...Schneider v. Eady, 2008-Ohio-6747 (Ohio Ct. App. 2008) will affect our case with Donna Driver. In Shaeffer, Whiting v. Grange Mutual Casualty Company, 1981 Ohio App. LEXIS 14351 (Ohio Ct. App. 1981) the Ohio Court of Appeals ruled that liability insurance companies owe no duty to injured third-party claimants. The court stated that the plaintiffs had no relationship with the insurance company that required the company a duty of good faith to settle the claim without litigation. The only contractual duty the insurance company had with the plaintiffs “was to pay medical payment expenses pursuant to the terms of their insurance contract.” Id. Because the insurance company paid the limit of the insured medical liability, they lived up to their contract and had no other contractual duties owed the plaintiffs. The court held that the insurance company only owes a duty of good faith and fair dealing to their insured and only to the terms within their policy contract. Since Grange paid the medical expenses pursuant to the policy, their remaining duty was to their insured, “which was to defend in good faith and to pay any judgment assessed against its insured which was covered under the terms of the policy.” Id. The...
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...resources policies and practices should reduce the human risk factors in information technology (IT) security and information access controls. Decrease the risk of theft, fraud or misuse of information facilities by employees, contractors and third-party users. Scope • the organization’s human resources policies, taken as a whole, should extend to all the persons within and external to the organization that do (or may) use information or information processing facilities. This could include: * tailoring requirements to be suitable for particular roles within the organization for which persons are considered; * ensuring that persons fully understand the security responsibilities and liabilities of their role(s); * ensuring awareness of information security threats and concerns, and the necessary steps to mitigate those threats; and * Providing all persons to support organizational privacy and security policies in the course of their normal work, through appropriate training and awareness programs that reduce human error; and ensuring that persons exit the organization, or change employment responsibilities within the organization, in an orderly manner. Roles and responsibilities • Security roles and responsibilities of employees, contractors and third-party users should be defined and documented in accordance with the organization's information privacy and security policies. This could include: * To act in accordance with the organization's policies, including...
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...INFOSYS LIMITED CODE OF CONDUCT AND ETHICS Originally adopted by the Board of Directors on 10 April 2003; Amended version adopted by the Board of Directors on 15 April 2011; Amended version adopted by the Board of Directors on 7 May 2013; Amended version adopted by the Board of Directors on 9 October 2014 Preamble “This Code of Conduct is intended to establish and clarify the standards for behaviour in the organisation. However, no Code of Conduct can cover all situations you may encounter. Thus, you need to utilise the following principles where specific rules cannot be established: Decisions made, and actions taken, by you must be consistent with company values and company objectives. Infosys is focused on delivering long-term value to its employees, shareholders and society. It is expected that you will do what is right to support the long-term goals of the company. Infosys competes to win, but only within the framework of integrity, transparency and compliance with all applicable laws and regulations. If you are ever in doubt about a decision, it should be escalated to a higher level of management for broader consideration. Should you ever see a deviation from the above principles, it is expected that you will utilise appropriate channels to report the violation.” INTRODUCTION This Code of Conduct and Ethics (“Code”) helps maintain the standards of business conduct of Infosys Limited, together with its subsidiaries (“Infosys” or the...
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...MARKETING OF INSURANCE SERVICES AGENCY APPROACH In recent times the insurance business has been based on agency representation and relationship. The agent represents the principal in the sale of insurance policies and in forcing a contractual relationship between the principal and the client. According to Nwachukwu (1991), the following criteria will be considered in agency creation 1) The creation of agency. The relationship can be formulated either through written or oral communication or by conduct. When required to act under seal, the agent must be given a document to validate his authority. This gives the agent power of attorney to act on behalf of his client. It has also been 2) Capacity: only individual who have been proven capable can act as agents. Exceptional cases are made during his period of sanity. Also a company can take up the role of an agent for another party, even if its not in line with the business operation of the company. The relationship that exists between the principals and agents is solely based on the resultant benefits. Classification of the Power and Authority of the agent 1) Express Authority: in this situation, the authority and rules governing the relationship is clearly spelt out in writing, oral or by deed. The oral form might not cure handy when issues come up. Where the written authority might not be specific and this gives room for manipulation of the principal by the agent. 2) Implied Authority: this authority...
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...Consensual Relationship Agreement: A written agreement or contract in which the romantically involved parties acknowledge and adhere to specific guidelines in the workplace (Hellriegel/Slocum p 65). I have not worked for a company that had such an agreement. Matter of fact, reading this case study on Diversity Competency in the Organizational and Behavior text was the first I’ve heard of it; however, I personally have had a workplace romance. Several of my close married friends met their significant other in the workplace. Articles online specific to CRA’s declared they have only been around for six or seven years (Higher Education WebBlog, Consensual Relationship Agreement 5/23/2011) and 75% of employers do not have a policy on workplace relationships (Employment Law Alert, The Importance of a Workplace Romance Policy, 5/2/2011). Where it can be the epitome of distraction, it seems the healthcare industry is swarming with office romances. Many of these romances are temporary with harsh endings. A great employee might not want to continue working for an employer if an office romance went sour. This alone would be a strong argument for a Consensual Relationship Agreement. The text identifies the following guidelines in a CRA (Hellriegel/Slocum p 65): Their relationship is voluntary and consensual They agree to abide by the employer’s antidiscrimination, antiharassment, and workplace conduct policies. They promise to report any perceived harassment to management...
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...Technology Life Cycle Management (TLCM) Process>Third Party Risk Assessment Purpose | To provide a repeatable process for assessing and monitoring risks associated with third party relationships. | Entry Criteria | Existing vendor utilized to manage costs, provide expertise or improve service offerings. Third Party Risk Policy | Exit Criteria | Third Party Risk Assessment | Deliverables | - Third Party Risk Results - High Risk Vendor Management Report | Tailoring Guidelines | Tailoring is not applicable for this procedure | Role | Tasks | Corporate Functional SME | The Corporate Functional SME reviews the Third Party Risk assessment results for their area of expertise (Business Continuity, Financial, CISS, Brand and Marketing, Privacy and Reputational Risk). | Vendor Relationship Manager | The Vendor Relationship Manager (VRM) evaluates and rates areas of risk associated managing a third party relationship. | Financial Intelligence Dept. (FID) | Monitors Third Party Risk Assessment due dates Receives and reviews Third Party Risk Assessments from VRMs Records the Risk Assessment results to the Vendor Database Reports vendors with high residual risk and those we are unable to rate Reports delinquent third part risk assessments Reports data shared with vendors and breeches of data | Business Unit Senior Management | Reviews and approves high risks ...
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...Consensual Relationship Agreements By: Vickie Gonzalez Bus 520 – Leadership and Organizational Behavior Professor: Dr. Marilyn Carroll October 24th, 2012 Workplace romances are now one of the challenges that organizations of all sizes have to address. How they address them varies from organization to organization. Some businesses and organizations strictly prohibit them in any form or fashion, while others prohibit them when the participants are in certain roles within the organization. Some companies have chosen not to address the issue at all and others are using a more formal method of documenting and mitigating the risk they feel these relationships pose. One of the methods of documenting, and potentially mitigating, this risk is known as a consensual relationship agreement or CRA. In the text that follows I will argue for the use of CRA’s in the workplace. Secondly, I will present a counter argument for the use of CRA’s. Then we will then look at the ethical principles involved in the use of CRA’s. Lastly I will present another option that may be available for addresses these consensual relationships. First, let’s look at what brought about the need for CRA’s. On June 28th, 1914 Gavrilo Princip, of Sarajevo, assassinated the Archduke and heir to the throne of Austria, Franz Ferdinand (Collins, 2008, p. 9). Thirty-seven days later World War I began, and with it, so did what some see as the beginnings of women entering the workplace. The Munitions of War Act...
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...the typical time of week and day the customer shops. Kudler Fine Foods management must declare a set standard of what data is to be logged to protect customers. Questions must be asked about how certain data is associated with customers. For example, transaction times could be disassociated from a direct customer profile but still provide insight as to popular shopping times. Outlining the ethics of the data collected provides a means for designing other areas of the system. Understanding how data will be represented in an ethical matter decides how it is gathered, stored, and later processed into information. The intent of this information will be to catalog purchasing habits for internal use; but, the data will also be shared with third party services in exchange for loyalty programs. The previous example of transaction times are customer...
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...Sikandar SUBMITTED BY: IMRAN ALI MBA-01091075 COURSE: MBA SEMESTER: Final DATE: Oct. 13, 2010. Indemnity “A contract of indemnity is one in which the party sought to be made liable him or herself undertakes a primary liability to make good another’s loss, which loss may or may not result from the act of another (third) person”. “An expressed or implied contract to compensate an individual for loss or damage; for example, an insurance policy”. “A contract by which one party promises to save other from loss caused to him by the conduct of the promisor or by the conduct of any other person is called a contract of indemnity”. Essentials of contract of indemnity An indemnity is a personal security undertaking given by a third party, but under an indemnity the surety’s obligation is independent of debtor/creditor relationship. It is therefore a primary liability, not dependent on the debtor’s default. Indemnity is not given by repayment after payment. Indemnity requires that the party to be indemnified shall never be called upon to pay. In a contract of indemnity not only is there no requirement for a default by a third party as a condition of liability but there may not even be a third party involved for either the creation or exercise of the right. Indemnity holder Indemnifier Guarantee When getting a bank loan, a person is often asked to provide a guarantee. Guarantee an indemnity are often...
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...drive all aspects of a management teams. The legally astute marking manager seeks legal counsel, advice, and guidance and is proactive in addressing the legal dimensions of business. All concerns should be addressed in ways that are effective, efficient, and legally permissible (Bagley, 2009, page 13). Legal advice in all aspects of the business allows a legally astute manager to be proactive as opposed to being reactive in legal issues and guidelines which allows less time for corrections and a greater emphasis on effective planning which decreases unforeseen problems. This component can mitigate the risks involved in dealing with Facebook. Facebook has a proactive approach in dealing with legal issues and regulations. Facebook has created policy and procedure which can be read and is posted for all...
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...Agreement: 1. It is a shrink wrapped contract: by simply downloading the software the company agrees to the terms of the EULA. 2. Liability for third party use: The company will be liable for our third party agents compliance with the terms and conditions of the EULA. Any breach of VMware’s EULA by a Third Party Agent shall be deemed to be a breach by our company. 3. EULA allows VMware to monitor internet activities. 4. VMware collects personal information: VMware may collect information about individuals such as their name, address, telephone number or email address, user IDs and passwords, billing and transaction information, credit card or other financial information and contact preferences. 5. Choice of Law: VMWare has a choice of law provision in its EULA that all disputes will be governed according to the laws of the state of California. 6. VMware can fully use and disclose any information not in personally identifiable form 7. Company will be liable for confidential information which includes (a)License Keys; (b) information regarding VMware’s pricing, product roadmaps or strategic marketing plans; and (c) non-public materials relating to the Software. 8. VMware is not liable for any information posted via online communication tools. 9. VMware is not liable for any breach of privacy by its third party service providers. Personal Information may...
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...Accountants have an ethical responsibility to these entities that rely on their work to be accurate and precise. Accounts must use extreme care and follow established conventions and standards to present the true and fair view of the financial position of a company. Accountants owe the ethical and professional obligations to the previously mentions entities of management, stockholders, investors, creditors and regulatory and taxation authorities. These entities are divided into three groups: clients, third parties, and the government. Clients are people or groups that use the professional advice or services of an accountant. Accounting clients could be small or large business, private parties, individuals or other accounting firms. The accountant-client relationship is unique and has never occupied the same status as the client relationship with other professions. An accountant’s responsibility to their client is to regard information obtained during the course of the professional relationship as a sacred trust of...
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...THIRD PARTY MEDIATION IN CONFLICT RESOLUTION Introduction The contemporary international system has witnessed dramatic increases in numerous conflicts. Specifically, of the six continents in the world, not even one is immune to one form of violent conflicts or the other. Of all efforts to explain the causes of these conflicts, a growing body of research findings highlights the association between economic deprivation and conflict. (Gurr 1970; Elbadawi 1992; Collier and Hoeffler 1998; Stewart 2002; Deiminger 2003; Justino 2004). Thence, circumstances of gross economic denial, together with social, political, and environmental factors precipitate conflict. Third party mediation in Conflict Resolution has gained a considerable and increasing attention from academics and policy makers. There is plethora of literature on the role of third party in conflict resolution. Due to the complexity of the discipline, conflict resolution seems to be a relative term that can mean either conflict prevention or conflict management. Likewise, debates ensued as to why a third party mediates in conflicts. For instance, people marvel why the ‘coalition of the willing’ intervened in Iraq over the unproven existence of weapons of mass destruction but not in North Korea that admitted having the weapons. In addition, NATO intervened in Kosovo, but not in Bosnia, the UN sent troops to halt ethnocide in East Timor but had done nothing to prevent same from happening in Rwanda. More ...
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...an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment. | agency | A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal). | apparent authority | Authority that is only apparent, not real. In agency law, a person may be deemed to have had the power to act as an agent for another party if the other party’s manifestations to a third party led the third party to believe that an agency existed when, in fact, it did not. | disclosed principal | A principal whose identity is known to a third party at the time the agent makes a contract with the third party. | e–agent | A computer program that by electronic or other automated means can independently initiate an action or respond to electronic messages or data without review by an individual. | equal dignity rule | In most states, a rule stating that express authority given to an agent must be in writing if the contract to be made on behalf of the principal is required to be in writing. | fiduciary | As a noun, a person having a duty created by his or her undertaking to act primarily for another’s benefit in matters connected with the undertaking. As an adjective, a relationship founded on trust and confidence. | independent contractor | One who works for, and receives payment from, an employer but whose working conditions and methods are not controlled...
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...- Information Security Policy Document Reference Date Document Status Version Revision History P01 - IS Policy Final 1.0 Table of Contents 1. 2. 3. 4. 5. 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. 5.6.1. 5.6.2. 5.6.3. 5.6.4. 6. 6.1. 6.2. Policy Statement ....................................................................................................................... 3 Review and Update of the Policy Statement .......................................................................... 3 Purpose ...................................................................................................................................... 3 Scope.......................................................................................................................................... 3 Information Security Framework ........................................................................................... 3 Reporting Structure for the Business .......................................................................................... 3 Associated Teams....................................................................................................................... 4 Annual Policy Review................................................................................................................ 4 Policy Breaches .......................................................................................................................... 4 Individual Policies ..........................
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