The two cases Carvaho v. tool brothers developer and Herczeng v Essay

The two cases Carvaho v. tool brothers developer and Herczeng v. haptom township municpal - Essay Example Francisco Caravalho, an employee of the subcontractor Jude Enterprises who was doing the excavation work, died when an unshored portion of the trench he was working in collapsed. [Handler] Argument The prosecution charged that Bergman’s site inspector hired to observe the work performed and who was present when the accident happened to monitor the progress of the work had a duty to supervise safety procedures of the construction and that the inspector had knowledge of the unsafe condition. Responding to the suit by the widow, Mrs.Carvalho, Bergman said maintained that the engineer's contract disclaimed responsibility for jobsite safety [which the court allowed].The methods, the interpretation, and the enforcement of hold harmless agreements should be governed by the intention of the parties in providing for insurance and the division of risk. [Handler].The site inspector’s duty was limited to inspect only the material being used and the amount of work being done. The ra tionale behind this defense was obviously the trust of the defense in the â€Å"hold harmless clause† in the defendant’s contract. He also noted because of an error he was not insured.

Nursing Process Theory Case Study Example | Topics and Well Written Essays - 1000 words

Nursing Process Theory - Case Study Example Hampe (1975) used her theory to talk about grieving families in a hospital setting. This paper will analyze the theory and try to understand what it means in the context of community health nursing. Orlando developed her theory in the 1950's. It was published the first time in her book, The Dynamic Nurse-Patient Relationship. Her theory was one of the first actually published on nursing process. She later continued her concepts in her second book, The Discipline and Teaching of the Nursing Process. Her original motivation for the work was to discover what the purpose of nursing was. To accomplish that she looked at nurse patient interactions both in the chart and during actual care episodes to determine what the outcomes of those actions were (Faust, 2002). These observations helped her formulate the basic thoughts behind her theory which are that the nurse has the role to discover and meet the patient's immediate needs. The most basic concept is "the nursing process describes the nurse's reactions to patient's behavior as generating a perception, thought and feeling in the nurse and then action by the nurse" (Sheldon & Ellington, 2008, pg1). This theory seems so well designed for nursing. It was when it was written and it seems it would be now. Many researchers as we have noted, have studied it and used it to build their own theory. However, there is nothing in the literature that indicates that the theory has ever been transformed into an actual nursing process. In 1961 Orlando wrote, "the purpose of nursing is to supply the help a patient requires in order for his needs to be met"(Orlando, 1961, pg 8). When you break it down as a nursing process, it becomes behavior of the patient, reaction of the nurse, and nursing action used to benefit the need of the patient. This writer believes that she is still right, that is what nursing is. At the same time, we must realize that Ida Jean Orlando came from a period in which education was only for those who had money and that included nursing education. This made their paradigms meet the needs of education more than the needs of the bedside nurse. She also used retroductive reasoning because she applied what she observed to what she already suspected (McEwen & Wills, 2007). Today it is still evident in some ways as we note that her theories are used more often by education than nursing itself. Her theory is noted among the Grand Theories considering her background and education as well as the time in which she worked. It also does not seem to meet all of the four nursing paradigms (Chinn & Kramer, 2008). She was quite explicit about individuals and nursing but she very briefly mentioned health as a state of well being and considered the environment only in the sense of now. Earlier it was noted that many nursing researchers of today study Orlando's nursing theory and it's applicability to specific types of nursing. The patient in the community may be in great distress and it may not be seen by anyone but the community health nurse. Orlando says that distress comes from unmet needs. Patient behavior needs to be assessed when it occurs. Any behavior may mean a plea for help. The relief of this stress depends on the caring nurse who is willing to participate in the solution of the need. The Community Health Nurse is confronted with this daily and responds

SERVICES MARKETING Essay Example | Topics and Well Written Essays - 750 words

SERVICES MARKETING - Essay Example At this time also, they have incorporated the business, and gave the store a name. They decided on the bee as it symbolizes a busy creature and added jolly because owner said they are always happy people. So the name Jollibee was born. The owner of the company, Mr. Tony Tan Caktiong, always believed in giving added value to their customers. He wanted to satisfy the customers always, so in serving ice cream, he saw to it that it was served in big bowls and that it should be overflowing with ice cream. Jollibee has been considered by the Far Eastern Review in 2003 as the Best Company in the Philippines. It has reached the system wide sales of P28.8 billion and a net income rising to 20.8 percent in 2003. Jollibee remained settled and was not threatened with the coming of MacDonalds in 1982. MacDonalds is known in the US, and it is an entirely new concept in the Philippines. The burger houses that they established were big and attractive. The introduction of new products and recipes were simple in the beginning. The members of the family just sat down and discuss. The Caktiong family members are good cooks, their father was a chef and their mother was a good cook. The spaghetti is a recipe of Tony’ s sister who experimented on it, and then started serving the dish on the store. The fried chicken recipe was likewise an experiment of mix that the family tried. There was no formal structure and yet customers came in with their families to line up in the store, whether it is for a sit-down or take out food. Filipinos have an inherent love for sweet tasting good food. According to Mr. Caktiong, a lot of their consultants were amazed with the sweet side food preference of Filipinos. Aside from taste, Filipinos are attracted to the smell of food. Filipinos believed that if it smells good – it will taste good. Jollibee today. The set up is different today, as

Short Answer Questions Essay Example | Topics and Well Written Essays - 500 words - 2

Short Answer Questions - Essay Example The model acknowledges that the judges’ decisions are controlled by certain constraints. In this regard, judges must act in accordance with the outlined constraints to ensure that justice and fairness are maintained. The legal model acknowledges that the judges submit to the provisions of law. The model recognizes that the judges operate under the provisions of the constitution. The model that best describes the behavior of Supreme Court justices is the legal model. The model highlights the importance of the rule of law in search of justice. In addition, the model outlines the various functions of the constitution in regulating decision-making by judges. In essence, the model provides the structure of the judiciary and the appropriate process to be followed. There exist many differences between courts and public opinion. For instance, the courts are formed in accordance with the constitution and the rule of law. On the other hand, public opinion develops out of people’s view. In addition, the court follows certain procedures in solving disputes while public opinion has no outlined procedure for addressing issues. The phrase that the courts need legitimacy and support from the public to get their policies implemented means that the judicial system must win the public faith to be effective. In essence, the courts require public support in order to make the rulings acceptable and effective. It is worth noting that the courts rely on the members of public for support since the law largely focuses on the well-being of the common people. Apparently, public opinion has a great influence on the decisions made in court (Geer et al. 177) For instance, the court has to seek public views in deciding some cases since they affect the entire society. It is crucial to identify that the court cannot make or decisions on their own. In essence, the members of the public have to be involved at some point. The courts should embrace the public opinion

Analysis of Marketing Mix Research Paper Example | Topics and Well Written Essays - 2000 words

Analysis of Marketing Mix - Research Paper Example This includes increasing the number of products in the market while maintaining quality and low production costs. Product development ranges from identifying customer need to designing activities that analyze and refine new ideas. These ideas bring about new products or refine existing products. Unique, high quality and affordable products give a business an advantage over competitors (Brassington and Pettitt, 2005). Beauty for price Hairdressing has faced steep competition from similar businesses in the region. Product development requires intense marketing, especially in a competitive industry. Investing in marketing involves advertising, employing human marketers, promotions, and other activities that sell out the business. With the upcoming events, the salon needs intense marketing and reorganizing the business process. This includes buying better hairdressing equipment and employing more hairdressers. Human resource is necessary for service delivery. Events such as sports and co nferences have several participants and more workers are required to handle the large numbers effectively. Employing experts improves the quality of services offered which surpass competing businesses. Introduction of new business services such as massage, manicure, pedicure, and other related services can also increase the number of customers (Adcock, Halborg and Ross, 2001). Businesses distribute their products in different ways to provide customer convenience. Distribution methods depend on the type of business and its intended customers. Global companies have distribution centers in several regions around the globe. Products are dispatched from the distribution center nearest to the customer (Jobber, 2010). This reduces distribution cost and time required for the product to reach the customer. Retailers incorporate several distribution methods that focus on customer satisfaction at a minimum cost. Efficient and pleasurable shopping experiences that meet customer needs and market demands are required by business organizations. Most customers prefer businesses providing quality and convenient services. A salon can introduce mobile services to its customers. During major events, most participants reside in hotels and prefer room services. Starting mobile room services would serve as a boost to business activities (Jones Mothersbaugh and Beatty, 2003). E-commerce and advertising through the internet is another way of ensuring the availability of products. Customers can access the business website to learn about their services and book appointments. The distribution channel in a hairdressing business consists of wholesalers who sell and supply products to the salon. The salon then uses the products to offer services to customers. Maintaining a constant link with suppliers is necessary for constant availability of products for customer convenience. The business location also determines customer convenience. Customers prefer business locations that are easily acc essible.  Ã‚  

End of Life Choices Research Proposal Example | Topics and Well Written Essays - 1000 words

End of Life Choices - Research Proposal Example In addition, the practice would lessen the urgency to develop new medicines designed to prolong life. Those who oppose the practice on religious grounds argue that it is ‘playing God’ therefore sinful. Health care professionals cite the Hippocratic Oath which forbids them from carrying out this procedure. This paper will examine the moral and ethical concerns surrounding euthanasia, clarify the meaning of the term, present arguments for the practice and conclude with a recommendation to resolve the issue. Euthanasia describes a situation in which a terminally ill patient is administered a lethal dose of medication, is removed from a life-support system or is simply allowed to die without active participation such as by resuscitation. A doctor’s involvement in the procedure could be to either prescribe a lethal dose of drugs with the express intent of ending a life or by intravenously inserting a needle into the terminal patient who then activates a switch that administers the fatal dose (Naji et al, 2005). Assisted suicide by physicians and non-physicians has been legal in Switzerland since WWII. In addition, three organizations within the country have been established to aid terminally ill patients. They provide patient counseling as well as the drugs for use in the procedure. Lethal injections, however, are not allowed. The unusual situation in Switzerland holds that assisted suicide is allowed as long as a physician is not a part of the process (Hurst & Mauron, 2003). Eutha nasia has been legal in Belgium since 2002. Each case must be reviewed by two physicians before the procedure is carried out by either ingestion or injection. In The Netherlands, euthanasia has been legal for four years but has been tolerated for two decades.

International trade Term Paper Example | Topics and Well Written Essays - 1250 words

International trade - Term Paper Example Can you explain why? Trade restrictions are put by government including tariffs, import quotas and trade barriers. This is done to increase net exports by limiting imports. When net exports increase it creates a more favorable balance of trade, the domestic production of the country boost up, which results in increased domestic income and employment. But Most economists realize this argument is wrong because trade restrictions can prove to be harmful as well, if there will be trade restrictions the domestic prices of the goods will increase, and people will be forced to pay higher prices for the domestic products, also the countries won’t be able to benefit from â€Å"Comparative Advantage†. Putting trade restrictions won’t only be harmful for the customers but it will also be harmful for the firms because usually they take advantage of Comparative Advantage and import raw material that are not available in their country, but by putting trade restrictions they wi ll have to find that certain raw material in their own country which will eventually cost them more and it will ultimately effect the price of the final goods, making it more expensive. In long run Trade restrictions can also gives fewer choices to the customers and no variety because they will only have the option to buy the domestic products. Also putting trade restrictions would result in inefficiency from the domestic producers because there won’t be a competition on a global scale and their productivity will decrease. Also International trade is the basic source of bringing â€Å"FOREX† in the country. By putting trade restrictions the country won’t be available to avail from all these advantages. 2) Suppose that in the absence of trade, the Canadian price for bicycles was higher than the world price for bicycles. Would allow international trade mean that Canada would import or export bicycles? Who in Canada would benefit and who would lose with a free trad e policy, and would the gains be greater than the losses?   Free trade policy is also called â€Å"laissez-faire† which means there won’t be any interference from the government side, and manufacturers are free to import and export and manufacture according to their own will. If Canadian price for bicycles is higher than the world price for bicycles then Canada would advantage from â€Å"Comparative Advantage† and import bicycles rather than exporting it. Allowing trade would benefit Canada in long run because domestic prices for bicycles are higher than the world price and the citizens of Canada are paying higher prices unnecessarily, Trade will increase competition in Canadian bicycle market and it will help in reducing monopolistic pricing and the cons that generate from that. It will also encourage local investors and manufactures to perform better and keep stable bicycle pricing in the market. It will also increase the variety in Canadian bicycle market a nd citizens will have more options. Also this will benefit the local producers as they can import raw material for bicycles from other countries who are selling it for cheaper rate and this will help lower marginal cost and decrease the prices of bicycle in Canada. 3) What benefits are to be gained from countries producing according to the law of comparative advantage? What if a country is absolutely more productive in all goods?