Business Law Essay Example | Topics and Well Written Essays - 1250 words - 10

Business Law - Essay Example Stevenson1 in which it was stated that a person must take reasonable care to avoid acts or omissions which if seen with reasonable foreseeability are likely to cause an injury to that person’s neighbour. The definition of neighbour was stated to be a person who would be so closely and directly affected by the act that he should be contemplated of when doing the act or omission. This is what is known as the neighbour principle. The test was reformed in Anns v Merton2 where Lord Wilberforce suggested a twos tagged test. The current position is that of House of Lords in Caparo v. Dickman3 whereby a three stage test was laid down. First, it must be reasonably foreseeable that the conduct of defendant would cause damage to the claimant. Secondly, there must be sufficient proximity between the parties and finally ‘the situation must be one in which the court considers it fair, just and reasonable the law should impose a duty of care of a given scope on the one party for the be nefir of the other’. (Wild et al 2010) The courts in Caparo stated that the defendant, who had undertaken the statutory audit of the public company was under a duty by way of contract to the shareholders as a collectivity and went on to say that individual purchasers of the shares of the company were not owed any duty even if they were existing shareholders nor did any liability arise in respect of the creditors of the company. It is more than evident that the accounts of the company are relied upon and the auditors’ manuals and other material may clearly point out to the fact that there has been reliance. However, the courts have due to policy reasons that the possibility of multiplicity of claims (floodgates argument) and business factors have disallowed such claims. Therefore the main reason of the courts has been that the auditors do not owe a duty to investors where reliance is placed on such audit reports because of lack of proximity; the other reason would be an

See Below Essay Example | Topics and Well Written Essays - 250 words - 9

See Below - Essay Example However, this appearance of unanimity quickly disappears if we ask, â€Å"What are the parameters of a free speech in a host of complex circumstances?† Therefore, practical implications for acceptance of these rights are highly uncertain. Utilitarian explores the pros and cons of an action before choosing the better action (Rachels 102). Commonsense might be misguided; therefore, commonsense cannot be trusted. Utilitarianism has contributed greatly in filling up deficiencies of commonsense. Most argue that utilitarianism may lead to conclusions that are contrary to commonsense morality (Rachels 103). Commonsense advocates may also argue that one should not sacrifice some humans for the happiness of others. If we put this into utilitarian perspective, then we may never realize the peace that we often enjoy. Hence, it is equally â€Å"commonsense† that soldiers should sacrifice their lives in a defensive war. In conclusion, it is a good thing that utilitarianism cannot be reconciled with common sense. Commonsense cannot be trusted and may be misguided. In many of our present circumstances, we are forced to weigh what action is of more benefit to a majority, such as sending soldiers to war torn zones (sacrificing) so that a majority may enjoy

American Literature- Book- The Virginian by Owen Wister Essay

American Literature- Book- The Virginian by Owen Wister - Essay Example The author has explained the differences between the settled east and the west through its characters. In the west, people do not give much respect to the lives of others and they are killed even at the smallest of matters. However, the morals of the main character can be understood when at one point he refrained from killing a person. Following is an excerpt from the third chapter; These lines suggest that the main character is different from other men in the west and he tries to follow his own code of conduct in life. He does not draw his gun at every smallest matter like most men in the west. The author explains that it is the cowards who shoot before it is even necessary. It is the brave men who rationalize their actions first. The passage also suggests that it is only cowards who may be dangerous when they draw weapons, however brave men do not use their weapons irrationally and unless it is absolutely necessary. Thus, the author explains the moral values of the Virginian. The author explains the differences between the west and the east through the differences between the characters of the Virginian and Molly Wood. Molly Wood is a schoolteacher who does not exactly understand the Virginian’s ways but still they find themselves liking each other. In chapter eleven, the relationship between the Virginian and Molly strengthens when after a party, Virginian takes Molly for a horse ride and they get into an argument. Afterwards, Molly gives Virginian some books to improve his education and the Virginian gives Molly riding lessons. The Virginian finds himself in love with Molly and tries to confess it to her but Molly does not feel the same way. They had to separate due to their jobs. This may be the factor that triggered a change in the Virginian’s life. Towards the end of the book, the author shows that the Virginian is a changed man. When

Financial Statements Paper Part II Essay Example | Topics and Well Written Essays - 1000 words

Financial Statements Paper Part II - Essay Example here has been no reduction in equity of the company in year 2009 when compared with year 2008 so reduction in debt-equity ratio and debt ratio is attributed to lower debt component in year 2009. Lower debt-equity ratio reduces the risk of the company during difficult time as witnessed after the financial crisis of 2008. Major impact in the Home Depot’s performance has come in the form of interest coverage that has reduced in 2009 to just 6.98 times from the much safer coverage of 22.6 times in year 2008. This has also reduced its capacity to borrow more funds for business expansion. As far as revenue is concerned, the company reported sales of $77.3 billion in 2008; it has decreased to $71.228 billion in 2009. The company’s sales are in downward trends. It is apparent that the company’s businesses have been affected by the economic recession that set in after financial crisis in 2008-09. This reduction in revenue has also affected its return on assets that decreased significantly to 5.34% in year 2009 from 9.9% registered in 2008. Post 9/11 regulatory environment pertaining to information security has been quite rigorous. No company can afford to compromise with employee, customer and company data. Customers rely enormously on the company management and believe that their personal information and data will not get misused or compromised. It is true that any misappropriation of customer, employee or company data could endanger their reputation significantly resulting into financial losses apart from facing lawsuits by the affected people. Zoning regulations prevent use of property in a certain manner. Zoning regulations mean conforming to local land and building regulations and conduct businesses conforming to local laws. Zoning regulations also imposes certain conditions such as providing adequate parking facilities, timing of operations for doing business activities. Thus, zoning ordinances may impact the business activities of the company’s store in

Introduction to Social Networking Web Sites Essay

Introduction to Social Networking Web Sites - Essay Example Many of the sites are user friendly and available at no charge. Since the sites have shown huge popularity, many businesses are able to use the sites as a form of advertising. Reasons like this are why companies such as Google have invested over 1 billion dollars for a site named You Tube. To further explore a social network it is important to review what a social network is. A social network as defined by an unknown writer from â€Å"what is social networking†, â€Å"as the grouping of individuals into certain groups†. This is very true in the sense that social networking sites group different types of individuals into different groups based on likes and dislikes. Social networking sites have objectives just like any other site. Social networking allows for individuals and businesses to communicate through a virtual setting. An article by Don Lafferty, explains how social networking has contributed in the growth of social enterprises. (Lafferty 2007) Social networking allows individuals to be shown a new form of communication. This is very beneficial to businesses. A common social networking site is Facebook. Facebook allows users to search for friends, create profiles, and have access to businesses and advertisements. Facebook was founded by Mark Zuckerburg Mark was named â€Å"person of the year† in 2010. (Grossdman2010)

Discussion Forum Post Essay Example | Topics and Well Written Essays - 250 words - 3

Discussion Forum Post - Essay Example I do agree with Castiglione to some extent, but I think that he overlooked the fact that for individuals to perform well they need to acquire experience in the field they are engaged in. I think that no man can be perfect in all areas; everyone has a strong and a weak point. In addition, he never considered the moral values of a gentleman. This is emphasised in the book The American gentleman where the author describes a gentleman as a person who gives room for character development. He is a person that proves to others that he is committed to following the moral high road and acquires his personality and continuously developing, which is associated with his actions. The author also highlights that being a gentleman necessitated self-sacrifice, needs efforts and that a gentleman offers himself freely without expectations for anything in return (Hall v). Yes I agree with Machiavelli’s conviction that a leader must never trust anyone because as written in the selected political writings it is hard to anticipate an armed person would obey a defenceless person gratefully or a person who is not armed would feel secure in the hands of armed employees. This is due to the fact an armed individual disrespects a person who is not armed, and the defenceless person does not have confidence in anyone who can overthrow him. The author describes a wise ruler as the one who is always working in periods of peace taking the advantage of the calm period to prepare for trouble and when disaster strikes he must be ready to retaliate (Machiavelli & Wootton

The Effects of Lead Contamination on Fetal Brain Development Essay

The Effects of Lead Contamination on Fetal Brain Development - Essay Example From the discussion it is clear that the most common source of lead poisoning in the United States is from paint. Leaded based paint was banned in 1978 many decades after European countries; however, there are many old buildings in need of renovation that still contain lead pipes and paint. Steingraber notes that the effects of lead on the fetus were first observed by women worked in the white lead factories in 1911. The female workers found that once pregnant the disease, plumbism, seemed to be cured. Plumbism refers to the erosion of the brain capillaries from lead and indeed the women would have felt relief once pregnant as then the lead crosses the placenta into the fetus. As the report stresses lead poisoning causes long term, serious defects as it disturbs an enzyme process that produces heme, which is essential for cellular metabolism. Children under three and fetuses are the most susceptible as the brain has not completed the blood-brain barrier. Lead causes hemorrhage and swelling as it destroys the capillaries. The half life of lead in the blood is 35 days, it remains in soft tissue for 40 days and is then stored in the bones for 20 or 30 years. The lead levels may not reflect an accurate count of the total lead in the system as lead is released when calcium declines and soldiers with shrapnel wounds may have resurfacing lead return to the bloodstream. Lead exposure can happen in some unusual ways such as having consumed homemade liquor or moonshine or from chewing on an imported toy.