...Escola v. Coca Cola Bottling Co. of Fresno Supreme Court of California 24 Cal. 2d 453, 150 P.2d 436 (1944) July 5 1944, decided Procedural history: • Escola (plaintiff) sued Coca Cola Bottling Co. (Defendant) to recover damages for personal injuries. • Judgment for plaintiff at trial • Defendant appealed Facts: • Escola was a waitress in the restaurant. • While she was moving the bottles of Coke from the cases which had been delivered to her restaurant at least 36 hours before to the refrigerator, one of them exploded in her hand, causing her to be severely injured. •The plaintiff alleged that the defendant had been negligent in selling "bottles containing said beverage which on account of excessive pressure of gas or by reason of some defect in the bottle was dangerous ... and likely to explode." Issue: Is the manufacturer liable for the injuries under the inference of negligence? Holding: Yes. Judgment for Plaintiff following the doctrine of res ipsa loquitor Rule of law: Res ipsa loquitur does not apply unless (1) A defendant has had exclusive control of the thing causing the injury (2) The accident is of such a nature that it ordinarily would not occur in the absence of negligence by the defendant. Reasoning: • It doesn't matter that we can't tell precisely whether the explosion was caused by an excessive charge or a defect in the glass. The fact is neither of causes could exist so the bottle wouldn’t explode if the due care had been used. • Even though...
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...responsible at law or in ordinary life are very different concepts: one is based on blame while the other focuses on fault. This imbalance is embedded in the tension between the two bases of liability recognised in the law of torts. On the one hand, as stressed in Hoffman v Jones, ‘the most equitable result that can ever be reached by a court is the equation of liability with fault’. Courts have energetically defended the view that fault is crucial in establishing responsibility. On the other hand, the same jurisdictions have operated a shift since Rylands v Fletcher from this doctrinal claim to adopt a strict liability standard in particular circumstances. Despite its appearance in statutes, many claim that a satisfactory justification for strict liability in tort law has yet to be found. This essay will nevertheless argue that this stand is unsupported and untrue: it is nonsensical to call for one unique explanation for this area of the law. The law on strict liability responds to a social demand which should not be reduced to one ‘metatheory’. The first two parts of this essay will be dedicated to the analysis the ‘social and economic benefits’ of strict liability mentioned in Chavez v Southern Pacific Transportation Co. We shall then argue that these justifications are best understood when interrelated with a broader moral justification. I] Social justifications: distributive justice and social harmony The main aim of the law of torts is to compensate victims for the damage they...
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...It was later labeled Pepsi Cola, named after the digestive enzyme pepsin and kola nuts used in the recipe. Bradham sought to create a fountain drink that was delicious and would aid in digestion and boost energy. In 1903, Bradham moved the bottling of Pepsi-Cola from his drugstore to a rented warehouse. That year, Bradham sold 7,968 gallons of syrup. The next year, Pepsi was sold in six-ounce bottles, and sales increased to 19,848 gallons. In 1909, automobile race pioneer Barney Oldfield was the first celebrity to endorse Pepsi-Cola, describing it as "A bully drink...refreshing, invigorating, a fine bracer before a race." The advertising theme "Delicious and Healthful" was then used over the next two decades. In 1926, Pepsi received its first logo redesign since the original design of 1905. In 1929, the logo was changed again. In 1931, at the depth of the Great Depression, the Pepsi-Cola Company entered bankruptcy – in large part due to financial losses incurred by speculating on wildly fluctuating sugar prices as a result of World War I. Assets were sold and Roy C. Megargel bought the Pepsi trademark. Megargel was unsuccessful, and soon Pepsi's assets were purchased by Charles Guth, the President of Loft Inc. Loft was a candy manufacturer with retail stores that contained soda fountains. He sought to replace Coca-Cola at his stores' fountains after Coke refused to give him a discount on syrup. Guth then had Loft's chemists reformulate the Pepsi-Cola syrup formula. On three...
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...Forthcoming: 72 Fordham L. Rev. 1857 (2004) RAWLSIAN FAIRNESS AND REGIME CHOICE IN THE LAW OF ACCIDENTS Gregory C. Keating* The political philosophy of John Rawls is pregnant with implications for the tort theory. Our law of intentional and accidental physical injury is rich with the rhetoric of reasonableness and fairness, and these ideals lie at the heart of Rawls’s political philosophy. The figure of the reasonable person is central both to the law of negligence—where it serves as the master criterion of justified risk imposition—and to the law of intentional torts—where it helps to define the contours of permissible self-defense, the sensibility by which the offensiveness of contact in battery is measured, and the content of the consent given in connection with matters as diverse as The concept of contact sports and medical operations.1 reasonableness figures prominently in strict liability as well. The intentional infliction of unreasonable harm triggers liability for damages in the law of nuisance, and strict liability in general can be fruitfully understood as a form of liability applicable when the conduct which leads to accidental injury is reasonable, but the failure to make reparation for the harm done is unreasonable.2 Principles of fairness figure more prominently in the judicial rhetoric of strict products liability than economic ideas of efficient precaution and efficient insurance do.3 * William T. Dalessi Professor of Law, USC Law School. For instruction...
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...Gestão de Empresas 1º Ano Introdução à Gestão 1º CADERNO TEÓRICO 2002/2003 EQUIPA DOCENTE: Vítor Hugo Ferreira 0 Índice 1 – A GESTÃO 1.1 1.2 1.3 CONCEITO DE GESTÃO PORQUÊ ESTUDAR A GESTÃO FUNÇÕES DO GESTORES 2 – A EVOLUÇÃO DO PENSAMENTO EM GESTÃO 2.1 ABORDAGEM CLÁSSICA 2.1.1 TAYLOR 2.1.2 FAYOL 2.1.3 MAX WEBER 2.1.4 HENRY FORD 2.2 ABORDAGEM COMPORTAMEN TAL 2.2.1 ABORDAGEM DAS RELAÇÕES HUMANAS 2.2.1.1 EXPERIÊNCIA DE HAWTHORNE 2.2.1.2 CONFRONTO ENTRE A ABORDAGEM CLÁSSICA E A 2.2.2 ABORDAGEM CIENTÍFICA DO COMPORTAMENTO 2.3 ABORDAGEM CIENTÍFICA/QUANTITATIVA 2.4 INTEGRAÇÃO DAS DIFERENTES ABORDAGENS 2.4.1 ABORDAGEM SISTÉMICA 2.4.2 ABORDAGEM CONTIGENCIAL 2.5 ANEXO - 100 ANOS DE GESTÃO 3 3.1 3.2 – AS ORGANIZAÇÕES CONCEITO O AMBIENTE DAS ORGANIZAÇÕES 3.2.1 O AMBIENTE 3.2.1.1. AMBIENTE INTERNO 3.2.1.1.1 NÍVEIS DE GESTÃO 3.2.1.1.2 APTIDÕES DOS GESTORES 3.2.1.1.3 PAPEIS DOS GESTORES 3.2.1.2 AMBIENTE EXTERNO 3.2.1.2.1 TRANSACCIONAL 3.2.1.2.2 CONTEXTUAL 3.3 OBJECTIVOS DA S ORGANIZAÇÕES 3.3.1 IMPORTÂNCIA DOS OBJECTIVOS 3.3.2 CARACTERÍSTICAS DOS OBJECTIVOS 3.3.3 CLASSIFICAÇÃO DOS OBJECTIVOS TEORIA DAS RELAÇÕES HUMANAS 4 – FUNÇÕES DA GESTÃO: PLANEAR , ORGANIZAR , CONTROLAR E LIDERAR 4.1 PLANEAR 4.1.1 PLANEAMENTO 4.1.1.1 ELEMENTOS DO PLANEAMENTO 4.1.1.2 QUEM DEVE PLANEAR? 4.1.1.3 POQUÊ PLANEAR? 4.1.1.4 ELEMENTOS DO PLANEAMENTO – DESCRIÇÃO 4.1.2 O PLANEAMENTO ESTRATÉGICO 4.1.2.1 CRESCIMENTO DO PLANEAMENTO ESTRATÉGICO 4.1.2.2 PROCESSO DE PLANEAMENTO ESTRATÉGICO ESTRATÉGIA...
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...“WHAT IS THE RELATIONSHIP BETWEEN DIVERSIFICATION AND PERFORMANCE, PARTICULARLY IN EMERGING ECONOMIES? WHAT ARE THE FACTORS WHICH ARE RELEVANT FOR SETTING THE CONTENTS OF THAT RELATIONSHIP?” By João de Almeida Frazão Caro de Sousa Master Thesis Submitted to ESADE Business School in fulfilment of the requirements for the Degree of Master of Science in International Management ESADE Business School May 2012 Master of Science in International Management – ESADE Business School i Master of Science in International Management – ESADE Business School Table of Contents Introduction ..................................................................................................................................... 1 Theoretical Background 1. Diversification ......................................................................................................................... 5 1.1 General Observations ........................................................................................................ 6 1.2 Different types of diversification strategies....................................................................... 7 1.3 The costs and benefits of diversification ........................................................................... 8 1.4 Diversification Trends ....................................................................................................... 9 A. The Lack of Significant Relationship ................................
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