are, where does the claim lies and to decide actual situation it is important to know who brought the product and what are type of damages caused by it . Defective product can be defined as the product which is unreasonably dangerous to persons or to their property.

In the case of Frida and Benny, Frida brought a drill for his husband Benny for his birthday. Shopkeeper explains that drill is cheap because manufacturer gone bankrupt. She also buys a radio for his husband. Later, she also buys some cake from her daughter??™s school. Later when Benny finds his presents he tries to switch on the radio but it doesn??™t work. He also try drill and in couple of minutes it gets very hot and explodes injuring him and burning section of wall. After that, they settle down in front of TV with cake, unfortunately when Frida takes a bite of one of them, she cracks a tooth on a stone. Four weeks later, they read a newspaper report which says that the drill manufacturers are recalling the model of drill that Frida bought because of a scientific report stating that the material that the casing is made from is potentially dangerous. The newspaper story says that the manufacturers had no idea of this before the report was published.

1.2 Who can sue
Beginning with the radio, the main thing is that radio is defective but it hasn??™t caused any physical harm so, it is not dangerous. So the claim is only in the contract. Until now, only the person who brought the product could bring an action for breach of contract. This rule is known as the doctrine of privity and meant that there is no contract claim available. For example, if anyone received defective goods as a gift he/she cannot claim against the defective product. In the case of Donoghue v Stevenson [1932], Mrs. Donoghue was not able to claim in contract, as her friend brought drink for her. But the Right of third parties act [1999] has changed this position. This act overrides the consideration rule by declaring that non contracting parties can now sue to enforce terms in contracts expressly indented to benefit them. Therefore, according to this act Benny can claim. (Whincup).

1.3 Who can be sued
In case of Benny, as manufacturer has been bankrupted he can sue retailer who in turn will sue their supplier and so on back up the chain to the manufacturer.

1.4 Consumer protection act and common law of negligence
In case of drill it has caused physical harm as well as harm to property because of which he will be able to claim under both consumer protection act and common law of negligence. If the product or any component of it are defective its manufacturer are liable for the damage under the consumer protection act or the common law of negligence. Liability may also be imposed on any party who holds itself out to be the producer through the use of a name or trade mark, and any person who imported the product into the European Community, which means Benny can sue retailer as well. (Out-law.com, 2011)
The claimant is likely to find it more advantageous to bring an action for a defective good under the act because it does not require any proof of fault. The act creates liability in producers and importers of products that are defective in that their safety is not such as consumers generally are entitled t o expect and which thereby cause injury or damage to other property. The difference between the claim under the consumer protection act and common law of negligence is that in negligence the injure party must be able to prove the injury and damage cause and must prove that manufacturer has failed to take reasonable care which can be expensive and difficult. Also in this case, manufacturer has posted in newspaper saying that they are recalling model because of a scientific report stating that the material that the casing is made from is potentially dangerous. The newspaper story says that the manufacturers had no idea of this before the report was published. Manufacturer didn??™t know before that drill was potentially dangerous so claiming under the common law of negligence may not be very helpful for Benny. (Pinsent masons, 2011)
For Benny claiming under consumer protection act would be more efficient and easy.
In the case of Roe v minister of health[1954] ???the state of the scientific and technical knowledge at the relevant time was not such that a producer of the products of the same description as the product in the question might be expected to have discovered the defect if it had existed in his products while they were under his control???. This defence can apply where for example a drug turns out to have harmful side effects but at the time when it was launched, no-one in the drug industry would have been able to spot the risk. It is the same case as in Benny??™s case where manufacturer didn??™t know the drill was potentially risky so because of which Benny cannot claim him under common law of negligence.
Finally, in case of the Frida buying cake from her daughters school fair. The consumer protection act is designed to impose liability on business rather than individuals, so it does not apply to goods which have not been supplied in course of business, or with a view to making a profit. So, as Frida got it from school fair and also it potentially caused her harm she cannot claim because it was non- commercial supply. (Quinn, 2005)

2.1 Nature of liability in negligence

Should liability be strict
Some believe that the strict liability for defective product is never y good idea. The main argument used is that the threat of strict liability strangles innovation and enterprises; manufacturers, it is argued, will be less likely to launch new products. If manufacturer are afraid of being sued if products turned out defective, through no fault of the manufacturer, or that the producer taking excessive care so that the cost of the products are pushed up so high that they are priced out of market. The study reported in financial times (9 February 1993) said that this was already happening just six years after the introduction of the Act. This may be huge shame in business industry, but it cannot be compared to the risk of people being killed and injured by defective products.
As far as injury to property is concerned, which may be true- since majority of people have insurance for their property, strict liability for damage to such property is nothing more than just adding up insurance. However, it is not considerable with personal injury. Since the risk of the product innovation comes with potential for huge social benefits rather than in dividable producer, should pay when the risk cause harm, in the form of welfare benefits rather than tort damages. (Quinn C. E., 2005)
2.2 What difference does the consumer protection act 1987 really make
The consumer protection act 1987 does not cover all products nor does it cover all defects, nor all kinds of damage. The limitation period under the Act is strict and, in any case, it does not apply to products supplied before 1988. There are many defences permitted under the consumer protection act 1987, and, if any of these are applicable, the consumer or injured party will be thrown upon the mercy of the common law which, in almost every case, is less adequate; there would never have been any need for the legislation to be introduced otherwise.
In 1995, the European commission conducted a review of the implementation of the product liability directive throughout all member states. The commission noted that the directive is generally regarded as very important throughout Europe and that its implementation makes it easier to obtain compensation for damage caused by defective products by eliminating costly argument about liability at an early stage and encouraging and expediting settlement of claims. However, there is evidence in the UK that consumer claims are being brought under the directive and being settled at an early stage, which is exactly what was intended by the directive (Unsafe Products??™, Reports of the national consumer council, November 1995)

2.3 Type of damage to which strict liability applies
The consumer protection act 1987 only creates strict liability in relation to defective and unsafe products. For example, if a car were to catch fire because of wiring defect, there would not be strict liability under the act, though there could of course be an action in contract by purchaser. If the fire injured the driver or passenger there would be strict liability, and if the car caught fire and caused damaged to other property, there would be strict liability under act.
These issues are raised in Carroll v fearon [1998] in which the victims of a car accident caused by defective tyres succeeded in acclaim against Dunlop, the tyre manufacturer, for the injuries which they suffered when tyres blow out.
Liability is strict under the sale of goods act 1979, and there is a remedy for defects in quality as well as for defects which render a product dangerous. However the range of people who could claim was limited by the doctrine of privity of contract until the extension offered by the contracts (Rights of the third parties) Act 1999. Consumers are also provided with additional remedy by the consumer credit act 1974 if they purchase goods on credit. The user of credit can claim against Credit Card Company if he/she is dissatisfied with goods or services bought by credit card. (Harpwood, 2000)

3.1 vicarious liabilities (Adrian V James)
In this case Adrian is an employee for daily deliveries ltd. It??™s not allowed to carry other person other than employee on his van. Since, his employement started his son James 19 has been helping him during his holidays. James has never been employed by company and is aware of restriction in Adrian??™s contract of employment. James got seriously injured, owing to Adrian??™s negligent driving during his lunch break. Now, company has told James there has no liability to pay damages to him.
Employers are said to be vicariously liable for the torts of their employees which are done during the course of employment. Employers will only be liable for their employess or servants. There are two lines of cases, those cases in which acts of employees are held to be within the scope of employment and this which fall outside. Employer will usually be liable for wrongful act which are actually authorised by him. In case of James, he owes duty of care as Adrian has fallen below the standard of care while he was driving the van. It will be not possible for James to sue the company as Adrian was acting on his own behalf. Company has already stated in contract that no other person is allowed in van other than employee. Adrian??™s act was wrongful and unauthorised mode of doing authorised act and rather an independent act which shows that he owes James duty of care. James also won??™t be able to sue company because tort was acted during their lunch break which cannot be considered as a course of employment. The rationale underpinning this doctrine is that employers, rather than employees, should bear the expense of any accidents resulting from doing business. But is it wasn??™t acted during the course of business. So the daily deliveries have no liability towards James as the accident didn??™t happen during the course of business and was Adrian??™s negligence. However, James can sue him under the negligence of duty of care.
In the case of Lister v Romford ice and Cold Storage Co Ltd [1957], a father was injured by his son who was employed by the respondents. The employers were vicariously liable for the son??™s negligence and met their fathers claim. Excursing their right of subrogation under the contract of insurance, the employer sued the son. The House of Lords held that son was liable to indemnify the employer and consequently insurers.
There is a term implied at common law into contract of employment that an employee will exercise all reasonable care and skill during the course of employment. An employee who is negligent is in breach of such term and theoretically, the employer who has been held vicariously liable for tort could seek and indemnity from the employee to make good the loss.
3.2 Vicarious Liability in different Situations
Another similar case is Rose v Plenty [1976], a milk man had been forbidden by his employer to allow young boys to ride on the milk floats and assist in delivering milk. A 13 year old boy was injured partly as a result of the driver negligence and partly through his own carelessness, and employer was vicariously liable. The court of appeal held that the milkman was carrying out, albeit in prohibited manner, the task which he had been employed to do, so the employer was liable. Lord Dennings suggested justification for the decision was that the boy had been furthering the interest of the employer. As the act happened during the course of business employer was vicariously liable for milkman negligence. (Harpwood V. , 2009)
3.3 Defences of Volenti
However, in the case of Twine V Beans Express Ltd [1946], where a hitchhiker was given a lift, it was held that the driver, by giving a lift to an unauthorised person, was acting outside the course of his employment.
So, according to this case by allowing James to be in his van Adrian??™s was already acting outside the course of his employment. One way in which Adrian could have moved out of his course of his employment would be if he had departed from his authorised route and was on frolic of his own. Similar case of frolics has been considered in whatman v Pearson [1868]; Storey V Ashton [1869]. In whatman V Pearson, an employee was not to go home for lunch. He went home with the horse of the company. While being there horse ran free and caused an accident. The employer held responsible for it. Similarly in the case of Storey V Ashton, a driver took a different route to make a frolic of his own. On the way he caused an accident because of his negligence. There was no liability towards company. Though this was just a little detour, the driver was carrying out his own business. (Green, 2005)
Even if the DDL are to be liable to James, they may be covered by the defence of volenti (is a? common law? doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort) since James was already aware that his father was not allowed to take passengers on his van. But also by S2(3) of UCTA 1977, the awareness itself is not to be taken as indicating voluntary acceptance of any risk and , in any case S 149(3) of the Road traffic Act 198 precludes reliance on volenti. The road traffic act renders void any ???antecedent agreement or understanding??? that a passenger is volenti to the risk of negligent driving in any vehicle for which third party insurance cover is compulsory. This provision was considered by court of appeal in Pitts V Hunt [1990] and it was held that this act made the defence of volenti impossible in any action brought by a passenger against the driver of the vehicle on a public road. The key factors in Pitts V hunts was that Pitts knew that hunt did not hold a licence for a motorbike and that he was not insured to use it in a road. The evidence showed that the both young men had consumed a large amount of alcohol, Pitts had encouraged hunt to ride in a way calculated to frighten other road user. (Brennan, 2012)
3.4 Employers Indemnify
The leading case in employer??™s indemnity is Lister V Romford Ice and Cold storage Co Ltd [1957] in which the House of Lords clearly held that the implied duties to indemnify the employer against damage caused by the employee??™s negligence exist. This case has however been criticised many times. The main basis of criticism is that employer has to pay damages because its vicariously liable for it s employee( and given that although liability arises through notional control of the employee by the employer, the principal rationalization of vicarious liability is that the employer ??“or its insurers- has financial ability to pay damages ) creating right of indemnity is inconsistent, in Lister[1957], the employee tried to argue that there was a further implied term in the contract that the employer will ensure that the employee is insured against such liability before the right of indemnity can arise, but this was rejected by house of lords. (Lockton, 2011)
So, according to above discussion DDL can reclaim compensation from Adrian and it still exist but is very unlikely to be used these days.

4.1 Bibliography
* (2005). In D. Green, Torts Law (Sixth Edition ed., pp. 3-4). London, United Kingdom: Cavendish Publishing Limited.
* (2000). product Liability. In V. Harpwood, principle of Tort law (Fourth Edition ed., p. 329). London, United kingdom: Cavending Publishing.
* (2009). Vicarious Liability. In V. Harpwood, Modern Tort Law (Seventh Edition ed., pp. 360-361). NewYork: Cavendish Publishing Limited.
* (2011). Implied duties. In D. Lockton, Employment Law (pp. 72-73). NewYork, United States Of America: Cavendish Publishing Limited.
* Out-law.com. (2011, August). Retrieved January 5, 2012, from pinsent masons: http://www.out-law.com
* Pinsent masons. (2011, August). Retrieved janaury 4, 2012, from Out-law.com: http://www.out-law.com
* (2005). Consumer protection Act 1987. In C. E. Quinn, Tort Law (Fifth Edition ed., p. 192). Harlow, England: Pearson Education Limited.
* Quinn, C. E. (2005). Consumer Protection Act. In Tort law (fifth edition ed., p. 188). Edinburgh gate, England: Pearson Education Limited.
* In M. Whincup, Contract law and Practice (p. 83). a wolterskluwer company.
* (2012). In v. B. Brennan, Tort Law (3rd ed., p. 141). Oxford, United Kingdom: oxford University Press.

Table of cases

1. Donoghue v Stevenson [1932]??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦3
2. Roe v minister of health [1954] ??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦….4
3. Carroll v fearon [1998]??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦..6
4. Lister v Romford ice and Cold Storage Co Ltd [1957]??¦??¦??¦??¦??¦??¦.7
5. Twine V Beans Express Ltd [1946]??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦.8
6. Whatman v Pearson [1868]??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦8
7. Storey V Ashton [1869]??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦..8
8. Pitts V Hunt [1990]??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦??¦9


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Final Paper

Category : Articles

Taxes are a necessary part of life. While they give most of us headaches and drain our monetary resources, we also enjoy many of the benefits of taxation. The money collected from taxes is used for many different functions. Everything from maintaining our roads and public buildings to the funding of our law enforcement, emergency services, and health care systems come from taxes. The distribution of taxes as well as the collection of them causes many arguments and different points of view. In this paper we will discuss some of the questions raised about taxation.
What happens to net personal income when the government raises taxes
When the government raises taxes and your gross income stays the same then usually your net personal income will decrease. As net personal income decreases then so does disposable income. This means people spend less and decreases the income of businesses they buy goods and services from, which can lead to a decrease in total tax revenue.
When the government lowers taxes
When the government lowers taxes people feel more comfortable about spending their money. This is because they know that their dollars will go farther and buy more goods and services than before the tax cut. Lower taxes along with controlled government spending has an immediate and positive effect on the economy. People spending more money will stimulate the economy and create more jobs. So, when the government lowers taxes it has a positive effect on personal income and encourages spending.
How is the GDP affected by higher taxes and lower taxes
In general, when the government brings in more in taxes than it spends, it reduces disposable income and slows the growth of the economy. So, the fiscal policy prescription to stabilize an overheated economy is higher taxes.
In times of inflation??”when too much demand is bidding up prices??”a tax increase, coupled with no increase in government spending, will dampen the upward pressure on prices. The tax increase lowers demand by lowering disposable income. As long as that reduction in consumer demand is not offset by an increase in government demand, total demand decreases.
A decrease in taxes has the opposite effect on income, demand, and GDP. It will boost all three, which is why people cry out for a tax cut when the economy is sluggish. When the government decreases taxes, disposable income increases. That translates to higher demand (spending) and increased production (GDP). So, the fiscal policy prescription for a sluggish economy and high unemployment is lower taxes (2003, Gorman).
What other economic factors are affected when taxes are raised or lowered, and how are they affected
So much is affected when taxes are raised. When taxes go up people spend less money because the dollar no longer buys as much as it used to. This creates a chain of events that effects everyone. When people spend less businesses are effected because they sell less. Businesses will compensate by cutting jobs, cutting back on the products that they supply, and some busnesses have to file bankruptcy. The loss in jobs and income will cause the poverty rate to increase. With the poverty rate increasing and unemployment rising we will see an increase in forclosures, evictions, homelessness, and even the crime rate. When taxes are lowered then opposite is usually true. So, when some time goes by with high taxation and excess government spending then the government will lower taxes in an effort to boost consumer spending and avoid a recession.
Should the government increase tax rates on everyone as a way to equalize incomes and wealth
While it does seem like the have nots far outnumber the haves here in America, the truth is that if the government were to do anything to equalize incomes or redistribute wealth could cause even more problems.
Incomes may not be equal, but neither is the tax burden. Consider this: In 2007, the last year for which IRS data is available, the top 1% of incomes in the country, with a minimum of $400,000 in AGI, paid 40% of all personal income tax. And the top 5% paid more than the other 95%.

You might think this is fair, and maybe it is. However, if higher taxes on the top income earners are enacted, it will spawn a different problem.
The fact is the majority of Americans currently barely feel the burden of income tax, as 40% of Americans pay no income tax at all. Having a populace that thinks everything Congress spends money on is not their problem is damaging to democracy. People are likely to support any new expenditure, knowing it wont burden them. That support feeds even more spending from caviling politicians looking for popular measures (Schram, 2009).
I can really see both sides of the argument. I understand why the wealthy thinks it is unfair to pay a higher tax rate than others. It seems the fair thing to do would be to tax everyone the same. However, it seems if we did that then the rich would just get richer and the poor would indeed get poorer. And it seems finding middle ground is almost impossible. But this is how our system works. And many people believe it is how it should work. Without argument and compromise we would never move forward. Some also believe without inequality of wealth people would not push themselves to work towards a better life. I can also see how this would be true.
???Inequality of wealth and incomes is an essential feature of the market economy. It is the implement that makes the consumers supreme in giving them the power to force all those engaged in production to comply with their orders. It forces all those engaged in production to the utmost exertion in the service of the consumers. It makes competition work. He who best serves the consumers profits most and accumulates riches???.
Ludwig von Mises
In closing I do not think that there will ever be a clear cut answer to the problems we face with taxation. However, I do believe the market system we have in this country is one of the best in the world, and with compromise, will continue to improve.


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Business Law

Category : Articles

On 25th April 2013, Curry Sdn Bhd sent a fax to sell 2000 kilograms of curry powder to food Sdn at RM5 per kilogram. The fax cearly stated ???please telephone or fax an acceptance before 2nd may 2013???. Food Sdn Bha faxed a letter accepting Curry Sdn Bhd??™s proposal at 11 p.m on 30th April 2013. The fax??™s report clearly stated that the letter has been sent to Curry Sdn. As it was a public holiday on 1st May 2013, the office of Curry Sdn Bgd was closed and nobody knows about the acceptance of food Sdn Bhd. It was on the 2nd May 2013 that a staff of Curry Sdn Bhd read the fax.

1. Discuss whether the acceptance made by Food Sdn Bhd is valid

2. What would be your answer if Curry sdn. Bhd send a fax to withdrow the offer on 1st May 2013

[pic]

Suka Jula Sdn bhn sells sewing machines on both cash terms and on hire-purchase. Tina, a fashion designer student at Good College bought a new sewing machine from Suka Jual Sdn Bhd on hire purchase. However, after she had signed the document and paid RM200 as deposite, Tina did not get any document from Suka Jual Sdn Bhd as the sales person told her that the hire purchase agreement will be posted to her. Upon reaching home, tina Used the new machine to sew new silk shirt for her college??™s project. However, instead of sewing the pieces of silk cloth together, the sewing machine and claim back to the deposit.


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Final Out Line

Category : Articles

Interview of Nathan(Nate) Schugg

Introduction: My interviewee is my fiance he is 6??™3. He has brown hair and hazel eyes. He is currently receiving SSI for psychological reasons. He has 4 kids two of which live with him, and is currently not married. He is 3 years older than me, he is Caucasian. He was born in Hamilton, Ohio and grew up with his Mother, step father, and he has 3 brothers. He grew up Nathan Schugg but prefers to be called Nate instead of Nathan.

I. Questions

A. Do you remember information more accurately if you observe the behavior being performed, or do you prefer to read how the behavior is performed

B. Do you prefer to studying in the library, or at home where there are background noises and some distractions

C. Do you feel that the results of the Myers Briggs test is accurate

D. Why or why not

E. What Experiences do you feel contributed most in the development of your personality

F. Do you feel that you are self-monitoring in regards to your attitude

G. What do you feel was the strongest influence on your attitude

H. What role do you feel a person??™s race, gender, or ethnicity play when forming that persons personality and attitudes

I. Do you feel you are better at tasks when intrinsically or extrinsically motivated

Conclusion:

Permission was granted on 11/29/10 at the beginning of the class.

CHECKLIST FOR WRITING AN OUTLINE

1 Organization

? The introduction states the main topic or idea of the outline.

? Each paragraph in your paper has a sub-topic.

? Each sub-topic describes the main idea for a paragraph.

? Supporting information and details for a sub-topic are listed under the sub-topic.

? Each piece of supporting information is listed separately.

? When supporting information is listed under a sub-topic, there are at least two pieces of information in the list. If there is only one piece of information to support a sub-topic, the information is included in the sub-topic.

? The conclusion summarizes the main idea of the outline.

2 Format

? For a sentence outline:
Each outline entry is a complete sentence with a period at the end of the sentence.

? For a topic outline:
Each outline entry is a phrase with no punctuation at the end of the phrase.

3 Spelling

? All words are spelled correctly.

? All typing errors are corrected.


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Business Law

Category : Articles

Case Study 1
In this case study, John is not legally bonded to sell his property to both Adam and Bill. Thus, the transaction between John and Charles is valid.
Principle of Acceptance
In this case study, John offered to sell his house at $2 million dollars. Adam offers to buy the house for $1.8 million dollars and John said nothing to this transaction. According to the principles of acceptance, an acceptance must be positive and not passive. Meaning to say, the party accepting the contract must actively accept the offer. Offeror is not allowed to impose acceptance merely because the offeree does not reject the offer. In this scenario, John remained silent. In the principles of acceptance it was stated clearly that silence does not constitute acceptance. Hence, Adam wanting to take legal action against John will not be valid, as there is no form of accepted offer either by writing or orally. (Felthouse v bindley 1862)
Silence
A silent agreement is only agreeable when both parties have agreed that the offeree??™s silence is to be construed as his acceptance. And for this to be effective, both parties must agree to it. In this case, John did not agree that being silent means acknowledging this contract. (Souter ocean ship building V Deutsche bank AG 1993)
Subject to Contract
In Bill??™s case, Bill offer to pay $2 million dollars for the property which is the amount John has been targeting for. However, Bill mentioned that the transaction to be ???subject to contract??? and John agrees to it. To be subjected to a contract means that both parties is agreeable to the terms of the offer but propose that both parties negotiate a formal contract on the basis of the offer. According to the case Yap Eng Thong V Faber Union, the court found that the agreement to sell the house subjected to contract was not binding. Thus, making negotiations to ???subject to contract??? is a very useful tool to make sure that everyone is only bound to the contract when they sign up and not before. (Yap Eng Thong V Faber Union)

Conclusion for Case study 1
To conclude case study 1, John is legally permitted to sell his house to Charles. Both Adam and Bill??™s legal action against John are not valid. Silence cannot be taken as consent, unless both parties agree that John being silent is agreement and acknowledgement to this contract. In the principles of acceptance it was stated clearly that silence does not constitute acceptance. Thus Adam is unable to take legal action against John. In Bill??™s case, the ???subject to contract??? agreement comes into place. John has the free will to sell his house to any one as long as a formal contract has not been set up between John and Bill. ???Subject to contract??? is not binding.

Case study 2:
Tort of Negligence
In this case study, Alice??™s 82 year old mother died of heart attack due to the fact that the dogs own by Peter attempted to inflict damage to Alice and her mother. Although both women suffered no physical injuries from the dogs, Alice??™s mother died of heart attack as a result of her shock.
Under the law of Tort, a Tort is a civil wrong. Such wrongs may include negligence, nuisance and defamation. The law of Torts represents the means whereby individuals may protect their private interests and obtain compensation from those who violate them.
Duty of Care
For Alice??™s case, we can conclude that this is a Tort of Negligence on the part of Peter. In the duty of care, it is a legal obligation imposed on an individual which requires them to adhere to a standard of reasonable care during when they perform any acts that could foreseeably harm others. In this scenario, Peter did not adhere to this rule by not locking his gate with dangerous pets as well as not keeping his pets under proper control.
Underlying the concept of duty of care is the ???neighbor principle???. Our neighbor in law will be any person who are so closely and directly affected by ones act that one ought reasonable to have them in contemplation as long as so affected when one am directing his or her mind to the acts or omissions that are called in questions. In law, we should not injure our neighbors. And in this case, Peter??™s dog, although not physically but still have cause the death of a neighbor, is guilty of not providing duty of care to his neighbors. Hence, Peter has breached the first essential among the three for Alice to be successful in suing Peter for an action of Tort. (Donoghue V Stevenson)

Breach of duty
A Breach of duty is not restricted to any professionals or persons under written or oral contact. All members of society have a duty to exercise reasonable care towards others and their property. A breach of duty must be settled and tested, when the defendant who knowingly expose the claimant to a substantial risk of loss, breach his duty. A defendant who fail to realize the substantial risk of loss to the claimant, which any reasonable person in the same situation would clearly have realized, also breach the duty. For Peter??™s case, he seemingly breached the second condition, in which he clearly know that not locking the lock to his gate could result in the escape of his pets. In this scenario, allowing an exit for the dogs to head out of the house to do damage to the public. (Birmingham V Waterworks)
Damage
The third requirement of the Tort of Negligence will be the Damage element, in which the plaintiff must show that he suffered damage as a result of the defendant??™s breach. There are two aspects to be considered and they are the Causation and Remoteness factor.
Causation Factor
A common test use to determine causation is the ???but for??? test. According to this test, the plantiff would not have suffered from damage ???but for??? a certain event that caused the damage. In this scenario, Alice??™s mother would not have suffered an heart attack if not for the dogs that came out of the unlocked gate.
Remoteness Factor
Locking a gate is a simply thing to do. Using the Reasonable Foreseeability test, Peter should have foreseen that the unlock gate could serve as an exit for the dogs. It is clear that if Peter have foreseen this happening and prevented the risk, then it must be followed that the appellants are liable in damages. (The wagon Mound No 2 1967)

Conclusion for Case study 2
To conclude case study 2, Alice legal action against Peter is valid. Base on the Tort of Negligence which comprises three parts. The duty of care in which Peter did not take into considerations the neighbor principle. Peter knowing the danger of his dogs, did not lock up his gate signifies that he did not provide his duty of care to his neighbors. A breach of duty must be settled and tested, when Peter who knowingly expose his neighbors to a substantial risk of loss, breached his duty. And the third and last factor to consider for the Tort of Negligence is the Damage element, in which consist of the Causation and Remoteness factors. Alice??™s mother would not have died if not for the event that happened after Peter failed to lock his gate speaks for the causation factor. The Reasonable Foreseeability test also put Peter in the spot, since locking the gate if you have dangerous pets is a common and simple thing to do, and yet Peter failed to do so.


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Final Organizational Impact

Category : Articles

RUNNING HEAD: Indigenous: OI/461 Final

Indigenous: OI/461 Final
The only way a fledgling business can survive in today??™s uncertain economic times is through innovation and the restaurant business is struggling in 2009. Indigenous the fresh restaurant chain, innovates the food industry.
Freshness; Innovation
The food service industry is difficult at any level but the art of selling meals to an educated consumer is a daunting task.
Humans eat to live or live to eat, and the modern world makes food consumption easy. Convenience plays more of a role in the way people eat than the food consumed. Innovation in food storage and preparation in the past 100 years has changed the way people live. Current trends abandon the process of food preservation learned over the past 100 years. The modern process of adding ingredients to preserve food and increase nutritional value are deemed unnecessary and harmful by certain groups of society. Convenience in food preservation causes existing ???stand alone??? restaurants around the world not to use local, fresh food suppliers. My company will take the concept of ???Nothing Artificial Added??? to a larger audience. The company will take the aptly named Indigenous restaurant chain to three major metropolitan markets. This innovative business model brings fresh food directly from local agriculture/producers to the restaurant table and all dependent on the indigenous (local) food supply. The type of innovation is a start-up business and opens new market opportunities through market-niche innovation (V Stamm, 2003). The duplication of this restaurant idea in various locations is innovative and will rely on a stable planned-strategy (V Stamm, 2003) due to the inherent risks within the restaurant restaurant market.
The strong point of Indigenous is the fact naturally produced and harvested food is a strong emerging theme in high-end culinary circles. National chain grocers and smaller local competitors currently enjoy the success in selling natural foods to health conscience clientele. An established marketplace allows ample opportunity to expand the Indigenous concept into additional natural food markets where grocers are already.
Indigenous targets the higher income and educated consumer. Indigenous is strategically placed within areas where the target demographic shops.
A key factor to menu and pricing is collaboration with local food producers. The history of each food producer and the relationship to the local growing region are considered when choosing suppliers for Indigenous.
Communication will be the number one leadership strategy. A strong market position will remain with open communication between employees and consumers.
Initiatives
Three initiatives, based on involvement and community are installed into each restaurant model. One, no food waste; remaining food is transferred to local charities to feed the homeless community. Charitable support bolsters image within the local community and increases revenue from small business tax incentives. Second, culinary education; internships support local culinary and provide free labor. Third, environmental responsibilities; Indigenous participates and supports environmental preservation. Environmental preservation improves Indigenous??™ market image and brings additional attention to the food it serves the public. Environmental conscienous classifies the restaurant as a ???green??? business and reduces long-term state and federal tax expenses.
Conclusion
It is hard enough to open a restaurant chain in a normal economic atmosphere much less in a time of economic uncertainty. However, the only way a weak restaurant industry can survive in today??™s uncertain economic times is through innovation. As humans we eat to live. Simply, this fact is easy to forget in our modern world of conveniences. However, the consumption of naturally grown foods is a trend currently emerging with a niche clientele in America. Food prepared without artificial intervention is a 21st century trend.
Indigenous??™ leadership believes the fresh-to-market trend in the restaurant industry can become the mainstream. Indigenous illustrates innovation through a fresh market approach, and builds a successful 21st century brand.

References:
V Stamm, B. (2003). Managing innovation, design, and creativity. [University of
Phoenix Custom Edition e-Text]. Hoboken, N.J: John Wiley & Sons, Ltd . Retrieved from University of Phoenix, OI461-Creativity, Design and Innovation for Competitive Advantage.


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Business Law

Category : Articles

Question One ??“ Part A
Statutory Interpretation is not a straight forward task for many reasons. When interpreting the law, different people can interrupt and understand things in different ways. It is difficult to apply the law because of how language changes. The draftsman may use a broad term (word, phrase) and expect the user to understand what situation fall within it. Ambiguous words may also be used and some words actually have more than one meaning. This therefore causes problem and is difficult to know what the statute is implying. This is why a written record is the best way to ensure certain obligations are carried out.
There are specific aids and approaches to interpreting the statute law. The Interpretation Act 1978 defines many common terms, and it provides that its definitions are to be used in continuing any Act that contains the words defined (unless a subsequent Act defines them differently); it also provides a rebuttable presumption that words in the singular shall include the plural and words in the plural shall include the singular. (S 6 of the Interpretation Act 1978).
Also The Human Rights Act 97 provides new cannon of statutory interpretation with the European Convention on Human Rights. Modern Statues also include ???definition sections??? in which meaning of words, phrases found in the statue are explained. Headings and side notes can also be found to help clarify the meaning of ambiguous words. (All private and old public acts have long titles). All acts have preambles. Fisher V Raven 1964 long title was used to decide that debtors for the purposes of Act were ordinary debts.
Judicial Interpretation is not regulated by parliament but has been developed by the judges. Limited help, such as rough drafts of Acts, are done by parliament to minimize the amount of the interpretation that is necessary. Although judges in the past have often been strict literalists, it is rare to find a judge that adheres to any one rule, and free to decide and choose in order the most appropriate to the case in hand. Judges have to be given a degree of flexibility if they are to cope with unforeseen situations e.g. Att. General v Edison Telephone Company.
The most important rules of interpretation and various presumptions are; the literal rule, the golden rule, the mischief rule, the purposive approach and rules of language.
The literal rule is the first approach that is taken according to their literal meaning. Basically if words of the statute are clear and unambiguous, the court gives them its ordinary plain meaning, regardless of the result. Where a literal interpretation produces an absurd or perverse decision, it is up to the parliament to put matters right and not the job of the non-elected judges. E.g. Fisher v Bell (1960). One of the main advantages of the literal rule is that it encourages precision of drafting. On the other hand the literal rule was criticized by the Law Commission (1969) for its disadvantages. The major disadvantage is perfect drafting is impossible and it is not useful when broad terms are deliberately used. Individuals that often speak of dictionary words in the question, however dictionary words give a number of alternative meanings. It basically ignores limitations of language. E.g. London and North Eastern Railway v Berrimen (1946).
The golden rule is a modification of the literal rule. It begins by applying the literal rule where words of statue are capable of two or more meanings, however, judges must adopt the interpretation which produces the least absurd result. (Some judges even argue that the golden rule can be applied where words only have one meaning, but a literal interpretation would lead to absurdity.) There are two applications to the golden rule; the narrow application, where words are more than capable of having a variety of meanings and the wider application which is used to avoid a decision that to some can seem unacceptable or repugnant. The golden rule has the tendency top produce ???common sense??? results. However, it sometimes provided no cleat mean to test the existence of the characteristics of absurdity, inconsistency or inconvenience or to measure their quality or extent. E.g. Alder v George (1964). Basically meaning that it is applied incorrectly and the word is altered too much.
The mischief rule which derived from Haydon??™s case (1584) where it was stated for the true interpretation of all statues, four main points are to be considered: what was the common law before the making of the Act, what was the mischief and defect for which the existing common law did not provide, what remedy parliament resolved and appointed to cure the disease and the true reason of the remedy and then the function of the judge to make such constitution as shall suppress the mischief and advance the remedy. E.g. Smith v Hughes (1960). According to the Law Commission (1969) the mischief rule was regarded as the ???satisfactory approach??? than the other two established rules. The golden rule was actually condemned.
The mischief rule was the product of a time when statues were a minor source of law by comparison with the common law when drafting was by no means as exact a process as it is today and before the supremacy of parliament was established. The mischief could often be discerned from the lengthy preamble normally included. It was basically the most flexible. The only disadvantage is that this approach may encourage investigation beyond the words themselves as contained in the statue which may lead the judge to give a meaning to the act which was not intended. E.g. Royal College of Nurses v DHSS.
The purposive approach is where ???judges adopt the construction which promotes the general aims or legislative purposes underlying the provisions???. (Per Lord Denning MR in Nothan V London Borough of Narnet [1978] 1 WLR 220). It is sometimes argues that the modern purposive approach is somewhat similar to the mischief rule, because the courts are simply trying to find out the mischief of the act, but emphasizing the intention of the legislature instead of the defeat in the previous law. The approach is teleological or consequentiality and when applying it, judges are sometimes under certain criteria, allowed to refer to Hansard.
Hansard can be referred to in such situations as; the legislation is ambiguous or obscure or leads to an absurdity, the material relied upon consists of one or more statements by a minister or other promoter of the bill or if the statements relied upon are unclear.
The contextual approach made by Sir Rupert Cross, suggested that the English approach does not include a choice between alternative rules as progressive analysis in which the judge first consider the ordinary meaning of the words in the general context of the statute, a broad view being taken of what constitutes the ???context??? and then moves to consider other possibilities where the ordinary meaning leads to an absurd result. This unified ???contextual??? approach is supported by dictation in decisions of the House of Lords where general principles of statutory interpretation have been discussed.
There are a number of so-called ???rules of language??? which simply refer to ???the way in which people speak in certain contexts??? (Sir Rupert Cross). These include; ejusdem genreis, noscitur a socis and expressio unius est exclusion alterius.
Ejusdem generis mean there must be more than one item for it to apply. In the case of Allen v Emmerson (1944). General words following particular ones normally apply only to such persons or things (of the same genus or class) as the particular ones. Powell v Kempton Park (1899) AC 143. Expressio unius est exclusion alterius meaning that ???the expression of one or more things of a particular class silently implying the exclusion of all other members of the class.??? Tempest v Kilner (1846). ???Goods, wares, merchandise, did not include stocks and shares. Noscitur a socis, context rule which refers to the fact of woods ???deritive colour from which those surround them.??? Per Stamp J. in Bourne v Norwich Crematorium (1967). A word should take its meaning form the context e.g. Muir v Keay (1875) in which it is found.
Judges often make presumptions in applying statutes. Firstly, they presume against altering the common law, meaning that if an act is passed but not all information is included the judge presumes the common law still exists. Secondly, they presume mens rea, which means the defendant needs to be of a mental/ guilty frame of mind to be guilty of an act. There is a presumption against the imposition of a penalty without fault. Acts only apply to the UK unless contrary intention is expressed. There is a presumption against binding the Crown, a presumption against excluding the court from determining the case, a presumption against violating international law, presumption that standard common law defenses are available for new crimes, presumption that statues do not apply to offences committed abroad, presumption of compensation being paid where a statute deprives a person of property and presumption against retrospective legislation.
There are intrinsic and extrinsic aids involved with statutory interpretation. Intrinsic aids are things inside the act which assist the judge to apply or interpret the law, for example, the preamble and long title. Extrinsic aids are things outside the act which assist the judges to apply or interpret the law. For example, the judges can look at the previous acts of parliament, dictionaries and other literary sources and the historical setting.
All of these rules will satisfy access to justice.


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Final for Religions of the World

Category : Articles

The Religion of Judaism

Axia UOP

October 17, 2010

The Religion of Judaism

When you ask someone what they know about Judaism and they are not of the Jewish religion, what do they usually say Most people will just say they are different but really have no understanding what makes the Jewish religion different from there own. That is what I would have told you before I had begun my research on the religion of Judaism. I will be sharing my research with you throughout this paper as to the differences of the Jewish religion and how in many ways, it is very similar to all other religions.
What are the Jewish religions basic beliefs The religious beliefs start with being that there is only one god, who created and rules all. They believe that their god is all powerful, all knowing, and in all places at all times, and that he is merciful. They say and believe that everyone was created by god therefore, everyone is an image of God and that everyone is created equal. God created everyone with freewill which gives everyone the responsibility for their choices they have made. Since there religion is an ethical religion they have accepted the Ten Commandments from god at Mount Sinai.
Judaism follows the Torah which is known as the holy book for this specific religion. Torah stands for the teachings of God which is the combined body of Jewish teaching embodied in the Hebrew Bible and the Talmud . The torah teaches how to act, think and even feel about life and death. There are 613 commandments in the book of Torah but there are 13 prominent commandments that people of Judaism follow without question. Those Commandments are:
? I am the Lord your God
? You shall not recognize the gods of others in My presence
? You shall not take the Name of the Lord your God in vain
? Remember the day of Shabbat to keep it holy
? Honor your father and your mother
? You shall not commit adultery
? You shall not steal
? Do not give false testimony against your neighbor
? You shall not covet your fellow??™s possessions
There is also what they have related to Judaism as Rambam??™s thirteen principals of faith:
? God exists
? God is one and unique
? God is incorporeal
? God is eternal
? Prayer is to be directed to God alone
? The words of the prophets are true
? Moses was the greatest prophet and his prophecies are true
? The torah was given to Moses
? There will be no other Torah
? God knows the thoughts and deeds of men
? God will reward the good and punish the wicked
? The messiah will come
? The dead will be resurrected
I recently have had the pleasure of doing some research in the Agudath BNAI Israel Synagogue, located in Lorain, Ohio. This was an experience that I found quite pleasurable. There were things that I would have never imagined I would have experienced. When you first walk into the Synagogue, men and boys are to where caps on there heads called Kippahs. The men and boys wear these upon their head to recognize their God who is above us. They have a Rabbi who proceeds over the worship, even though a rabbi has no actual authority to make interpretations into the Torah. The Rabbi has been ordained to teach a certain level of education that has been defined for the community in which they have studied. The synagogues that I had attended had strong feelings for Cantorial music which dates back a very long time. It was however very difficult for me to understand most of the worship for as it was spoken in one of the official languages of Israel, known as Hebrew. There was this beautiful thing that they called a Menorah which is a ceremonial candleholder consisting of a central stem surrounded by curved branches, used in the Jewish Temple and as an emblem of Judaism. I had always thought that a Menorah had seven branches on it. When I asked the rabbi why it had 8 branches, he said that is because it is improper to exactly duplicate the Menorah. He then proceeded to tell me that there is also a Chanukah also known as Hanukkah, which is a Jewish holiday. The Chanukah is also known as the festival of lights. This holiday starts after the sunset of the first evening of the 24th day of the Hebrew month which may occur at any time from late November to late December of Kislev.
After the worship service I had the pleasure of interviewing a gentleman by the name of Joseph Scheingross. He was extremely helpful in helping me understand more about the Jewish religion and there traditions. We started out with the traditions since I had just sat through the worship service and had gotten most of that information from the Rabbi. We started with Passover, this holiday celebrates the birth of the Jewish nation. He also told me that celebrating Passover is more that just celebrating the birth of a Jewish nation it is also celebrating there freedom as Jews. We quickly moved on to Hanukkah, the Jewish festival of lights. Since Jewish people do not celebrate Christmas they celebrate Hanukkah. During Hanukkah they light the Hanukkah candles together and then eat and play games. Hanukkah food is normally oil rich in following the tradition of oil that burned for eight days. Potato pancakes he said is a Hanukkah favorite. Dreidel is a game of Hanukkah that the kids love to play. It has simple rules so that the whole family can play. During our conversation I asked about presents, he said that they used to give what they called Hanukkah gelt which is money. This tradition has changed to a gift giving tradition for many Jewish families.
We then talked about what they call Bar Mitzvah, The son of the commandment and a Bat Mitzvah for the daughter of commandment. This is when a son or daughter accepts god??™s commandments and enter into the adult Jewish community. In many Conservative and Reform synagogues, girls celebrate becoming a Bat Mitzvah at age 13, along with boys. This also coincides with physical puberty. Prior to this, the childs parents are held responsible for the childs belief of Jewish law and tradition. After this age, children bear their own responsibility for Jewish ritual law, tradition, and ethics and are privileged to take part in all areas of the Jewish community life. All branches of Judaism view a child??™s entrance into the Jewish adulthood as a joyous occasion.
I then asked him how the Jewish religion differed from the religion of Christianity. He replied one way we differ is that Christians believe that Messiah Jesus has come and the Jewish are still waiting for the messiah to come. He said Jews live a daily life of the following law to get into heaven while Christians follow Christ. He said that the two religions are so closely related. Mr. Scheingross said that Judaism places more emphasis on actions, focusing primary questions on how to respond to the eternal covenant of God. In Christianity they say that human actions are irrelevant. Jewish people do not believe in the resurrection of Jesus where as Christians do believe in the resurrection. Also that Christians recognize Jesus as the Messiah believing that salvation to eternal life is God??™s will for all people. Jews believe that the people of all religions are children of God and are equal before god. Jews do not recognize Jesus as the Messiah. Many denominations believe in predestination, while other does not. Salvation is available to all people. The then said however grace is extended to all who will accept it and go would have no man perish in the Christian religion. Unfortunately diving revelation and forgiveness he said is not part of Jewish religion. He also said that Jews recite prayers three times daily with a fourth prayer added on Shabbat and holidays. Where as the Christian religion just visits the churches regularly on Sundays for a Holy mass and Bible Studies. It has been said that Jesus in the Christian eyes was a son of god, a savior of the world and the Jewish community see??™s him as a false prophet. The Jewish community has also denied the resurrection of Jesus where the Christian community has affirmed it. The Jewish community believes that with a strong belief in god and good deeds they will receive the means of salvation. The Christian community on the other hand believes that faith, good deeds, sacraments will give them the means of salvation. I have had a chance to locate a wonderful chart that gives the best breakdown between the religions that I could find. This is what it had to say,

Comparison of Religious Beliefs Comparison of Statistics to Basics
|Judaism |Christianity |Judaism |Christianity |
|strict monotheism |Trinitarian monotheism |Jews |Christians |
|one God |one God |14 million |2 billion |
|Yahweh, Elohim |Yahweh, the Holy Trinity |12th largest |largest |
|angels and demons |angels and demons |Israel, Europe, USA |Europe, North and South America, rapid |
| | | |growth in Africa |
|prophets |saints, church fathers |Bible |Bible (Jewish Bible + New Testament) |
|false prophet |Son of God, God incarnate, savior of the|Talmud, Midrash, Responsa |church fathers, church councils, papal |
| |world | |decrees (Catholic only) |
|normal birth |virgin birth |Halakhah |Canon Law |
|death by crucifixion |death by crucifixion |rabbis |priests, ministers, pastors, bishops |
|denied |affirmed |synagogue |church, chapel, cathedral |
|denied |affirmed |Saturday |Sunday |
|through Prophets, recorded in |through Prophets and Jesus (as God |separate |separate |
|Bible |Himself), recorded in Bible | | |
|views vary |inspired, some believe inerrant in | | |
| |original languages | | |
|two equal impulses, one good |”original sin” inherited from Adam – | | |
|and one bad |tendency towards evil | | |
|belief in God, good deeds |correct belief, faith, good deeds, | | |
| |sacraments (some Protestants emphasize | | |
| |faith alone) | | |
|divine revelation and |predestination, various forms of grace | | |
|forgiveness | | | |
|views vary: either heaven or |eternal heaven | | |
|no afterlife | | | |
|views vary: either eternal |eternal hell, temporary purgatory | | |
|Gehenna, reincarnation, or no |(Catholicism) | | |
|afterlife | | | |
|Islam and Christianity are |Judaism is a true religion, but with | | |
|false interpretations and |incomplete revelation. Islam is a false | | |
|extensions of Judaism. |religion. | | |

I asked Mr. Scheingross what the Jewish Star represented. He said good question and proceed with this answer. The Shield of David aka Star of David. This is also known as the Jewish star. It has six point formed by two triangles which overlap and one upside down. He said it is still not certain in the Jewish communities as to where exactly where the Magen David was first used. Mr. Scheingross said that this six pointed star has bee indentified as a decoration at the side of the Menorah which at the time was regarded as the Shield of David. He said unfortunately the infamous use of the Jewish star was used to separate Jewish people from the rest of the population during Hilter??™s reign. At this time I had to Thank Mr. Scheingross for his time and effort and his information.
I have recently realized how close the Judaism religion is to the Christianity religion. I have never taken the time to sit and attend another religions worship like I had with this research. I had found it quite pleasurable. I had done some research in the Hitler??™s reign when I got home from the interview and it was absolutely disgusting as to the persecution that Jews have been through. I have to raise my hands in applause for the Jewish community in making it through the years of persecution that they had to make it through with out breaking there faith. This project has made me wonder how many other religions out there are so closely related to that of the Christian religion and the Judaism Religion.

References:

http://www.important.ca/judaism_christanity_comparison.html
http://www.faqs.org/faqs/judaism/FAQ/05-Worship/
Agudath BNAI Israel Synagogue, located in Lorain, Ohio
Mr. Joseph Scheingross of the Jewish Religion
http://www.religionfacts.com/islam/comparison_charts/islam_judaism_christianity.htm


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Business Law

Category : Articles

Introduction
Ethical dilemmas implicate unethical decision-making; however, behaviour conditions person??™s ethical reputation. Jen faces with the ethical dilemma of obeying her promise or taking QBank??™s offer. Jen had promised to keep both Diane and Helen in employment; however, QBank offered to buy her premises. This paper shows possible applications under the normative ethical theories of Ethical Egoism, Utilitarianism, Kantian Ethics and Virtue Ethics to Jen??™s dilemma, and ends with concluding and explainable remarks.

Ethical Egoism
Firstly, under Ethical Egoism, self-interest is the basic principle to gain benefits. Jen has two available courses of action. First is to sell her florist shop, second is not. Before taking any action, Jen ought to think of what benefits will satisfy herself the most. Taking the first action, Jen will gain a managerial position from QBank which will satisfy her short-term self-interests; however, taking the second action, Jen will gain an excellent reputation for fair decision-making in long-term. Normally, the foresight determines the degree of benefits and Jen ought to undergo a short-term sacrifice before experiencing a long-term reputation. Therefore Jen will decide not to sell her florist shop to maximise her own long-term self-interests. Afterward the next topic will discuss the Utilitarianism.

Utilitarianism
Secondly, under Utilitarianism, the action is moral when the happiness outweighs the sadness. Jen has two available courses of action. First is to sell her florist shop, second is not. Taking the first action will benefit Jen??™s involvement because she will gain a managerial position from QBank; her son??™s transportation to special school will last; and QBank??™s customers will find the new branch easily. However, Jen is under no obligation to Diane and Helen at this stage. Conversely, taking the second action will only benefit both Diane and Helen to stay in employment. Of the two possibilities, former is more likely than latter. Therefore Jen will decide to sell her florist shop to maximise the greatest good for the greatest number. Afterward the next topic will discuss the Kantian Ethics.

Kantian Ethics
Thirdly, under Kantian Ethics, a promise must be kept is the basic principle of society as well as we ought to obey the law. Jen has two available courses of action. First is to obey her promise, second is not. Taking the first action, Jen??™s behaviour will condition her ethical reputation and the outcomes of this will be: Jen is honest to herself and both Diane and Helen will have trust in her. Conversely, taking the second action, this will not only cause respect failure to both Diane and Helen, but also ruin Jen??™s reputation. The contract of agreement is valid while both Diane and Helen have been working at half pay for four months. Jen is under a social obligation to keep both Diane and Helen in employment. Besides, Jen will not like to be on the receiving end of such action from others too. Therefore Jen will decide to obey her promise from a sense of duty. Afterward the next topic will discuss the Virtue Ethics.

Virtue Ethics
Lastly, under Virtue Ethics, the personal qualities will resolve the dilemma. Jen faces with the dilemma of obeying her promise or selling her florist shop. However, if Jen has a moral virtue which the context is termed ???money??™, then she will not have a second thought about whether to keep her promise. Because Jen??™s inner character such as miserliness will lead her to sell her florist shop. Then she will get amount of money to satisfy her happiness. Therefore Jen??™s dilemma will be solving if she has this virtue.

Conclusion
I would choose Kantian Ethics as the ethical outcome of the dilemma. The main reason is behaviour conditions person??™s ethical reputation. When I was young I was been taught to keep promise. Once the first promise is broken, and then will have another next. Exceptions cannot be made for individuals, otherwise faces judgement from involvement. To keep a promise will ensure a person??™s ethical reputation last. Therefore I believe my idea is under the concept of Kantian.


  • -

Final for Gen 200

Category : Articles

Running head: FINAL

Final
Shelby U. Ellenbogen
University of Phoenix

Abstract
When developing professional knowledge and abilities that can impact career success there are several aspects that need to be considered. One of the first is whether or not that the professional organization that one is working for is a stepping stone in the right direction for success. Another is to determine whether or not the knowledge one learns will be helpful when moving on to another organization.
.

Final
When developing professional knowledge and abilities that can impact career success there are several aspects that need to be considered. One of the first is whether or not that the professional organization that one is working for is a stepping stone in the right direction for success. Another is to determine whether or not the knowledge one learns will be helpful when moving on to another organization. One of the final steps is to learn additional abilities that will help when one either moves up within the organization or moves on to another organization.
Business and Professional Women??™s (BPW) Foundation is partnering to create a successful workplace for women by focusing on issues that impact women, their families, and employers. Successful Workplaces are any workplaces that embrace and practice diversity, equity, and work-life balances. Through ground breaking research and a unique role as a convener of employers and employees, BPW Foundation strives to redefine today??™s workplace. (BPW 2009)
Working for an organization like this would open my eyes about what I could expect when working in a professional setting. I have currently not worked in the professional field. I have only held jobs in the retail side of the job market. Knowing how women want to be treated, need to be treated, and need to be respected in order to do their jobs correctly is important to every organization or work place. Abilities needed for working for this organization would be an understanding of how women should be treated equally. Knowing the laws that govern equality for everyone within the organization, keeping track of what laws are being broken within the workplace, knowing when to speak up and knowing when to keep my mouth shut. It should not matter that a women is new to the organization she should be treated the same way as her counterpoint.
When moving on within the organization I would need to make sure that the ideas and goals of BPW Foundation remains on my goals as well, the more organizations that know that they must treat women the same as they treat men, the better the workplace will be. Knowing that I have the ability to change the workplace for future women for years to come would make me love my job within this organization. I do believe if I could get on with this organization I would not want to leave, because we all want to do what we can for the workplace as a whole and to hold such a powerful position would enable me to help other women succeed in the professional world.

References
Business and Professional Women??™s (BPW) Foundation (2009). Successful Workplaces, http://www.bpwfoundation.org/i4a/pages/index.cfmpageid=1 Retrieved June 26, 2010.