...Consumer rights and duties Consumerism, what is? Consumerism is the protection of the rights and interests of the general pool of buyers, or an obsession with buying material goods or items. Consumer Rights * Right to satisfaction of basic needs: The consumer has the right to goods and services to ensure their survival: adequate food, clothing, adequate housing, health care, education and sanitation. * The right to protection of health and physical safety: Life, health and consumer physical security can’t be compromised by the goods and services at our disposal. * Right to choose: Consumers should be able to choose products and services at competitive prices, with a satisfactory quality assurance. * Right to quality of goods and services: Goods and services must comply with quality requirements set by the law for each of them, fulfilling the purpose for which they are intended. * Right to training and education for consumption: The state should promote training activities, primarily integrated into school curricular and programs, creating consumer attitudes critical and selective. * Right to information for consumption: The supplier of goods and service are required to provide true and complete information to the consumer. In the case of goods and essential services, companies that operate on an exclusive basis has the obligation to inform in advance the consumer cuts or interruptions of supply, unless unforeseen cases. * Right to protection of...
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...Business organizations need to have the moral duty that extend well beyond serving the interest of its owners or stockholders, and these duties consist of more than simply obeying the law. That way businesses have to stand up to their own actions. It is the belief that a business has moral responsibilities to stakeholders including employees, customers, vendors, the local community and society as a whole. With this concept understood, it remains that business organizations can conform and be successful while practicing ethical behavior. Which what makes the business stand out from others. With saying that let me explain Dell’s ethical procedures. The characteristics that underpin the soul of Dell include trust, integrity, honesty, judgment, respect, courage and responsibility. As these characteristics imply, Dell places great priority on honoring its commitment of excellence to one another as well as its many stakeholders. Dell prides itself in adhering to stringent standards of ethical behavior in every facet of its elaborate business structure. Known throughout the organization as the Soul of Dell, their shared global culture is built on a foundation of personal and professional integrity (Dell, 2008). As Dell employees, we are committed to acting responsibly, honestly and with integrity in all dealings with our suppliers, customers, partners, shareholders, government regulators and competitors. Dell is committed to working with socially responsible entities that comply...
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...DUTY OF CARE The tort of negligence owes its origins to the tale of a decomposing snail that was found in a ginger-beer bottle – Donoghue v Stevenson (1932). The claimant, Mary Donoghue, went with a friend to a café, where her friend bought her a bottle of ginger beer. Donoghue opened it and poured some of the contents into a glass. When she finished this glass, she then poured the remainder of the bottle into the glass. At this point, the remains of the snail floated to the surface. This caused Donoghue to develop gastroenteritis and nervous shock, and she sought compensation from the ginger-beer manufacturer. The case eventually reached the House of Lords, where Lord Atkin decided the case in her favour with his famous Neighbour Principle. In summary, this stated that ‘you must take reasonable care to avoid acts or omissions which foreseeably could injure your neighbour’, where neighbours are defined as ‘persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions’. In this case, the ginger-beer manufacturer should reasonably have had the claimant in mind when manufacturing and bottling the ginger beer. This test clearly established that in order for a duty of care to be owed, there must be reasonable foresight of harm to persons who it is reasonable to foresee may be harmed by one’s actions or omissions. Such ‘duty’ examples would obviously include...
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...Donoghue v Stevenson (duty of care) The first element in a claimant’s case negligence is whether the defendant owed him a duty to take reasonable care. Duty of care therefore, exists as a control devise in order to determine who can bring an action for negligence and in what circumstances. When a person suffers loss as a result of negligent conduct, they will want to shift that loss on to the person who caused it though negligence action. When a negligence action is brought to court, the judge will usually be able to rely on precedent to determine whether a duty of exists. But what if there is no precedent? What test should the judge use to determine whether a duty of care exists? Negligence liability has existed in one form or another for centuries, but until the 19th century there was no concept of duty as we now know it. Liability existed within defined relationships such as doctor-patient or employer-employees. Where a case fell outside a recognised relationship, there was no test for determining whether liability existed or not until the most famous case in legal history Donoghue v Stevenson in 1932. In Donoghue, the claimant suffered illness as a result of consuming a ginger beer bought by her friend. She could not sue the retailer nor the manufacturer as she had no contract with both of them. On the facts the café owner would have been liable to the friend for breach of contract in selling him a defective product, if the friend had suffered damage. However the House...
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...Duty to warn was first established in 1976 in the state of California which set a precedent ruling that psychotherapists have a duty to warn a victim when they are in a life threating situation. Over the years most states have adopted such laws for social workers, therapists, psychiatrist to act upon in situations to prevent a person from doing harm to another such as bodily injury or homicide to another individual. Duty to warn supersedes a client’s privacy and the helping professional would not be held accountable for any ethical violations. However, duty to warn is sometimes seen as a gray area when it comes to values and social work. “An ethical dilemma often occurs when two or more social work values are in conflict. The clients right to privacy and the social worker’s obligation to warn a third party of the possibility of harm” (Gaskill, E. 1996). I would imagine in some cases there would not be an ethical dilemma. However, there may be a...
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...According to this principle, one must be under obligation for preventing acts or omissions which he or she knows in advance could be likely to cause damage to the neighbours. In law the concept of the “neighbour” implies those people who are directly and intently influenced by the act to such an extent that one must take them into consideration before intending any questionable dealings. This standard, developed by Lord Atkin in the famous case of Donoghue v Stevenson, laid down the foundation for the core idea of the duty of care. At the first sight, the circumstances may seem as an everyday occurrence: two women ordering a bottle of ginger beer in the café to find that it was served with a snail inside. However, it proved that there may be...
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...A++PAPER;http://www.homeworkproviders.com/shop/ba-260-week-6/ BA 260 WEEK 6 BREACH OF DUTY BA 260 WEEK 6 BREACH OF DUTY, In the case of the Mississippi Beef Plant case, duty of loyalty was breached. Mr. Hall duties and obligation were to get the beef plant built and running based on the $22 million budget he estimated. This did not happen and initial estimated price rose to $55 million dollars upon completion. In this situation, the issue of self-interest arose in the form of Mr. Hall paying his family member nearly $45,000 dollars to act as a consultant on the project. Secondly, as a means of providing and supporting his family, and maybe for financial gain, Mr. Hall also gave $269,000 or fraudulent obtained grant money to other family members. To make matters worse, Mr. Hall also had the construction company building the beef plant to pay him a 1% consulting fee totaling $173,130 and allegedly had the same construction company to perform nearly $20,000 in work on his personal home. According to the article, nearly $270,000 in false invoices were submitted to the Mississippi Development Authority and Community Bank for equipment and other items and demanded more than a $87,000 payment for several other miscellaneous items. In the end, the plant only functioned for several months and shortly afterwards, Mr. Hall defaulted on the $35 million loan and the bank and the state were unable to sell the property. In the situation, Mr. Hall had a responsibility as a director...
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...BA 260 WEEK 6 BREACH OF DUTY, A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=week-7-consideration Visit Our website: http://hwsoloutions.com/ Product Description BA 260 WEEK 6 BREACH OF DUTY, In the case of the Mississippi Beef Plant case, duty of loyalty was breached. Mr. Hall duties and obligation were to get the beef plant built and running based on the $22 million budget he estimated. This did not happen and initial estimated price rose to $55 million dollars upon completion. In this situation, the issue of self-interest arose in the form of Mr. Hall paying his family member nearly $45,000 dollars to act as a consultant on the project. Secondly, as a means of providing and supporting his family, and maybe for financial gain, Mr. Hall also gave $269,000 or fraudulent obtained grant money to other family members. To make matters worse, Mr. Hall also had the construction company building the beef plant to pay him a 1% consulting fee totaling $173,130 and allegedly had the same construction company to perform nearly $20,000 in work on his personal home. According to the article, nearly $270,000 in false invoices were submitted to the Mississippi Development Authority and Community Bank for equipment and other items and demanded more than a $87,000 payment for several other miscellaneous items. In the end, the plant only functioned for several months and shortly afterwards, Mr. Hall defaulted on the $35 million loan and the bank and the state were...
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...the tort of negligent misstatement. It is not a fraudulent misrepresentation because the defendant did not make any false statement or aseems to have decent in mind. 2. Rule 2.1 Step 1: Duty of care The very first rule to establish is whether the defendant, Don, owes a duty of care to the plaintiff, Patrick and Mary. Following the case of Donoghue v Stevenson (1932) , it is clear that the duty of care is not dependent on whether a contract exists, which there is none between Patrick and Don or Mary and Don. It is very much dependent on these things: a) A duty of care can be owned when giving advice/supplying information The defendant, Don, ought to know that while dispelling information that has crucial implications, he is being trusted to give the best kind of advice to the other party (L Shaddock and Associates Pty Ltd v Parramatta City Council, 1981) . The principals of this case states that whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the best of his information or advice as a basis for action on the part of the other party and it is reasonable in the circumstances for the other party to act on the information or advice, the speaker comes under a duty to exercise reasonable care in the provision of the information or advice he chooses to give. It is reasonable to...
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...The factors that indicate whether Davis owed Esposito a duty of care are that some actions can be tolerated to some extent and some actions cannot be tolerated at all. That some actions are right and reasonable while others are not or illegal. Duty of care indicates that we are free to do as we want, whenever we want to as long as we don’t infringe on the interests of others or cause harm. In Business Invitees each and all business have to provide safety and due care of its customer and employees at all times by advising of any dangers, properly training employees and clearing any hidden dangers. Each Business also has to protect every person that comes on all their property and provided a safe environment. Tort negligence occurs when someone or group of people are injure because of someone’s failure to due care. Yvonne Esposito was exiting the arts and craft show where Jason Davis works. Jason collided with Yvonne because he was not careful to make sure no one was behind him before he proceeded and knocked Yvonne to the ground. Jason failed to provide due care to Yvonne. A negligence tort was committed because Yvonne suffer a legal recognizable injury and harm was done to her. Because of these acts, she is entitle of compensations from the injuries that resulted from the negligent acts. Another factor that indicates duty of care is causation. Miller and Jentz writes “If a person fails in a duty care and someone suffers an injury, the wrongful activity must have caused the harm...
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...**In the scenario above did the social host have a duty of care to the injured guest? Duty of care is known as a legal obligation that one person owes another under a specific set of circumstances, associated with a particular relationship, and/or by virtue of performing or not performing certain actions vis a vis the other. Duty of care can be identified in the above scenario by using the Anns test. The modified Anns test determines if duty of care is evident by asking three questions: was the harm complained of a reasonably foreseeable consequence of the alleged breach? Is there sufficient proximity between the parties that it would not be unjust or unfair to impose a duty of care on the defendants and that there exists no policy reasons...
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...Call of Duty: Ghosts is a 2013 first-person shooter video game developed by Infinity Ward, with assistance from Raven Software, Neversoft and Certain Affinity. Published by Activision, it is the tenth primary installment in the Call of Duty series and the sixth developed by Infinity Ward. The video game was released for Microsoft Windows, PlayStation 3, Xbox 360, and Wii U on November 5, 2013, with Treyarch handling the port for the Wii U. The game was released with the launch of next-generation consoles PlayStation 4 and Xbox One. According to review score aggregator Metacritic, Ghosts received "generally favorable" reviews from critics, with most praising its multiplayer gameplay and introduction of the new game mode Extinction. It was criticized, however, for its single-player campaign, rehashing of familiar concepts, and general lack of innovation.Setup and characters The game's main protagonists are the Ghosts, a force of U.S. Special Operations personnel trained to conduct clandestine missions behind enemy lines. The unit is led by retired U.S. Army Captain Elias Walker (Stephen Lang). He is joined by his sons Logan and David "Hesh" Walker (Brandon Routh), along with a trained German Shepherd named Riley, Captain Thomas A. Merrick (Jeffrey Pierce), and Sergeant Keegan P. Russ (Brian Bloom).[7] Call of Duty: Ghosts is set in an alternate timeline that follows the nuclear destruction of the Middle East. The oil-producing nations of South America form "the Federation"...
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...1.1 Define a duty of care: is a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the acts are considered negligent and any damages resulting maybe claimed in a law suit as negligence. 1.2 Describe how the duty of care affects your own work role: We have a duty of care to our client’s health and welfare. I have duty of care to make sure my client’s needs are meet on my duty shift: including the health, welfare, emotional and physical needs, dietary needs, personal hygiene, medication and safety. I must only do what I have been trained to do and must engage all other services available to manage any client needs I have not been trained for i.e: a doctor in case of illness, a podiatrist in a case where toe nails need cut etc. 2.1 Describe dilemmas that may arise between the duty of care and an individual’s rights: Any individual can refuse to take prescribed medication or refuse to have test for illness. An individual has the right to refuse treatment. All individuals have this right unless incapacity to consent has been proved that the individual does not have the capacity to choose for themselves, capacity must be assumed in all cases until capacity has been assessed by a professional. It can be hard to support a client with this, it can be extremely difficult to watch a client refuse treatment when...
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...Tort Law Assignment 2010/11 By Louis Rohr Student ID 10716461 1st year BCL Title: My Analyses on the Duty of Care in Irish Tort Law Tort law covers a wide range of wrongs committed by one person against another. Tort law covers those wrongs that arise because of a breach of a duty imposed by law, as opposed to duties imposed by contract. The first steps towards the modern doctrine of negligence was explained in Heven and Pender. Lord Esher discussed why a duty of care might be owed by one party not to injury another. First, that there must be duty of care owed. Secondly, that there is a breach of this duty. Third, that there must be loss or damage suffered. Fourth, that there is causal link established between the breach of duty and the loss or damage suffered. Later more fundamental elements were needed to prove negligence. Indermaur v Dames is a leading common law case outlining the duty of care involving invitees and invitors. An invitee is a person who’s invited by the occupier (owner or tenant) and provides a material advantage, such as shops, bars etc. When an invitee enters an occupiers land he is expected to take reasonable care on his part to prevent damage from unusual danger for which he knows or ought to know. Where there is neglect, the question is whether or not they took reasonable care or was there contributory negligence? From here, the common law developed other rules to ultimately determine liability for buildings and include inter alia, elevators...
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...Duties of Director: The duties of directors of a company have been elaborately explained by Romer L. J in Re City Equitable Fire Insurance Co[1]. The important duties are quoted from this case and summarized below: 1. Distribution of work: The manner in which the work of a company is to be distributed between the board of directors and the staff is a business matter to be decided on business lines. 2. Good faith: Every director must act honestly and in the interest of the company. 3. Reasonable care: A director “must exercise such degree of skill and diligence as would amount to the reasonable care which an ordinary man might be expected to take in the circumstances on his own behalf.” 4. Degree of skill: A director “need not exhibit in performance of his duties a greater degree of skill than what can be reasonably expected from a person of his knowledge and experience; in other words he is not liable for mere errors of judgment.” 5. To attend meetings: A director “ is not bound to give continuous attention to the affairs of his company; his duties are of an intermittent nature to be performed at periodical board meetings and the meetings of any committee to which he appointed, and though not bound to attend all such meetings, he ought to attent them when reasonably able to do so.” 6. The director’s duty of disclosure: The Companies Act of 1956 maakes it obligatory upon directors to disclose certain facts to the company: (1) If a director is interested...
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