Product Liability Essays (1493 words) - Tort Law, Product Liability

Product Liability This weeks question concerns liability and moral responsibility in consumer products. As the question is multi-part, the answer will be likewise. To begin, the first question addresses who should be liable for the voluntary actions of others. Specifically, if substantial information concerning the hazards of a product or service has been offered to the consumer, who is to blame if someone is injured? Similar to most questions derived from this course, the answer is it depends. From a legal standpoint, the contract or arrangement must first be analyzed. If, for example, the activity is a high risk activity such as sky diving or feeding sharks on a scuba dive, then the legal concept of duty of care obviously plays a major role. Without sufficient training, education, and discussion of the inherent risks, potential problems, and possible results of mishaps, the seller is not fulfilling his or her duty warn the buyer of known risks or hazards. In this case, the seller would be legally required to warn the buyer that a failure to exercise reasonable care poses an unreasonable risk of harm (McCarty, 279). If the buyer has been properly apprised of the level of care necessary to avoid unreasonable risk, the buyer then assumes the risk, and subsequent liability, should tragedy occur. This is due to the Assumption of Risk liability defense that states that if the plaintiff knew, or should have known, of the risk inherent in a particular situation and voluntarily as sumes that risk, then the defendant is not liable for the plaintiffs injury even if the defendant was negligent. In this case, if the sky diving company requires 4 hours of classroom training before the first jump to thoroughly cover the risks of the activity and the prospective jumper voluntarily assumes the risks, then the skydiving company can not be held liable if the jumper breaks his leg on touchdown because he could not hear when the instructor calls for the flare upon touchdown. In an ethical light, this arrangement of reasonable liability division is in keeping with our understanding of moral rights in the economic sense. According to the negative right of freedom of consent, all parties should be free to make any arrangement to which both parties agree. It is a moral imperative in this free consenting agreement or contract that both parties fully disclose all pertinent aspects of the arrangement, in this case, the disclosing of the inherent risks involved with jumping out of an airplane (Velasquez, 330). Once both parties are satisfied with the conditions of the agreement, they are free to commit to the agreement via contract. The buyer has freely accepted the risk of the product, and the seller has fulfilled his obligation to provide enough information for the buyer to make an educated decision. The liability transfers from the seller to the buyer once both parties have freely and knowledgeably entered the contractual agreement. In this arrangement, the r ights of all parties have been preserved. Additionally, this arrangement fulfills the deontological requirements of an ethical contract. The seller has a moral duty to provide the safest product possible in relation to the nature of that product. The seller also has an obligation to disclose information about his or her product that could cause unreasonable harm if not carefully managed. Under the Due Care theory, the seller is required, as the more expert of the parties, to ensure that the buyer is fuller aware of the dangers. Finally, the seller has the duty to allow the buyer the opportunity to make an informed decision. Once the decision is made, the buyer has the duty to abide by the contractual agreement. As Velasquez states, the manufacturer is no longer morally negligent after having taken all reasonable steps to protect the consumer and to ensure that the consumer is informed of any irremovable risks that might still attend the use of the product (337). Therefore, the liability of injury transfers after the seller h as fulfilled his duties to the buyer. The second question addresses the issue of the role of government in the regulation of individual choice. Velasquez describes the impact of a government over regulating safety standards. Such government interference, as

A Comparison Between Jane Eyre And Fanny Price Essays - Free Essays

A Comparison Between Jane Eyre And Fanny Price Essays - Free Essays A Comparison Between Jane Eyre And Fanny Price A comparison between Jane Eyre and Fanny Price There are many things that can be compared between Jane Eyre and Fanny Price, and I will focus on the fact that they are both orphans that grow up to be independent women. The two are so different yet also so much the same. In the following analysis, I will compare these two characters and decide who can be viewed as the stronger character. To start, we can say that both Jane and Fanny are orphans. They are both sent to live with family and destined to become outcasts from the start. Jane is not readily accepted by her family. This is also true of Fanny. They are only similar in the fact that they are orphans. Fannys character is different from Jane because Jane is an independent individual. Fanny is much more reserved and independent, while Jane has a much more outspoken personality. Jane Eyre struggles to resist those around her from changing her. Her self-devotion causes her many sufferings, but she survives these and becomes a stronger woman. Jane grows up in a Victorian period where women were not seen as equals. She was born an orphan into a family that had no more room to love another child. Jane faced much resentment in the house, but being the strong-minded character that she is, she confronts Mrs. Reed. She says, I am not deceitful: if I were, I should say I loved you; but I declare that I do not love you: I dislike you the worst of anybody in the world. Jane Eyre grows up questioning authority. She is an independent soul with an independent mind. She will not tolerate being walked over. She shows her strength in all aspects of her life including her love for Rochester. The fact that she is an orphan shows us how the absence of a mother contributes to the void of nurturing, therefore, giving the character possession of internal strength and independence. In Mansfield Park, Fanny can be seen as an orphan as well. She is sent to Mansfield to live with her relatives because her mother is unfit to take care of her. She grows up at Mansfield rejected by her Aunt and as an outcast among her cousins. She is independent but not outspoken. She only finds true friendship with Edmund. She struggles in the beginning to overcome her homesickness, and her longing for her relationship with her brother. Edmund is the only vice that sees her through her struggle. She is not as outspoken as Jane, but she is as strong-minded. She knows what she wants and if she could stand up for herself, she can obtain it. Her determination helps her to gain strength. Self-respect dominates the theme of Jane Eyre, whereas in Mansfield Park the story deals with more moral issues concerning class and family. In Jane Eyre, the idea of gender and class structure is very evident between Jane and Rochester. She is a hardworking governess and he, her much wealthier employer. In Mansfield Park, Fannys interest in Edmund also tests society. For any kind of interest in each other would be wrong during that time. The story itself tests society in ways of the characters going against the duty of their lives. For example, Edmund is jumping out of the lineage by wanting to become a clergyman. Also, his attraction to Fanny and hers to him was considered immoral in 19th century England because of their relationship. Returning back to Jane, we can see how society could feel that her romance with Rochester was wrong. But even Jane is independent enough to leave him when he threatens her beliefs. She remains true to her beliefs, no matter what. Even when that means spending three days wandering around and almost dying for her choices. One theme that remains true to both novels is that both stories defy the norms of society. In Mansfield Park, the characters go against all duties and the idea of the structure of family. The theatrical in the book even furthers their attempts to do everything against what it right and moral at that time. In Jane Eyre, there are some

Water Pollution Essay Example | Topics and Well Written Essays - 1000 words

Water Pollution - Essay Example Furthermore, the waste materials lead to a decrease in the level of oxygen, that the wildlife inside the water have access to, and this weakens their body systems, as well as proves a significant problem for the coming generations of all these plants and animals. People living in and around the area also usually consume these fish and other types of sea food from the water bodies and fall sick due to eating contaminated food too. In the 1970s, the River Tees in England faced heavy pollution for over a decade which caused a great amount of problems including the absence of Common Seals and Grey Seals from the river. However, in recent times, the estuary has undergone major improvements and the seals can now be seen once again on the Seal Sands. The absence of flora and fauna speak volumes about the drastic levels of pollution that Tees was forced to face. (D.W. Pattenden) The water underwent a large number of changes including a difference in taste, colour and volume and this has caus ed a vast amount of problems for most of the people in the area too. The river Tees is situated in the Northern part of England, rising on the Eastern slope of Cross Fell in the Northern Pennies. It flows in the eastward direction and joins the North Sea near Middlesbrough between Redcar and Hartlepool. The river flows 120km from its source and many people say that the water that forms a part of the river is often very discoloured due to heavy pollutants present within it. A Hazen scale is now used in order to understand the colour of the water. The main cause for pollution of the river was heavy industrialization and thus contaminants in the form of industrial wastes and dumping, and over 500 tonnes of these toxic contaminants were being dumped into the river each day. This caused the river to become the most polluted water body in Britain. The main effects of all these wastes were that the water temperature of the river grew to a great extent, causing a decrease in the dissolved o xygen it contained. And thus, it was no surprise that no plants or animals were able to survive properly in the water of Tees. Due to the decreased levels of wildlife survival, the problem was sought to be tackled by the concerned government departments and the main solution that they brought to the scene was declining permits and tightening the discharge permits to industries and companies situated in and around the river. In the year 1972, these changes began to be adopted and the dirt in the area soon began to decrease. (Natural Britain, The River Tees, County Durham) A great part of the land from the river Tees had also been reclaimed in order to use for building businesses, bring about leisure development, as well as maintenance for public recreation. Various actions were taken in order to clean the environment around the river, cleanse the waste and garbage material as well as take initiative to treat the domestic sewage and industrial discharges coming from the factories and industries. The main idea was for industries to understand that they cannot be harming the environment or giving rise to new technology at the cost of wildlife and nature; the heavy pollution of the river has also caused problems for people eating the contaminated fish from the very water body and thus is a threat to not only the wildlife but also to the people who live in and around the area. (Biodiversity – Rivers) After having tested the water, it was found out that the water contained toxic levels of lead and lethal levels of bacteria and protozoa which were stemming the

Reflective Essay Example | Topics and Well Written Essays - 3000 words - 1

Reflective - Essay Example Besides, the aspect of professional behaviour is amalgamation of two different words profession and behaviour in which profession referred as the work that requires particular skill and involve high-level education as well as competencies in an individual. On the other hand, behaviour is regarded as way of acting or behaving in a particular scenario. Thus, based on the above analysis and discussion, I understood that professional behaviour is the approach of reflection of professionalism. Besides, in the overall respect, if we behave in a professional manner, then we will be able to uphold good respect over the public. On the other hand, it has also been reflected that if we tends towards behaving in a professional manner, it will significantly assist in uplifting our career and improve the overall working environment. The learning module assisted me with the aspect that in order to ensure professional behaviour, we must tend to compel the assigned rule and law in the professional ground. For instance, in a business, the accountants are needed to ensure that their work is conducted in accordance with the rules and the standards, which are applicable in the field of accounting. Moreover, the aspect not only emphasis the written rules and conduct, but also includes unwritten aspects in much ethical manner ensuring reduction of possible disrepute over the professions. Nevertheless, in the working environment, professional activities are highly interlinked, as an individual breaking his/her professional practice and code of conduct will create significant impact over the entire profession. Based on discussion of the learning module, I can affirm the fact that professional conduct is acting and governing the activities in a professional manner. In this respect, code of conduct is regarded as an important approach of ethical benchmark of the professional practice. Additionally, I can

The Secret Operations Executive Essay Example for Free

The Secret Operations Executive Essay The Secret Operations Executive played an important role in the Asian region during the Second World War. This intelligence agency was crucial in supporting the British war efforts in Asia by inspiring the local people to oppose their occupation by the Japanese forces. They obtained valuable information in Asia and passed this information to the British military administration, which increased the strength of the British in the region. The Secret Operations Executive or SOE was the British agency, which was supposed to promote sabotage and subversion in the occupied areas. This function of SOE can be seen in the region of Asia and other parts of the world. At one point of time SOE had nearly six hundred employees and it used various weapons and instruments such as ships, air crafts, and radio communications. These instruments were used to infiltrate the agents, arms, and explosives of the enemies who were found in the regions beyond the control of the British administration. These operations can be seen in the region of Asia during the Second World War period. SOE, during the Second World War, emerged as one of the most popular intelligence gathering agencies due to the use of various techniques of obtaining information and supporting the local people to resist their subjugation by the Japanese forces. It has been argued by some scholars that SOE did not achieve that great of a success, as it failed to maintain close relations with British military and other intelligence operations. It is interesting to note, in this context, that although SOE performed various intelligence related tasks, originally it was not intended as an intelligence organization. It was also not intended to inspire anti-Japanese movements in the Asian countries. This indicates that the managers of this organization decided, in the middle of war, to change the function and aims of SOE in order to obtain support for the British war effort. SOE played an important role in inspiring the local people to resist against Japanese aggression in Burma, Siam, and Malaya. This local resistance against the Japanese forces assisted the British in getting extra time to obtain men and materials necessary to protect their colonies in Asia from the Japanese aggression. The fact that the British had to depend on the co-operation of their erstwhile colonies also indicates that Britain had become weak during this period. By using SOE, the British were able to resist their enemies including the Japanese in Asia. This organization was able to achieve success particularly in Burma due to the co-operation given by the anti-fascist organizations, influenced by communist ideology, and the Burma National Guard. With the participation of the local people, SOE was able to protect the lives of many British people in the region. This allowed the British to obtain control of Rangoon by the end of Second World War. However, the British failed to bring all the intelligence organizations under the banner of SOE, which was established in 1940 to sabotage and destroy the enemy power in the occupied countries. By November 1940, SOE had prepared a plan for the South East Asian region including China, Manchuria, French Indochina, Siam, the Philippines, Burma, Malaya, and Hong Kong. This plan was named Oriental Mission (OM), indicating the interest of Great Britain in South East Asia. The main aim of this mission was to create and develop a spirit of resistance in these countries, so that the British army could invade them and occupy them without taking greater risks. However, the fall of Singapore and Burma resulted in a need to change the original plan of this mission. Now, OM became known as the Indian Mission and concentrated on Afghanistan, India, and Ceylon. SOE leaders provided training and weapons to the members so that they could resist the Japanese in their regions. SOE faced delay problems due to the official policy, which postponed the operations of this organization in Siam and Burma. It has been claimed by SOE officials that due to this delay, these regions were invaded and occupied by the Japanese forces. With greater co-operation from the British administration, SOE would have claimed greater achievements. However, it is important to note that in spite of official delays, SOE was able to achieve at least part of its objective of destroying enemy power in the occupied regions. Nevertheless, when compared to other regions, the Chinese operations were not successful as this agency had to suffer many reversals in China. SOE played an important role in the recovery of prisoners of war in the region of Burma and Thailand. However, usually this task is given to the International Committee of the Red Cross. In this case, SOE was asked to recover the prisoners in order to achieve humanitarian and strategic aims of the British military. The Japanese administration decided to construct the railway line connecting Burma and Thailand. For this, the Japanese used local labour as well as the prisoners of war. By using white labour, the Japanese attempted to prove the racial superiority of the Asians. However, in the process of railway line construction, nearly 12,000 prisoners of war, and 90,000 local people died. Many prisoners of war died because of the difficult working conditions they were forced to endure. This included long hours in the rain without obtaining any medical attention. The British administration decided to take action against the Japanese, but it did not want to give publicity to these measures. Therefore, SOE was asked to move to this region. During this time SOE had maintained close contact with the Thai resistance movement, which allowed them to obtain the information regarding the movement of Japanese forces in the region. SOE was in the best position to gather necessary intelligence information in order to help the prisoners of war in Asia. SOE was given this task because â€Å"†¦only an organisation that was experienced in local intelligence gathering and working with resistance groups would be would be able to cope with the urgent demands of the task†¦Ã¢â‚¬  It was realized that SOE was the sole organization capable of handling this task, as it had prior experience working in the region. It was also important to achieve success against the Japanese within a short time span, which could not have been accomplished by conservative agencies. The Red Cross was not in a position to achieve the task of liberating prisoners of war because Red Cross simply did not possess ability to carry prisoners of war liberation exercise. The British government was also interested in keeping this mission a secret since it did not want the public to react to news of the worse working conditions the prisoners of war faced, especially considering many of them were British. SOE was considered an intelligence gathering agency. In order to release the prisoners of war in Asia there was the need to obtain information regarding the Japanese army’s movement. In 1941, it was decided to send SOE agents to Thailand in order to gather information regarding the activities of the Japanese troops in the region. Information was obtained by interviewing the prisoners of war who were given small microfilm questionnaires. These questions provided information concerning Japanese morale during the war period. SOE was able to obtain information regarding technological capabilities of the Japanese. For example, they could learn that Japanese had installed wireless stations every thirty miles along the Railway. While some regions were heavily guarded, remote regions were not given that much importance by the Japanese forces. SOE was able to give information concerning the state of the prisoners, and thereby the government could send the goods that were demanded by the war prisoners in the Japanese camps. This facilitated the relief work of the government, and saved the lives of a large number of prisoners. Another important reason for the keen interest showed by SOE to achieve success in the Burma-Thailand region was its rivalry with the U. S. Office of Strategic Services (OSS). The Americans were suspicious of the British interest in Thailand. This compelled the British intelligence agency to use its full energy in order to achieve success in this mission. This competition between the US and British agencies resulted in the lack of co-ordination between these two agencies as they competed to achieve their missions in these regions. SOE also noticed the problems that were faced by the prisoners of war. These problems were lack of proper food, malnutrition, lack of financial power to buy food in the market, and lack of medicines. Humanitarian concerns also forced this agency to take active part in this mission. Through its relationship with Thai national leaders, SOE was able to obtain evidence to prove that Japan had begun transportation of the war prisoners to Japan. This information allowed the British government to make right kind of decision while dealing with the Japanese threat in Asia. This implied that Great Britain could send its army to capture those regions where the Japanese had become weak. It was feared that war prisoners would be taken to Japan, and there they would be killed. SOE maintained close relationship with leaders of Free Siam Movement, and assured them its help in their struggle against the Japanese in Thailand. This agency was able to obtain the help of nearly 90,000 guerillas who played an important role in rescuing the prisoners of war from the Japanese camps. After the end of war, SOE maintained direct contact with the prisoners of war and obtained information regarding their problems, their personal details, and their immediate needs. Relief was given to the prisoners of war by conducting operation ‘Mastiff’. These details show that SOE was able to protect the lives of a large number of prisoners of war, many of whom had come close to death due to lack of medicine and malnutrition. In spite of the above achievements, SOE suffered from various internal problems such as competition with Secret Intelligence Services (SIS) which lost its dominant position after the emergence of SOE. This resulted in lack of co-ordination between SOE and SIS. In the end SIS had to concede its defeat at the hands of its sister intelligence agency, as the SOE proved its superiority in Asia.

Act II Analysis & Character Development :: English Literature

Act II Analysis & Character Development At the start of Act II, John Proctor returns from the fields and sits down to dinner with his wife, Elizabeth. She has cooked up a rabbit, which apparently walked into the house and sat itself in the corner. Proctor seems out to please Elizabeth throughout this scene, kissing her and complimenting her on her cooking. Their small talk continues for a page or so, until the atmosphere abruptly changes, as Proctor enquires, â€Å"I think you’re sad again aren’t you?† Elizabeth responds by saying that he had returned so late that she thought he had gone to Salem. When Elizabeth mentions that Mary Warren is currently in Salem, Proctor becomes angered, demanding why Elizabeth did not stop her. Elizabeth suggests that he himself, go to Salem to testify that the accusations of witchcraft are false. Proctor says that he cannot prove his allegation because Abigail told him this information while they were alone at Parris’ house. Elizabeth is greatly dismayed upon learning that he and Abigail were alone together. Proctor demands that she stop judging him. He says that he feels as though his home is a courtroom, but Elizabeth responds that the real court is in his own heart. This is implied by the line: â€Å"I do not judge you. The magistrate sits in your heart that judges you.† This also suggests that regardless of whether Elizabeth forgives Proctor, he still cannot forgive himself. When Mary Warren returns home, the mood of the scene changes dramatically. As soon as Mary enters the room, Proctor goes directly to her and grabs her by the cloak, furious. â€Å"How do you go to Salem when I forbid it? Do you mock me? [shaking her.] I’ll whip you if you dare leave this house again! Mary responds by saying she is sick and gives Elizabeth a doll that she sewed in court, saying that it is a gift. She reports that thirty-nine people now stand accused. John and Mary argue over whether Mary can continue attending the trials. Elizabeth’s name was apparently mentioned in the accusations (Mary will not name the accuser), but Mary spoke out in Elizabeth’s defense. Proctor instructs Mary to go to bed, but she demands that he stop ordering her around. Elizabeth, meanwhile, is convinced that it was Abigail who accused her of witchcraft, in order to take her place in the Proctor household. Overall, this is a very important Act in terms of the relationship between Proctor and Elizabeth. It brings to light a number of crucial issues such as deceit, dishonesty, unfaithfulness and a growing sense of mistrust. Throughout the scene, Proctor seems motivated by feelings

Marketing and Overall Communications Objectives

Integrated Marketing Communications Plan Outline 1. 0 Executive Summary The executive summary is an important piece to your IMC Plan. Often, CEO’s will not take the time to read all of the details of the plan, so this particular part of the plan should be a one page summary of the goals, execution plan, and potential results. 2. 0 Marketing Communications Objectives The marketing communications objectives set the tone for the whole plan. They should be specific, measurable, and used throughout the rest of plan so that all of the tools are aligned to enhance the overall goals.The Marketing Communications objectives should also be bereft of any mention of raising sales. Instead, they should be focused on actual communication objectives, such as â€Å"increase web traffic by 20%,† or â€Å"reach 15% of the target market in the first month. † 3. 0 Situation Analysis The situation analysis is the point in the document where you should discuss the initial research find ings that will guide your recommendations. Only relevant information should be displayed in this area, as you will need to invoke it, when discussing the actions that need to be taken to accomplish the marketing communications objectives.You will also want to identify your stakeholders, target audiences, discuss geographic considerations, seasonality, the competition, the creative strategy of the competition, and perform a SWOT analysis. 4. 0 Research This section should clearly articulate the research tools, mediums, and points of emphasis for the campaign. This is not only about past research, but on-going research that can be used to help with the evaluation of the campaign. An important question to ask is, â€Å"how do we plan to review the changing perception of the brand and product†? . 0 IMC Campaign Strategy Outline the overall strategy and how/why it should be effective to accomplish the marketing communications objectives. Discuss how you intend to message the stake holders and target audiences and why it makes sense to do so in the manner you have selected. This section should also help you identify why key stakeholders will act favorably or unfavorably to messaging, identify potential challenges, have a market segmentation strategy, rationale for the recommendations, and fully develop the creative strategy statement. 6. Creative Brief The creative brief is a document all on its own, often used in advertising to develop an ad plan. The Big Idea of the creative should be discussed, and the logo and tagline should be developed in this section. It is often a good idea to reiterate the overall communications objectives and more clearly define communications objectives that will support the main objectives. Also write out the actual features and benefits of the product or service, as this will help develop the message and points of differentiation from the competition.The brief should then tell strategy of the creative, give tone and include a supp orting statement of the big idea. 7. 0 Advertising Tell the reader what mediums will be used for each target audience, the objectives, the media plan, and timing of the communications. Additionally, each of the mediums will need to have rough scripts, tone, colors, and artwork conveyed. 8. 0 Direct Response Email Talk about the objectives and execution strategy of emails. Also, the reader should understand where the email lists will come from, what the call to action will be, and how often the emails will go out.If testing will be performed, explain what will be tested and how that testing may affect the email message and delivery. 9. 0 Public Relations Every company has a public relations message, whether they know it or not so the IMC Plan should have a strategy associated with this particular communications vehicle. 10. 0 New Media New media is growing and must be developed to reach consumers where they are networking. Blogs, Vlogs, Podcasting, Mobile Marketing, Display Ads, and Social Networks can all be strategically used to help you accomplish communications objectives, but the plan must identify how. 1. 0 Consumer Promotions Consumer promotions can generate engagement, but a discussion about what fits with the big idea and the brand message should be performed. What are the objectives, how will it be measured, and will you do a sweepstake event, or contest? Also, another media discussion should be opened, as promotions can happen in stores, online, at experiential events, and on the phone. 12. 0 Budget The budget is quite important, as the details of how and when the money will be spent need to be understood so that the reader can know where the money is going.A suggestion is to develop a spreadsheet by month by medium and time (month, week, quarter) that will allow for dollar placement in each specific cell to make it easy for the reader to understand the complete picture. 13. 0 Measurement and Evaluation All of the measurement and evaluative tools mus t be explained. Once again, develop objectives. What specifically will be used to measure and evaluate the effectiveness can be spelled out, specifically. Questionnaires, word of mouth measurement, focus groups are all good options, but which will work for your product/company will have to be identified.It is smart to look at each recommendation and set an evaluation plan for it. The process should be repeated for advertising, sales promotions, etc. An overall measurement and evaluation plan is not acceptable in a fully developed professional plan. Specifics about each medium need to undergo extensive analysis for an on-going review of each tactic as its own entity. 14. 0 Appendices – (Communication Chart, Media Plan, Online Plan, Etc. ) Appendices are optional, but placement of charts, artwork, and spreadsheets can clutter the plan. 15. 0 References 16. 0 Footnotes