Legal memo

We filed a complaint last month in trial court alleging that there was negligence on the part of the store. We were seeking an award for damages. In the answer to the complaint the store alleges that Samaritan Smith had a duty to avoid the spill, and was unable to fulfill that duty because she was distracted by her misbehaving child. The store claims that her being distracted makes her equally at fault for the Injuries sustained in her trip and fall accident.Statement of Facts: While shopping at the local grocery store with her young son, Samaritan Smith lipped on clear, gel shampoo that had spilled Into the Isle. The fall resulted In a broken hip, requiring an overnight stay at the hospital as well as several months of physical therapy. The grocery store Indicated that although they complete hourly Isle clearance checks they were unaware of the spill. Issues: 1. Was the store negligent for not providing an environment free from hazards? 2.Is Samaritan Smith partially responsible for her injuries based on her not keeping proper lookout and not avoiding the spill? 3. Based on the Comparative Fault Act, can Samaritan Smith recover for her injuries? BRIEF ANSWERS: 1. In Indiana the owner oaf business or store is required to take reasonable measures to keep their property in a reasonably safe condition for persons who will be using the property. 2. Samaritan Smith does have a responsibility to maintain her own personal safety. 3. Based on the Comparative Fault Act, can Samaritan Smith recover for her injuries? Applicable Statue: 1.â€Å"A Claimant is barred from recovery if the Claimant's introductory fault is greater than the fault of all persons whose fault proximately contribute to the claimant's damages†. The amount awarded is reduced and possibly eliminated based on the level of claimant's fault found. Legal memo By cathedral The store claims that her being distracted makes her equally at fault for the injuries slipped on clear, gel shampoo that had spi lled into the isle. The fall resulted in a physical therapy. The grocery store indicated that although they complete hourly isle Legal Memo I chose to say contributory negligence because we cannot deny that cases of beer were not properly secured In our vehicle, proving that It was some percentage of our own default. ‘The plaintiff shall be barred from recovering damages if the Trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the Injury or damage for which recovery is sought. Illinois State Statute 735 ILLS 5/2-1116(c) (2011). Thus we must provide proof that the plaintiff, Mr..King contributed at least 51% of the negligence. A similar case would be Attainment v Modern Industries, INC. 960 F. Ad 692; 1992 U. S. App. LEXIS 6205. This case Involved a collision between a truck (Defendant, Modern Industries) and a person (Attainment). Attainment died due to his Injuries resulting from the accident. The decedent's mother brought a wrongful death slut against Modern Industries. Attainment was found to be 51% at fault thus the claim against Modern Indus tries was denied.Attainment's actions before he collided with Modern Industries are what led to the accident In the first place. An example of one of Attainment's contribution to the accident Is: â€Å"No person shall open the door of a vehicle on the side available to moving traffic unless and until It Is reasonably safe to do so, and can be done without Interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic or a period of time longer than necessary to load or unload passengers. Ill. Rev. Stats. 1989, chi. 95 1/2, par. 11-1407. Legal Memo PAP 10 By Jeroboams that cases of beer were not properly secured in our vehicle, proving that it was some percentage of our own default. â€Å"The plaintiff shall be barred from recovering is more than 50% of the proximate cause of the injury or damage for which recovery U. S. App. LEXIS 6205. This case involved a collision between a truck (Defendant, Modern Ind ustries) and a person (Attainment).Attainment died due to his injuries resulting from the accident. The decedent's mother brought a wrongful death suit Modern Industries are what led to the accident in the first place. An example of one of Attainment's contribution to the accident is: â€Å"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor

Financial Outcomes Paper Essay Example | Topics and Well Written Essays - 1500 words

Financial Outcomes Paper - Essay Example (The home depot, n.d.). The main cause for reduction in sales could be deduced as arising out of a general fall in demand for products of construction industry, due to unemployment and tight money market conditions which offered lowered scope for loans to meet housing repairs, etc. It could also be seen in terms of the fact that, in the US, the fragmented construction industry is not very concentrated, and is broken down to a large number of SME’s, who indulge in construction activities, making it very competitive and price sensitive. Thus, it has become necessary for Home Depot to cut down jobs. In the process they are forced to do away with sinecure positions and concentrate on the core business of generating revenues and business profits. Thus, the company has restructured its HRD, to begin with, in order to slash operating costs. Accordingly they have dispensed with both the Human Resource Managers and supervisors in all its stores. The company has announced that around 2200 employees would be affected by this change and there would be around 1000 job losses. (Can you improve service by firing HR people?, 2008). This has become necessary since profits of the company have slumped in recent years. The Gross Profit has come down from $25,997 M in 2007 to $ 23,990 during 2008, a fall of 7.72% when compared to the previous year. (Appendix 1) It is further seen net profits declined from $4395M during 2007 to $2260M in 2008, a dramatic and significant reduction of nearly 50%, or almost halved the profits during the year 2008 under review. (Appendix 1) Coming to the HR aspects, it could be seen that the main impacts or implications of job cuts or reallocation of the workforce into the core areas of business, the check outs and stores would be as follows: 1. The main functions of HR are in terms of addressing labor related issues, interalia, discrimination,

Describe major aspects of British colonialism in India and its Essay

Describe major aspects of British colonialism in India and its influence on the Indian population - Essay Example New inventions of the 18th century gave rise to a new production process in the Great Britain – called factory production. It was the beginning of Industrial Revolution in Europe. Industrial revolution (â€Å"The origins of Industrial Revolution in England†) created a need for new markets for sales of the finished product and search for raw material. British quest for a new market was the primary reason for colonizing India. In 1600, a trading company, by the name East India Company (â€Å"South Asian History – Colonial India†) was formed in London with the blessing of Queen Elizabeth I. East India Company’s main activity was trading with India. East India Company made twelve voyages (â€Å"South Asian History – Colonial India†) to India in the year of 1601 – 1613. By that time, other traders from Europe, Dutch, French, Portuguese, were also present in India. Until 1614, the Company was struggling to get the right to trade in In dia along with other European countries. In 1614 (â€Å"Indian History†) British envoy secured approval for trading from the Moghul Emperor Jahangir. Unlike traders from other countries, East India Company was able to penetrate (â€Å"Indian History†) deep inside the India. East India Company set up factories (â€Å"Indian History†) in different cities of India including in Bengal. English settlement rose in Bengal. Later East India Company made Calcutta in Bengal its trading center. During the year 1740 and later, hostility between England and France was on pick. British government heavily backed arming of East India Company. The Company fought several battles with France in those years to establish dominance over Hydrabad and Carnatic regions of India. By mid 18th century, the Company had his own army consisting of British and local people. East India Company fought the first battle in 1757 against the Ruler of Bengal (â€Å"Indian History†) and won the battle. This was the beginning of fall of India under

Quicksand, Identity, and Women's Experience Essay

Quicksand, Identity, and Women's Experience - Essay Example The thesis also tries to compare the work with a similar novel by Larsen which is more or less of the same concept. It then concludes by taking into consideration the criticism in both novels. The thesis shows how both novels portray female characters in three dimensions: they are original, capable of independence, and have a common tragic fate. Class, Race, and Gender in â€Å"Quicksand† â€Å"Quicksand† explores the ways women’s identities are represented through the struggle of Helga to find her place in the contemporary society. She struggles against sexual objectification and exploitation. Through Helga’s fight for sexual autonomy, the book illustrates two stereotypes of African American females which prevail throughout the literature. The novel depicts limitations of stereotypes held across Europe and the United States. The stereotypes’ pervasiveness is conveyed via constant change of settings. For instance, it criticizes reactionary stereotyp es that treated sex with reticence and caution to counterbalance literary and social myths about sexuality of the black women. Helga flees and faces assimilationism and school internalized racism. In Harlem, the novel exposes how the white culture exploits the culture of African American. Helga flees again as she fears sexual objectification. ... The stereotypes were shaped and established by African females in the US (French and Allyson 453). Women who were enslaved were denied their humanity and stripped off their race due to lack of autonomy. The rape legacy contributed to the ruthless exploitation female slaves, which totally deprived African American women of their sexuality. â€Å"Quicksand† connects the dehumanization and exploitation of black women’s sexuality with objectification and exploitation of African American women in the culture of Harlem renaissance. In the primitivism of e Harlem Renaissance, one can see that the USA denied African Americans their identity via enslavement. Celebration of African roots is emphasized as a way differ The Afro-Americans displayed as uncorrupted have become a metaphor. The novel illustrates the prevalence of stereotypes via Helga’s internalizing them. She rates her intelligence to be different from African American race. For instance, Helga while in Harlem v iewed the patrons of African American descent as jungle creatures. Helga felt that being white separated her from the situation of distorted childishness (Nella 59). This novel contests this setting’s unreality and illustrates the cabaret situation in the context of a broader society. Trying to adjust to the life in Harlem, Helga learns that she is an outsider and she is keen of the whites’ dominance which has an intention of intruding cabaret scene. This situation plays out the fear in Helga by personification of the taxi cabs like cabaret dancers, displaying their movements (58). Helga fears that primitive cabaret is in low esteem in the society of the white. Otherwise, they will not pay attention to the African American, which will lead to

Using technology in class Essay Example | Topics and Well Written Essays - 500 words

Using technology in class - Essay Example Akhtar says that multitasking interferes with the accuracy and quality of work being done by students. For that matter, college students using laptops, tablets, phones and social media in class perform poorly (Akhtar, 33). Technology does not enhance the learning experience of students; instead, it interferes with the accuracy and quality of work that students do during classroom setting (Akhtar, 33). For that matter, technology makes students become less attentive and focused in class. There should be no certain cases in which only some certain technological devices should be allowed by professors. For example, there should no cases when a cell phone should be allowed in class by professors. A cell phone has several negative effects on the performance of a student. The major effect of using a cell phone in a class is distraction (Kiuhara, 101). When the phone rings while students are in a class, attention is distracted. Thus, students may miss the point that a teacher is passing across. Also, when students go with phones to classes, their attention is distracted when they start scrolling through the phone, listening to music while a class is on, looking at pictures and videos in the phone. All these things that students do with their cell phones in a classroom setting negatively affects their performance since they are pushed into multitasking. Students who are poor at multitasking, but use phones frequently, lose a lot since they do not understand anything their professors teach. Also, using cell phones in class distracts other students who may be curious to know what the phone has, how it looks like and the specifications of the phone. For that matter, there should be no cases when some technological devices should be allowed in class, in fact, the devices should be banned in class. As much as people argue that the success of college students is correlated with the usage and dependence on

Jean Watson's Theory of Caring Essay Example | Topics and Well Written Essays - 2000 words

Jean Watson's Theory of Caring - Essay Example The ultimate aim of this context is to examine Jean Watson’s theory of caring and its implications for both patients and nurses. This paper begins by outlining the overview of the theory before looking at how she brought out the idea of caring moment and how it can apply to daily lives of people (Potter & Perry, 1999). Watson’s theory of human caring also called theory of transpersonal caring or the caring model was established in 1979. The theory has undergone evolution for several years, but its root principal remains outstanding. The theory stresses on the concept of humanistic issue of nursing in conjunction to scientific knowledge. She modeled the theory in a way that it clearly brings out the implication and focus to nursing as a different health line of work. She believed that caring is a backing and support of the identity of nurses (Delaune, 2002). She added on that the identity of medicine is that of caring, since nurses deal with patients and medicines; the same should portray their identity. Florence Nightingale who stated that, â€Å"It is the surgeon who saves the life of an individual and it is the nurse who helps the life of this person,† heavily supported Watson’s implication (Reed, 2006). The theory of human caring implies that the role of nurses is to develo p a caring association with patients through treating them as holistic being, which means, body, mind and spirit. The nurses are also supposed to express categorical acceptance and care for patients with a positive concern. They are also supposed to foster health through wisdom and involvement. Watson defined caring moment as the uninterrupted time that a nurse spends with a patient where they can share a story, advice, a joke, laugh together and at least make the patient feel healed. It is the session where the nurse and the patient make contact through nurse entering the patient’s room and making him

What is Justice Essay Example | Topics and Well Written Essays - 750 words - 1

What is Justice - Essay Example In that context, it will be really interesting to delve on the concept of justice in a lay and historical context. The laity tends to predominantly associate the term justice with fairness. In a general context, by justice, people tend to mean and expect to be treated fairly as a citizen and as a human in all spheres of public life. By justice, people expect not to be discriminated against owing to any personal or social attributes like race, ethnicity, gender, age and other political or social affiliations. In a biblical context, some principles tend to be rooted in the very essence of the concept of justice. As per Bible, justice is rooted in the very nature of God and, hence, humans should desist from dispensing justice as an omnipotent and all knowing entity (Greenberg, 1995). Hence, Bible facilitates a very liberal approach towards human justice, that extends due leverage to all the sides engaged in a dispute. Bibles envisages justice in the light of relationships and tends to settle the respective jurisdictions for the church, the state, the family and varied other constituents of the society (Greenberg, 1995). The Hebrews considered the God to be just and the one who expected his adherents to be just. The biblical idea of justice is rooted in the Covenant, which expects the believers to retain justice in interpersonal relationships otherwise they stood the chance of being judged. Plato gives much importance to the concept of justice in his works. Plato’s concept of justice is amply akin to the notions of ethics or morality that includes within its ambit all the duties of a man both as a citizen and as a family member (Parry, 1996). As per Plato, justice happened to be the virtuous aspect of the soul, before which men were expected to set aside the irrational desire to taste all pleasures (Parry, 1996). Hence, to a great extent, the Platonic concept of justice laid down the condition for exercising