McCarty v. Pheasant Run , Inc.

Summary of CaseMrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused prolonged emotional distress which led to an early retirement. An investigation revealed that a sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker to gain entry into her hotel room. Mrs. McCarty made multiple claims of negligence against Pheasant Run Inc., including that they should have had better locking devices on the sliding door; more security personnel; the walkway to her sliding door inaccessible from the ground level; better over all procedures for dealing with non guests; posting signs telling guests to keep their doors locked at all time s. Ultimately, the court did not see it Mrs. McCarty’s way. McCarty argued the judge should have granted her motion for judgment notwithstanding the jury’s verdict for the defendant.McCarty did not request the directed verdict on the issue of Pheasant Runs negligence which is a prerequisite to judgment n.o.v. Many accidents are neither the injurer nor the victims fault and therefore there is no liability. The judge advised Mrs. McCarty that the case was not as one sided as she believed it to be. Additionally, following a jury’s verdict, a judge cannot substitute its judgment when the judgment was reasonable (2). Mrs. McCarty did a poor job in proving that Pheasant Run could have prevented her attack with her advised precautions.Mrs. McCarty did not provide information of what it would cost Pheasant Run to equip the hotel rooms with improved locking systems and whether the system would have been impenetrable. She also failed to advise the jury on the additional s ecurity forces she claimed would have made a difference. In regards to the Mrs. McCarty’s sliding door, it was equipped with a lock and an additional safety chain. The safety chain was fastened but the lock was not used. This case  had evidence of negligence but none of strict liability. There were reasonable precautions in place. Elements of Intentional TortTort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.An intentional tort case is proved by the plaintiff showing that the defendant intentionally injured him/her (1). In a negligence case, the plaintiff shows that the defendant did not act carefully as the law requires and therefore should be liable for any damages to the plaintiff (1). The strict liability cases occur w hen a plaintiff suffers damages even though the defendant acted carefully and with no intent of harm being done to them (1).During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc†¦ How a Defense is TriggeredA common defense is that there was a superseding intervening cause which was the cause of the injury to the plaintiff. The plaintiff must then prove that the injury was a result of the tort committed by the defendant and not due to the progression of the prior cause. Another defense, regarding breach of duty, is that a plaintiff must show they have damage that is legally recognized. The plaintiff cannot claim they have suffered but cannot show damages.Proximate cause refers to the plaintiff being able to show that the damage and or injuries they sustained were a r esult of the tort they are suing for. An example would be the plaintiff’s nose was broke as a result of the defendant flailing his elbow’s amongst the crowd. Features in a Negligence ComplaintScenarios where people are injured as a result of an accident occur more frequently than those where people are injured due to malicious behavior. As a result, the law recognizes a duty to conform to a certain standard of conduct for the protection of others against unreasonable risk of harm. If there is a failure to conform which results in an injury, damage or loss, the injured party has a cause of action for negligence. Additionally, a court will utilize several ways to formulate the negligence standard.One of the more famous is the â€Å"Hand Formula† which determines whether the burden of precaution is less than the magnitude of the accident, if it occurs, multiplied by the probability of occurrence. In a negligence case, there are four elements that must be researched for a plaintiff to recover damages.These elements include: 1) did a defendant owe the plaintiff a duty to act in a certain way 2) did the defendant breach the duty by failing to act as well as the duty required 3) did the defendants conduct cause some harm 4) did the defendants conduct harm the plaintiff (1). If any of these elements are found to not be true then no cause of action in negligence is recognized. It is important to note that it is the responsibility of the plaintiff to prove that the defendant was negligent. There are some differences between negligence and other torts. When establishing negligence, the defendant has a â€Å"reasonable person† standard he/she must abide by.Compared to strict liability, a person has the absolute duty to make safe that which is the subject of the lawsuit (3). Negligence per se is another tort which differs from negligence. Regarding negligence per se, an act performed is shown to be in violation of state law or city ordinance. Ma lpractice is a form of negligence which takes form in a different field. It is coined â€Å"professional negligence† (3). A person is required to act as would a reasonably skilled, prudent, competent, and experienced member of their profession.

A policy of imperialism in America

A policy of imperialism in America From the late 1800s through the early 1900s, Americans pursued a policy of imperialism that became referenced as Social Darwinism. This Imperialist Age left a positive impact on America through the military and economic worlds. Leading the nations, the United States felt that colonies were crucial to military power. Militarism and imperialism were both connected. They were connected because imperialism meant the stronger taking control of the weaker and having a strong military is what America wanted to have to be the more powerful nation and take control. Europeans have been taking control for years and America didn’t want to be next Imperialism made the military row stronger for its country. In the 19th century, military power was a form of imperial strength. A nation needed a strong military to protect its interests and support its policies. â€Å"Seeing that other nations were establishing a global military presence, American leaders advised that the United States build up its own military strength†(Holt 549) Strong armies and navies were needed to take care of the United States, to protect trade among other countries, and stay strong against threats and rivals. Admiral Alfred T. Mahan of the U.S. Navy urged the government officials to strengthen and put time/money into the American naval power. â€Å"As a result of the urging of Mahan and others, the United States built nine steel-hulled cruisers between 1883 and 1890†(Holt 549). This was done in order to compete with other nations. Governments and leaders who have not been able to maintain their armies and navies are considered less than or weaker than other countries. Americans military strengthened and overcame many obstacles for it to be one of the armies of the leading nations.This wasn’t the only positive effect but also. In the late 19th century, advances in technology enabled American farms and factories to produce more than the average amount of American citizens could consume. The United States needed more material for the factories and new, different markets for its goods. â€Å"Imperialists viewed foreign trade as the solution to American overproduction and the related problems of unemployment and economic depression†(Holt 549). The motive for nineteenth-century European imperialism is that imperialism would benefit the economies of the colonial powers. Some Americans formed the idea that Social Darwinism came into play. â€Å"A belief that free-market competition would lead to the survival of the fittest†(Holt 550). America was growing and reaching to the top of the economy list of the world and many believed that the United States had the responsibility to help the inferior peoples. Because the American economy advanced and produce more goods, the country became richer than ever and helped make the economy boom. Overall imperialism really had a major factor when having the United States military grow stronger as it pushed the country to protect its interests and support its policies. But also help the economy rise, advance in technology, and produce more goods.

Capital asset pricing model Essay Example | Topics and Well Written Essays - 1000 words

Capital asset pricing model - Essay Example The market indices of the securities market may not always diversify well. The capital-pricing model will not explain investors’ behavior and the beta might fail in capturing the risk of investment in real life practice due to these factors. Therefore, the model fails to act as a uniform and efficient valuation model in a real practical situation. The model only works in a generalized situation that is when dealing with a portfolio but fail if the investment is broken down into single forms of securities. The capital asset pricing model assumes that the higher the risks the higher the return and that all the investors are risk averse. The model assumes that securities are highly divisible into small parts. The model further, assumes that all investors access information at the same time and that investors make decisions based on a single period horizon. The capital asset pricing model is practically difficult to validate. Empirical validation of the capital asset pricing model has to establish that beta has ability to measure the risk of a security (Szyszka, 2009). It also has to show that there is a significant correlation between beta and the expected rate of return. The empirical results have however, being of mixed outcomes. The results have shown that the relationship is not as strong as the capital asset pricing model indicates. The results also have also shown that the expected returns are also related to other measures of risk, which includes firm’s specific risk. Other factors such as market value and book value ratios relationship with returns were found to be significant. In order to test capital asset pricing model empirically researchers need to use data on expected prices. However, the data available is historical information only. This therefore, will result to biased empirical results. The capital asset pricing model assumes that the market portfolio consists of all the assets in all the markets. The market portfolio according to t he capital asset pricing theory must include every marketable asset (Khalaf, 2010). The assumption behind the market portfolio is that market index performance is impacted by every factor in the economy. The use of proxy portfolio is very controversial and this leads to the questioning of the validity of the Capital asset pricing model. Capital asset pricing model measure of a security future risk (Beta) is constant. In a real security market, investors do not have future information about the market to estimate beta. Investors only have past information about the market portfolio, performance of different organizations and prices of shares. Therefore, investors can only estimate the measure of a security future risk using historical data. The use of a historical beta is only applicable in case the beta is stable over time. Research has shown that betas for different securities are not constant over time. Therefore, historical betas are poor indicators to determine future risk of se curities. B) Describe Roll’s critique of the early empirical tests of the Capital as

Partnership between FedEx and Environmental Defence Fund Dissertation

Partnership between FedEx and Environmental Defence Fund - Dissertation Example Presently the governmental sector and the NGOs have realised the potential significance of incorporating businesses within the worldwide process of growth and development. Businesses with the capability and necessary funding to affect stakeholders positively may not be well adapted to the requirements necessary to maintain corporate social responsibility. It has been observed that often business firms aiming at being socially more responsible, lack adequate training and knowledge to implement various developmental plan and program. On the other hand, the various NGOs that are adept at carrying out developmental programs globally, lack funds (owing to persistently decreasing governmental support from the public funds in context of the recent economic crisis) and other resources to implement effectively their projects on a long-term basis (Bobenrieth and Stibbe, 2010). Owing to these requirements as observed in both the entities that have led to increasing instances of co-operation bet ween the profit and non-profit making sectors, that often move â€Å"beyond basic philanthropy to ‘win-win’ partnerships†¦ [and generate] strong business, social and environmental benefits† (ibid, 1). Further accelerated by worldwide economic crisis, the trend amongst the NGOs and the corporates to work in collaboration and achieve sustainable social development, is fast turning into a reality in many nations. Many of the international institutions that work in social and economic development and fund raising activities have acknowledged the significance of cooperation between the two entities for sustainable and effective global development. Agenda 21, a 1992 UN action plan for sustainable development, first created the framework for institutionalising governing processes in the form of collaborative arrangements (Glasbergen, 2007, 1-25). Later in December 2005, the UN General Assembly passed a resolution known as â€Å"Toward Global Partnerships,† w here collaboration between corporates and NGOs are shown as significant for a nation’s development and poverty removal. This resolution noted that â€Å"in regard to developing partnerships through the provision of greater opportunities to the private sector, non-governmental organizations and civil society in general so as to enable them to contribute to†¦the pursuit of development and the eradication of poverty†(UN General Assembly Resolution 62/211, Toward Global Partnerships, 2005). Therefore, it is quite evident that there is an increasing importance being attached to such collaborative activities for the general social welfare, worldwide. Although there are many principle/ethical based functional differences between a NGO and a corporate house, in the modern context, it is important for such partnerships to exist, for three primary reasons. The first reason is the fast-paced globalisation and modern innovative technology have resulted in a better-connected w orld; however due to the same globalisation now local problems have also acquired a global face and become

Research Process for the Rights of the Mentally Ill to Have Children Paper

Process for the Rights of the Mentally Ill to Have Children - Research Paper Example Literature Review Nicholson et al. (1993) conducted a study to find out whether the state departments of mental health of sixteen states are giving enough healthcare rights to mentally ill women who have preschool aged children. They found that not many states had satisfying policies to provide outpatient services to mentally ill women, and there were no policies regarding the visitation of their children to them when they were hospitalized. This study shows that much improvement is needed in this area and insufficient healthcare is restricting the rights of the mentally ill to look after their children properly. Jacobsen and Miller (1998) conducted their research on mentally ill mothers to find out if they are capable of looking after their children properly. They found that many mentally ill parents are deprived the right of their children’s custody â€Å"due to child abuse or neglect†, due to which the children have to live in foster care. The researchers claim that since parents with long chronic mental illnesses cannot ensure safe parenting, hence they should be denied their parental rights. Feldman, Stiffman and Jung state in their study that children of mentally ill parents are likely to suffer from many behavioral disorders (1987). The researchers studied 306 children of ages between six and sixteen. They found that the children had disturbed relationships with their mentally ill parents because the parents could not provide them with secure family environment. This study supports the fact that mentally ill parents are not able to care for their children properly. Cohler et al. (1980) compared the two groups of participants, one of which consisted of mothers who were discharged from psychiatric hospitals and the other one consisted of normal mothers to find out â€Å"child rearing attitudes and adaptation to adult social roles†. They found that mentally ill mothers were unable to foster healthy relationships with their children and could not differentiate between their own and children’s needs. This hindered with the children’s abilities to adapt adult roles later in life. Gamer et al. (1977) had also reached the same conclusion earlier in 1977 when they conducted their research on three year old children performing an interaction task with their well and mentally ill mothers suffering from psychosis. They found that there were â€Å"differences in the pattern of intercorrelations among these interaction variables between the two groups† (Gamer et al., 1977). Bagedahl-Strindlund (1986) found that acute mental illness was positively related to pregnancy complications. They studied pregnant mothers admitted in psychiatric hospitals and found that delivery complications were also there in those patients who showed prepartum onset of mental illness. Mentally ill mothers also had a history of more abortions than well women. Mohit (1996) supported this research by finding in their research that seriously mentally ill mothers underwent frequent psychiatric hospitalization due to motherhood strain. This study helps prove that mentally ill mothers are not able to cope with motherhood roles efficiently. Stanton, Simpson and Wouldes (1999) found that mentally ill mothers are also involved in filicide. They interviewed mentally ill women who pretended to be very caring toward their children but at the same time regretted the killing of their children under unexplainable intentions. Research Question The research question formulated is that: Are the mentally ill able to bear and

Gender Inequality Research Paper Example | Topics and Well Written Essays - 1500 words

Gender Inequality - Research Paper Example This report stresses that there is statistical evidence regarding the roles of men and women in society. Men are paid better than women for the same services. Women possess less properties, physical assets, financial resources, and are not equal to men in education and technology usage. They word harder than men but it cannot be economically proved as they don’t get rewarded for that. Women are not independent in making decisions whether at home or the community they belong to. Cultural traditions and assumptions come in the way of treating women equally to men. They carry higher risk to violence and rape than men. Gender inequality is inherent in society as it is based on cultural beliefs, societal attitudes, power and independence. This essay makes a conclusion that the media watch-dogs should keep an eye on finding and checking gender stereotypes and partial attitude towards women. They should observe that regulation and standards are adhered to by speaking non-sexist language. Gender issues should be included in the production and use of media so that gender stereotypes no more remain a roadblock in the partnering of men and women in all aspects of life. It is a human rights responsibility also to eradicate negative gender behavior and attitude from all walks of life. Media and advertisement organizations need to be transparent in their policies if they are keen on discouraging gender based discrimination through policy initiatives, and increase their credibility rating. Only media can be the best platform to be used as a tool in empowering gender equality, which will result in economic and social growth.

12 month Integrated Marketing Communication campaign for Nike Coursework

12 month Integrated Marketing Communication campaign for Nike - Coursework Example The business will sell Nike brand of products that it produces to ideal customers cover all classes of people (Joseph, Gregory and Thomas, 2011). The products stand unique in the market because of the affordable prices that they will be charged. The owners of the business are professionals in the industry; this was to ensure that their skills can as well be combined in the production exercise. The business has future projects of expanding its operations to the foreign markets and thereby expands the markets of the business to enable the business increase the sales to greater heights and then maximize on the profits. The marketing communication campaign is very much effective in the attracting and drawing of customers to the business, creating a good image of the business and therefore retaining the loyal customers whose loyalty had been won by the business. It is also important to highlight that this campaign is very much aware of the size of the market segment that is within the capture as well as the market segment it intends to sell Nike product to. The market knowledge is very crucial as a mistake made in the location of the target market is almost to near impossible in correcting (Terence and Craig, 2012). This paper delves in the discussion of Integrated Marketing Campaign, (IMC). This can be defined as the measure that the various firms use in attempt to achieve and reach the set targets, missions, goals and objectives that were put in place during the initial stages of planning. In this approach, it is therefore important to highlight that the techniques that will be used by the firms and business institutions are complementary in nature. This is because each method kind of gives another support in one way or the other and they can be used I place of the other as well since they are all geared towards one target. In this