...as a solvent. The Carr’s noticed the smell of the chemical and immediately complained of headaches, congestion, and runny noses. At the Trial Court level the Carr’s failed to provide expert testimony as a link between the chemical spill and the physical symptoms the Carr’s had experienced . The Suit: The trial court granted a no-evidence summary judgment in favor of the Appellee, Union Pacific Rail Road. The Appellants, (the Carr’s, et.al), failed to meet two of the four elements of negligence. The Appellants appealed, arguing that expert testimony is not required. The District court disagreed, reasoning that summary judgment was “proper because the Plaintiffs have not presented any expert witness testimony on the issues of proximate cause and damages”. The Appellate Decision: The Trial court decision was affirmed. SUDDEN EMERGENCY The elements of the rule of non-liability known as sudden emergency are set forth in the case of Kilgore Mechanical v. Shafiee, ____S.W.3d____2011 WL 1849095, (Tex.App.-Houston[14th Dist.] 2011, no pet.) as follows: Elements: 1. An emergency situation arose suddenly; 2. The emergency situation arose unexpectantly; 3. The emergency situation was not caused by the emergency act or omission of the defendant; 4. The emergency situation required immediate...
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...You are a Police Officer. The task at hand was to read and interpret three different scenarios. Then write about how I would react to the situation if I was the officer on the scene. I have to determine if I would have probable cause, reasonable suspicion, and whether or not I would pursue the suspect or suspects involved in the scenario. I have thoroughly read and analyzed each scenario, and have come to a decision for each situation. In Scenario one a juvenile is spotted walking near a sports warehouse building that is being watched due to it being burglarized several times over the past six months. The juvenile is wearing a heavy luxury sports coat, and also has a pair of new sneakers on. As the officer on the scene I would determine that there was not sufficient probable cause to stop and pursue the individual. There is reasonable suspicion being presented in this situation, the juvenile is wearing expensive and new sports gear that could have very well come from the sports warehouse. Although I do not believe this is enough to stop the juvenile. The farthest I would go in pursuing the individual would be to tail him looking for any suspicious activity to further pursue him. In the event his actions provided sufficient probable cause I would calmly stop the juvenile and question him on what he was doing in the area. I would make a decision to arrest him or not based on his answers and my own personal observation. Scenario two presents a situation in which a...
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...couldn’t afford to pay for a hotel, especially when she was told that Braelyn could be in the hospital for weeks. At that point someone told her about the Ronald McDonald House. The Ronald McDonald House is a safe place to stay within walking distance from the hospital; it is like a hotel with a dorm set-up that has rates based on your income. The Ronald McDonald House if mostly funded by donations. One way to donate is through cause marketing by buying a Happy Meal. Cause marketing (also referred to as cause-related marketing) is a type of marketing that involves the cooperative efforts of a “for profit” business and a nonprofit organization for mutual benefit. According to adage.com, the field of cause marketing began in 1983, when American Express raised money for the restoration of the Statue of Liberty. Adage.com states that “During a 3 month period, American Express offered to contribute one cent for each card transaction and $1 for each new card issued and backed the offer with a substantial media campaign.” An article on about.com entitled Cause Related Marketing: What you Need to Know goes on to say that “the results are now legendary. The Restoration Fund raised over $1.7 million and American Express card use rose over 27%. New card applications increased 45% over the previous year”...
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...Abstract Autism is defined as; “a variable developmental disorder that appears by age three and is characterized by impairment of the ability to form normal social relationships, by impairment of the ability to communicate with others, and by stereotyped behavior patterns”. (Webster) “According to the Centers for Disease Control, autism affects as many as 1 in every 110 children in the United States”. Overall, we are looking at an estimated 1.5 million Americans who are affected with this disorder. By implementing a computer device that will assist in the learning capability of individuals with autism or individuals in general will be a success learning of one’s self. Organization and Product US Autism and Asperger Association (USAAA) is a non-profit organization that was developed in 1994. USAAA focuses on individuals with autism and asperger to provide the opportunity to educate, support, and solutions. “Our goal is to provide the opportunity for individuals with autism spectrum disorders to achieve their fullest potential (USAAA, 2011)”. USAAA is dedicated to: ← Providing immediate solutions through expert guidance and compassionate support. ← Consolidating the overwhelming amount of information and resources to simplify the lives of all associated with autism. ← Individualizing education on treatments and services for the diverse population of those affected. ← Providing networking opportunities for parents, professionals...
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...the case of Mr. Margrieter V. New Hotel Monteleone, Inc are Duty, breach, cause in effect, proximal cause and harm (damage suffered as a proximal result of the defendant’s breach of duty). Duty refers to an obligation one has to another party. If duty “constrains and channels behavior in a socially responsible way” (Owen, 2007), then the Hotel Menteloene has a duty to take reasonable measures to protect its guests from harm. Breach, an improper act or omission, can also be viewed as an element that exists in this case. The hotel did not provide adequate security, as it did not replace the security personnel that had called in sick. It is particularly a breach if the hotel has determined that security is necessary to protect the property and its guests. It provided one employee to monitor the rear door, but the employee is not reported to have experience in security. Evidence of lack of security at exits and entrances, As well as lack of camera security monitoring and alarms are all actions that created a situation in which Mr. Margrieter could be abducted without notice, as could any other guest. Cause in Fact refers to the direct cause of one party’s action leading to the harm of another. If the lack of adequate security has led to Mr. Margrieter’s injuries, then cause in fact can be shown. Two men unlocked his hotel room door with a key. If this is the case, then cause in fact does exist. It would be difficult for the hotel to explain how two...
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...Testing students for drugs In this section of the reading it states that drug testing in schools is valid and not violating the fourth amendment. I would say that I do agree with them because they are trying to keep drugs out of school. In my opinion this does not violate the fourth amendment because the children are choosing to be in sports even though they know there will be drug testing. I would say this is more of a search than a seizer. The school does have their rights to ask for a drug test for students who want to participate in sports. School have a rule that if you are participating in sports than you cannot be on drugs. They would not be drug tested against their will which means that it is not an illegal search. I have never heard of a middle school drug testing athletes and I feel that should not be done. Middle school children are too young to be thought of as children on drugs. If they are being drug tested then they are being introduced to the thought that drugs are out there and can be done. I think it is very inappropriate to drug test a middle school student. There should be an age limit on drug testing students. Squeezing luggage on a bus I am going to have to disagree with this section of the reading. In this section of the reading an officer squeezed a passengers bag when he passed by. He felt a brick like substance and asked to check the bag. The man said yes it was okay to check the bag. At that time the officer found drugs in his bag. In court...
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...Week 2 BUS670: Legal Environment In a society full of human’s supply and demand for most commodities can be very demanding and overwhelming to the produces. With the demand being so high, companies are forced to produce products at a higher rate of speed. Typically, when products are made at a faster speed, minor things are more likely to go wrong with the product. With this being said, there is a large number of recalls on items produces on a daily basis. It is important for consumers to be aware of what is being recalled. It is also important for the manufacturing company to have a system in place to contact the consumers who purchased a product that has been recalled, as well as a way to correct the problem they may be faced with. Our job was to locate a product that has recently been recalled I chose to research the Keurig MINI Brewing System, it was recalled on December 23, 2014, and the Recall number: 15-05. See below for an example of the product code bar and what the consumers who purchased the product were looking for to see of their product was affected by the recall. This picture below was provided by the compnay. * | | 1. 2 of 3 photos 2. Identification number is located on a white sticker on the bottom of the brewers 3. Below is a brief summary of the product and why it was recalled, also known as the Recall Summary? Keurig® MINI Plus Brewing Systems...
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...Sebi vs Merchant Banker Imperial ... on 10 April, 2003 Securities Appellate Tribunal Sebi vs Merchant Banker Imperial ... on 10 April, 2003 Bench: G Bajpai ORDER G.N. Bajpai, Chairman 1.0 M/s. Imperial Corporate Finance & Services Pvt. Ltd. is registered with SEBI as a Merchant Banker. M/s. Imperial Corporate Finance & Services Pvt. Ltd. (hereinafter referred to as the Merchant Banker) has acted as Lead Manager in the rights issue of M/s. Gammon (I) Ltd. (hereinafter called as the issuer company) for 63,20,572 equity shares of Rs.10/- each at a premium of Rs.20/- per share aggregating to Rs.18,96,17,160/-. The issue was opened for subscription on 15.10.01 and closed on 15.11.01. It was alleged that certain material disclosures were not made in the Letter of Offer of the rights issue concerning a criminal case against Shri Abhijeet Rajan, Chairman and Managing Director of the issuer company. SEBI received a complaint dated October 17, 2001 from Prashant Glass Works Pvt. Ltd. stating that a criminal complaint was filed before the IVth Additional Chief Judicial Magistrate, Varanasi on 15.10.1996 against Shri Abhijeet Rajan for the offence of forgery etc. and that he was on bail since 1998. Further that the matter concerning the criminal case was not disclosed in the Letter of Offer and thereby the Merchant Banker had not exercised due diligence and skill for ensuring true and fair disclosures in the Letter of Offer and was issued negligently without verification of the statements...
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...value might be the striking factor that leads to the success. In other words, purchasers are not only willing to support mentally, but with the meaning social activities, they are also enthusiastically responding with hearts as well as their money. And one of the most effective marketing strategies to attract customers to the social activity is cause marketing or cause-related marketing. Besides, providing funds for projects or researches for social welfare is an excellent expression of responsible citizen of organization, also is a best chance to enhance company’s image through mass media communications. Cause marketing is simply cooperation between for-profit business and non-profit organization for mutual benefit. Adkins (1999) also believes that “Cause Related Marketing as ‘a commercial activities by which a business with a product, service or image to market builds a relationship with a cause or a number of causes for mutual benefit’”. In other words, the relationship will be form when both parties have contributed and had certain benefits mutually. According to Daw (2006), for over the last twenty years, the development of cause marketing has presented itself in diverse ways including the growth of numbers, range and depth. Today companies and non-profit organization can contain this strategy in product sales, promotions and program-driven collaboration. For example, Lee Jeans and Lee National Demin Day, the world’s largest single-day fundraiser for breast cancer research...
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...Unit 4 Principles for Implementing Duty of Care in Health, Social Care or Children’s and Young People’s Settings 1. Understand how duty of care contributes to safe practice 1.1 Explain what it means to have a duty of care in own work role. Ensuring accountability for e.g. exercising authority, managing the risk of all clients and situations, working safely, safeguarding children and young people, monitoring own behaviour and conduct through supervisions and appraisals, maintaining confidentiality, storing personal information appropriately, reporting concerns and allegations, making professional judgements, maintaining professional boundaries, avoiding favouritism, maintaining high standards of conduct outside the professional role. 1.2 Explain how duty of care contributes to the safeguarding or protection of individuals. Duty of care contributes to the safeguarding or protection of individuals by protecting them from sexual, physical or emotional harm, allowing the respect and dignity, creating trust. It ensures safety in the environment, safe use of resources and equipment, prevents intimidation or humiliation. It also protects the workforce by ensuring against risk of allegations of misconduct or abuse, avoiding risk of accusations of malpractice. 2. Know how to address conflicts or dilemmas that may arise between and individual’s rights and the duty of care 2.1 Describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s...
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...has collided and had to be took to the emergency. Based on article 2:102 (2) of European Principle of Tort Law, a bodily integrity enjoys the most extensive protection. If no serious hurt had been seen, we can assume that it exists a little traumatism or maybe a light physical damage and therefore this is a bodily damage. A damage exists, so the victim, Peter, doesn’t have to prove a fault, according to the strict liability principle. We need to identify the fact. By driving too fast, with the flashing lights, with the bell sounding, the fireman put a pressure on Peter who panicked and by trying to make room for the fireman, he collided with a lamp post. Are the fact and the damage in relation ? To identify the factual causes, we utilize the “but for test” (condition sine qua non – article 3:101 of EPTL) : it shows that because of this event, the damage occurs. A contrario, without this event the damage would have not occurred. Would Peter have collided a lamp post if he would have not been under pressure of the fireman speed? According to the facts, there were lights flashing, bell sounding, Peter was followed by a fire...
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...three men, searched their outer garments under the suspicion of criminal intent, and found a pistol on Terry and another on Chilton. Terry’s defense argued the gun found on Terry was inadmissible in court as evidence, stating that his 4th Amendment right to protection from unreasonable search and seizures was violated. The court denied the defendants' motion on the ground that Officer McFadden, on the basis of his experience, "had reasonable cause to believe . . . that the defendants were conducting themselves suspiciously, and some interrogation should be made of their action." Purely for his own protection, the court held, the officer had the right to pat down the outer clothing of these men, who he had reasonable cause to believe might be armed. The Supreme Court of Ohio dismissed their appeal on the ground that no “substantial constitutional question” was involved (Kemp, David. (2012). Terry v. Ohio 392 U.S. 1 (1968). U.S. Supreme Court Justice William Douglas strongly disagreed with permitting a stop and search without probable cause, stating “I agree that petitioner was "seized" within the meaning of the Fourth Amendment. I also agree that frisking petitioner and his companions for guns was a "search." But it is a mystery how that "search" and that...
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...flcfReflection Paper #1 Inez Burrell March 19, 2013 The Experiential Learning Activity served as a significant tool to put the process of conflict mapping into perspective. Conflict mapping is a type of model that simplifies a complex social conflict such as the ones taking place in Voinjama, Liberia. It emphasizes the most important elements and systematically asks questions about issues, parties, strategies, and key components. When developing a conflict map, it is also important to focus on the parties’ grievances, trigger events, and root causes of the conflict. Although conflict mapping is used to facilitate the analysis of the conflict, it can actually make the process harder since there are so many possible answers. Each person analyzing the conflict may have different viewpoints for the components that make up that specific conflict as a whole. There are no right or wrong answers because each idea could be vital in solving the specific problems in that conflict. The reality of this became applicable during the Experiential Learning Activity because each group felt differently about the specific issues going on in Liberia. During the Experiential Learning Activity, the class was split into teams in order to analyze the conflict through the use of conflict mapping. As a group, it was decided that the parties involved in the conflict were the Mandingo and Loma. However, looking at the conflict in a broader sense it was decided...
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...The original complaint charges American International Group, Inc. (AIG) and certain of its officers and directors with violations of the Securities Exchange Act of 1934. The complaint alleges that during the Class Period, defendants disseminated false and misleading financial statements to the investing public. The true facts, which were known by each of the defendants but concealed from the investing public during the Class Period, were as follows: (a) that the Company was paying illegal and concealed "contingent commissions" pursuant to illegal "contingent commission agreements;" (b) that by concealing these "contingent commissions" and such "contingent commission agreements" the defendants violated applicable principles of fiduciary law, subjecting the Company to enormous fines and penalties totaling potentially tens, if not hundreds, of millions of dollars; (c) that defendants had concealed the fact that AIG had engaged in illegal transactions using PNC-style structures with at least five additional insurers (in addition to PNC), contrary to defendants' claims on January 30, 2002; and (d) that as a result, the Company's prior reported revenue and income was grossly overstated. The complaint further alleges that on October 14, 2004, Elliot Spitzer announced he had charged several of the nation's largest insurance companies and the largest broker with bid rigging and pay-offs he claimed violated fraud and competition laws. On this news, AIG shares fell $6.80 to $60.19 on unusually...
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...[Caption] Now comes Defendant, Wells Fargo Bank, N.A. ("Wells Fargo"), and moves this Court for judgment on the pleadings, pursuant to Civil Rule 12(C). In light of this Court's January 22, 2009 Decision and Entry Granting Defendant Wells Fargo N.A.'s Partial Motion to Dismiss, the only remaining claim asserted against Wells Fargo by Plaintiff, Apex Restoration, LLC ("Apex"), is its second claim, alleging unjust enrichment. However, construing all material allegations in the Complaint as true, Wells Fargo is entitled to judgment against Apex as a matter of law because Apex did not confer the benefit by which Apex claims Wells Fargo was unjustly enriched. The grounds for this motion are more fully set forth in the attached Memorandum. [Respectfully submitted,] MEMORANDUM I. STATEMENT OF THE CASE On May 30, 2008, Apex filed its Complaint in this case. The Complaint alleges three claims for relief--conversion, unjust enrichment, and breach of contract. Of these claims for relief, only the first and second--conversion and unjust enrichment--are pled against Wells Fargo. On January 22, 2009, this Court entered its Decision and Entry Granting Defendant Wells Fargo N.A.'s Partial Motion to Dismiss, thereby disposing of Apex's conversion claim for relief against Wells Fargo. Therefore, the only remaining claim for relief against Wells Fargo is for unjust enrichment. II. STATEMENT OF FACTS The following facts are taken exclusively from Apex's Complaint. They are presented...
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