...are commonly awarded in product liability or civil suit cases were the defendant is ordered to pay to the plaintiffs a sum of money for their acts of reckless and or willful conduct. The ideas of punitive damages was imposed as a deterrent from reckless,willful conduct. However, the amount of punitive damages awarded have been the topic of my debates leaving some to criticize, that plaintiffs are overly compensated specifically voicing opinions or concerns that a limit should be imposed on punitive damages. Circumstances justifying the recognition of punitive damages based upon the defendant acting intentionally, maliciously, or without regard to the rights of the plaintiff and interests of the claimant. Punitive damages first established in England in 1763. Civil law in the United States recognized punitive damages in 1850. (5) "According to the U.S. Supreme Court, three factors guide a decision to award enhanced damages (punitive damages)": The action of the defendant was willful or deliberate, "whether the infringer had a good faith belief that the patent was invalid", and litigants conduct during the litigation. (4) A jury verdict to impose an amount of punitive damages may be over-turned by the trial judge, if the award is considered to be excessive or inadequate. (6) "A fundamental goal of a punitive damage award is to punish but not bankrupt the wrongdoer." (9) Five States do not recognize or award punitive damages in any civil action and some States have passed legislation...
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...justice issues, produced and distributed a leaflet entitled ‘What’s Wrong With McDonald’s? – Everything They Don’t Want You To Know’ outside a McDonald’s store in the United Kingdom. It criticized almost all aspects of the corporation’s business accusing that McDonald’s: is complicit in Third World starvation; buys from greedy rulers and elites and practices economic imperialism; wastes vast quantities of grain and water; destroys rainforests with poisons and colonial invasions; sells unhealthy, addictive junk food; alters its food with artificial chemistry; exploits children with its advertising; is responsible for torture and murder of animals; poisons customers with contaminated meat; and exploits its workers and bans unions. At first, McDonald’s ignored the London Greenpeace campaign but when it grew and was taken up seriously by more and more groups around the world in 1989, they decided to take extreme measures against the group. McDonald’s hired seven private investigators to spy on the London Greenpeace to find out who was responsible for the production and distribution of the leaflet. And to be able to file a libel case they will need names of individuals. So the spies penetrated to the group to get names and addresses, took letters sent to the group, got fully involved to the group’s activities, stole documents and took photographs. In 1990, McDonald’s filed libel cases on five members of the group. The company wanted those five to retract what they...
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...Philippine Copyright 2015 By the Researchers and the College of Business Administration Polytechnic University of the Philippines All rights reserved. Portions of this manuscript may be reproduced with proper referencing and due acknowledgement of the author. THE IMPACT OF MCDONALD’S CORPORATE SOCIAL RESPONSIBILITY TO “BAHAY BULILIT” BENEFECIARIESIN MAKATI FOR THE YEAR 2014-2015 A Thesis Presented to the Faculty of the College of Business Administration Polytechnic University of the Philippines Sta. Mesa, Manila In Partial Fulfilment of the Requirements for the Course MARK 4113 Thesis Writing (Research II) by Aquino, Ronnie R. Arellano, Leziel A. Awid, Sharmaine Princess M. Chavez, Casmer Culala, Maria Margarita A. Madali, Alyana M. Panaguiton, Felisa L. March 2015 CERTIFICATION This thesis entitled THE IMPACT OF MCDONALD’S CORPORATE SOCIAL RESPONSIBILITY TO “BAHAY BULILIT” IN MAKATI FOR THE YEAR 2014-2015 prepared and submitted byA RONNIE R. AQUINO, LEZIEL A. ARELLANO, SHARMAINE PRINCESS M. AWID, CASMER CHAVEZ, MARIA MARGARITA CULALA, ALYANA M. MADALI, AND FELISA L. PANAGUITON in partial fulfilment of the requirements for the course MARK4113 has been examined and recommended for Oral Examination. Evaluation Committee ESTELITA E. MEDINA Adviser CRESILDA M. BRAGAS, MBA ELENA M. MAÑO, MPA Member Member MELINDA M. DE GUZMAN, DBA Member ...
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...Assignment 2: Case Study Wardell Johnson AMBA 610 Professor M. Frank Introduction It takes constant work to ensure that any given system maintains order. The universe has a natural tendency to lead to entropy “a process of degradation or running down or a trend to disorder” (Merrim-webster.com). What guides Humanity to function in a society in concert with their fellow man? It’s the ability to set up laws to govern the actions of the members of said society. According to researchers Kubasek, Brennan, & Browne (2011) great minds have always debated the purpose of laws. For instance, Plato expressed that law is a form of social control, and Aristotle posited that law is a rule conduct, an ideal of reason (Kubasek et al., 2011). No matter what ones philosophical views are in regards to legal systems whether good or bad, laws help societies maintain a sense of order, setting and maintaining a sense of normalcy, in efforts to prevent societal entropy. In America the foundation of our legal system is based on the U.S. Constitution created the nation’s founding fathers to ensure every citizen equal access to justice. Liebeck v. McDonalds and Pearson v. Chung are two highly publicize cases of Tort law. “The primary goal of tort law is to compensate the innocent persons who are injured or whose property as result of another conduct (Kubasel et al 2011, p.309). Both of these cases involve people who wanted to turn to the American legal system to obtain justice for civil wrong they...
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...seamless experience for the customers and are presented with a similar tone and style that reinforces the brands core message. Its goal is to make all aspects of marketing communication such as advertising, sales promotion, public relations, direct marketing, personal selling, online communication and social media work together as unified force, rather than permitting each to work in isolation, which maximize their cost effectiveness (Clow and Baack, 2006). Marketers believe that quality products may not sustain its sales unless appropriate marketing communication is employed. Thus, IMC has been conceptualized to explore all the means in order to reach every member of the target market. For IMC to work well, it requires a lot of planning and right timing for its implementation. Food establishment like McDonalds utilize IMC to attain a variety of objectives. McDonald offer a pleasant alternative to eating where in one can choose any variety of foods and offers a well prepared hot meal which is ready to eat. It give advantages to those people who do not have the ability, time or will to cook at home. As of now, McDonald continues applying the Integrated Marketing Communication (IMC) in developing new products or promotions and consequently tells the customers about it. IMC is becoming more significant in marketing practice because of reduced cost effectiveness of mass...
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...In 1986 members of the environmental activist group, London Greenpeace (unrelated to Greenpeace International), published a leaflet entitled “What’s wrong with McDonald’s: Everything they don’t want you to know”. The publication made critical allegations of global fast-food chain McDonald’s. Distributed to the public by hand and online, the leaflet was received by a global audience.The publication made the following allegations, stating that McDonald’s: • was complicit in Third World starvation; • bought from greedy rulers and elites and practices economic imperialism; • wasted vast quantities of grain and water; • destroyed rainforests with poisons and colonial invasions; • sold unhealthy, addictive fast food; • altered its food with artificial chemistry; • exploited children with its advertising; • was responsible for torture and murder of animals; • poisoned customers with contaminated meat; • exploited its workers and banned unions; • hid its malfeasance (Wolfson, 1999, p. 21). McDonald’s deemed the publication defamatory of their reputation. Defamation is the publication of an untrue statement which reflects a person’s reputation and tends to lower him in the opinion of right-thinking members of society generally (Finch, 2007, p. 168). Initially, the multinational corporation threatened various broadcasters and five active members of London Greenpeace withlegal action if they did not withdraw the allegations. Under s.2 of The Defamation Act 1996 the publisher...
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...Week 7: Case Studies Research Michael Abernathy 11/24/15 AMBA 610 The Facts The circumstances in the case of Stella Lieback v McDonald’s Restaurant consist of a hot coffee burn incident. Stella Lieback a 79- year old woman from Albuquerque, New Mexico visited a drive-through McDonalds. The incident took place on February 27, 1992 as a passenger in her grandsons ’89 ford probe, a vehicle with no cup holders. The case of Roy L. Pearson V Chung better known as the “pants lawsuit” which was a civil case filed in ‘2005. Pearson sued a D.C. dry cleaning establishment by the name of Custom Cleaners, for over $67 million for the loss of a pair of pants. The facts in the case state that the plaintiff left a pair of gray pants that probably could be extricated by a trio of belt loops on both sides of the front waist band. It appears there was a delay in providing the clothing due to plaintiff stating that the pants returned to him weren’t those submitted for service. As a result of the dispute the recourse taken by Custom Cleaners was to provide records and tags with proper documentation belonging to Pearson to resolve the issue at hand. Monetary play of $1,000.00 was the move Pearson made to Mr. Chung in order to rectify the dispute with the cleaners. This led to a refusal by the cleaner owner and Pearson filing a suit in the District of Columbia’s Superior Court. The Issues Presented The issues identified in case are third -degree medical burns from the coffee...
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...Private Police and Civil Liability Dan Seemann SEC/350 August 4, 2014 Darrin Waters Civil Liability and Private Police Private police and security continue to grow at a rapid pace because of reduced Constitutional restrictions, but employers must also understand the increased civil liabilities associated with employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different...
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...The Fast Food Industry The last 50 years or so have been turbulent ones for America. Millions of “Rosies” may have quit riveting but they did not quit working, and the Civil Rights Movement resulted in fundamental changes in American society that have leveled the playing field for most workers today. A costly police action was fought in Korea that is still smoldering today, and the last vestiges of the Vietnam War were finally played out in the most recent presidential election. During the last 50 years or so, America succeeded in landing a man on the moon and safely returning him to the Earth, and winning a costly Cold War. During this turbulent period in U.S. history, life has become faster-paced and more women have joined the workforce, all of which have been to the detriment of “traditional” American family meals, but all of which has been to the enormous advantage to the fast food industry. People around the world today may criticize America’s politics, but the fact remains virtually everyone loves American fast food and the industry has become firmly established around the world. This paper provides an overview of the fast food industry from the 1950s to the present, an analysis of what social effects were caused by and reflected in the industry, what marketing and advertising changes have taken place in the industry during this time, followed by a discussion of current and future trends. A summary of the research is provided in the conclusion. Review and Discussion ...
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...to break the law. Thus, if moral codes are internalized and individuals are tied into, (their) community, they will voluntarily limit their propensity to commit deviant acts. [ (Nuy, 1958) ] Law is needed for when comfort, morals and disapproval fail to prevent undesirable acts against people in a society. In our country’s system, we have two main types of classifications for justice, civil law and criminal law. Criminal law, under public law, covers laws and regulations that aim to protect all members of the society. Its emphasis is on punishment. Criminal offenders are prosecuted by government officials, who must provide “the burden of proof” to prove the guilt of the defendant beyond a reasonable, doubt, usually a district attorney or attorney general, and can be punished with fines, imprisonment or even death. Civil law, under private law, covers the rights and duties of individuals among themselves. [ (Roberts, 1998) ] Civil law deals with disputes between individuals or organizations where compensation for the injury or wrongdoing may be awarded to the victim. The purpose of civil law is to...
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...Clash of Civilizations In 1993 Samuel Huntington wrote an article titled “Is there a clash of civilizations”. The thesis was very much born in the context of the end of the cold war. The idea of “clash of civilizations” suggests that twenty-first century global order will be characterized by growing tension and conflict between rival cultures or civilizations, as opposed to the political, ideological or economic conflict of old. Huntington furthermore argued that the world was split into 9 different civilizational orders, and the West would clash with all of them, but in particular it would clash with the Islamic world, Japan and Russia. The realists have given little attention to the issue of identity or cultural politics. They focus on the behavior of states. However the liberals have recognized this thesis to some extent. Huntington’s view that the West would clash with the Islamic world was vindicated after the September 11th terrorist attacks, neoconservatives looking for a response distanced themselves from Huntington’s rhetoric. Neoconservative George W Bush was keen to emphasize that not all Muslims were to blame for 9/11, and indeed it was just a tiny minority of extremists holding the Islamic world back. Whereas Huntington had argued that the Islamic world was hostile to western ideas of liberal democracy, George W Bush ignored this insight and fought two wars to try and bring democracy to the Middle East, ignoring Huntington’s claim that there would be a backlash...
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...Strategic Human Resource Management McDonald’s Restaurant Rose C. Masiku, Olutosin Babatunde, Jose Mira Uguina, Alberto Villarrubia Garcia, Paola Aguirre B00031200, B00029719, B00054480, B00065743 and B00065744 Department of Business School of Business & Humanities Institute of Technology, Blanchardstown Dublin 15. Word Count: 3500-4000 Actual Word Count: 3,857 EXECUTIVE SUMMARY The aim of this project is to analyse McDonald’s human resources practices from a strategic Human Resources management perspective. Strategic human resource management is a concept that relates to the way an organisation links its human resource strategies and practices to the organisation’s objectives and strategy. Since it’s a ‘strategic’ approach to human resource, the company’s strategy according to (Johnson, Scholes & Whittington 2011; p3) should be ‘the direction and scope of an organisation over a long- term, which achieves advantage in a changing environment through its configuration of resources and competences’. However there have been many debates varying from academics to critics about what strategic human resource management (SHRM) actually embraces and implies for organisations. Definitions range from 'a human resource system, that is tailored to the demands of the business strategy', (Snow, 1984)to 'the pattern of planned human resource activities intended to enable an organization to achieve...
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...HUMAN RIGHTS LAW IMPACT OF GLOBALISATION ON HUMAN RIGHTS TABLE OF CONTENTS Contents INTRODUCTION ..................................................................................................................... 3 RESEARCH METHODOLOGY............................................................................................... 5 CHAPTER 1 GLOBALISATION ............................................................................................. 7 CHAPTER 2 INTERNATIONAL HUMAN RIGHTS LAW ................................................. 10 CHAPTER 3 IMPACT OF GLOBALISATION ON HUMAN RIGHTS............................... 13 Economic Rights .................................................................................................................. 13 Political Rights ..................................................................................................................... 17 CONCLUSION ........................................................................................................................ 21 BIBLIOGRAPHY .................................................................................................................... 23 Articles ................................................................................................................................. 23 Books .................................................................................................................................... 24 Miscellaneous ..........
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...Unit 1 McDonald’s is the world’s largest fast food chain that is originated in California, USA. Ray Kroc became a franchisee of the McDonald brothers (Dick and Mac) and began opening new restaurants, buying all the rights to the McDonald's concept in 1961 for $2.7 million. McDonald’s Corporation give the franchise to Golden Arches Restaurant Sdn Bhd to operate McDonald’s restaurants in Malaysia and the first outlet was opened in April 1982 at Jalan Bukit Bintang, Kuala Lumpur. McDonalds mission is “To be our customers' favourite place and way to eat” and their vision is to be the world's best quick service restaurant experience. Being the best means providing outstanding quality, service, cleanliness, and value, so that we make every customer in every restaurant smile. The operations in McDonald’s Malaysia are affected with the government regulation on the regulation of fast food operation. As a certified fast food operator, there are many regulations and procedures that McDonalds should follow. For example is the Halal certification that becomes a concern to Muslim consumers. McDonalds protect its integrity and consumer confidence by ensuring all materials and process are as claimed or must followed. The economic condition and growth of the country also is an important indicator to the demand of products that McDonalds offered. As the food priced slightly above normal foods, not many people will have the income range to consume the products. McDonalds faced government...
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...a global scale continues unabated in the twenty-first century. CHAPTER OBJECTIVES After studying this chapter, you should be able to: 1. Define franchise and describe the various forms of franchises. 2. Describe the rights and duties of the parties to a franchise agreement. 3. Identify the contract tort liability of franchisors and franchisees. 4. Define licensing and describe how trademarks and intellectual property are licensed. 5. Describe how international franchising, joint ventures, and strategic alliances are used in global commerce. CHAPTER CONTENTS ISBN 0-558-40229-1 INTRODUCTION TO FRANCHISES AND SPECIAL FORMS OF BUSINESS FRANCHISE FRANCHISE AGREEMENT International Law • International Franchising LIABILITY OF FRANCHISOR AND FRANCHISEE Contemporary Environment • FTC Franchise Notice Case 40.1 • Martin v. McDonald’s Corporation 629 Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues , Seventh Edition, by Henry R. Cheeseman. Published by Prentice Hall. Copyright © 2010 by Pearson Education, Inc. 630 PART VIII BUSINESS ORGANIZATIONS AND ETHICS LICENSING JOINT VENTURE STRATEGIC ALLIANCE Contemporary Environment • Franchisor and Apparent Agency TERMINATION OF A FRANCHISE Case 40.2 • Dunkin’ Donuts of America, Inc. v. Middletown Donut Corporation “It has been uniformly laid down in this Court, as far back as we can remember, that good faith is the basis of all mercantile transactions.” —Judge...
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