Wednesday, May 20, 2020

A Guide to Writing Recommendation Letters

A recommendation letter is a type of letter that provides a written reference and recommendation for inclusion. If you write a recommendation letter for someone else, you are essentially vouching for that person and saying that you believe in him or her in some way. Components of a Recommendation Letter Every recommendation letter should include three key components:A paragraph or sentence that explains how you know this person and the duration of your relationship with them.An evaluation of the person and their skills/accomplishments. If possible offer specific examples that illustrate the person’s strengths and qualifications. These examples should be brief but detailed.A summary that explains why you would recommend this person and to what degree you would recommend them.​ Who Needs a Recommendation Letter? Recommendation letters are generally used by students applying to undergraduate and graduate schools and scholarship or fellowship programs, and by people in the workforce who are applying for jobs. For example: Individuals who are applying to business school or an MBA program typically needs to two three recommendations that explain why they are a good candidate for business school. The recommendation might explain why they have leadership potential or how they have succeeded in past academic or business pursuits.  Some scholarship programs require applicants to submit recommendations to support their scholarship application. This is most common in merit-based programs that award scholarships based on academic merit, volunteer experience, etc.  A job seeker may also need a written professional reference  or recommendation that explains or supports the reasons why the job seeker is a good candidate for a particular position or company. These letters tend to focus on professional qualifications.   Before You Write a Recommendation Letter At some point in your life, you may need to write a recommendation letter for a former employee, co-worker, student, or someone else that you know well.  Writing a recommendation letter for another person is a large responsibility and should be taken very seriously. Before you agree to the task, make sure you have a clear understanding of what the letter will be used for and who will be reading it. This will make it easier for you to write for your audience. You should also make sure that you know what kind of information is being expected from you. For example, someone might need a letter highlighting their leadership experience, but if you dont know anything about that persons leadership capability or potential, youre going to have a hard time coming up with something to say. Or if they need a letter about their work ethic and you submit something about their ability to work well in teams, the letter wont be very helpful. If you feel that you can not properly convey the necessary information, because youre busy or dont write well, offer to sign a letter that has been drafted by the person who is requesting the reference. This is a very common practice and often works well for both parties. However, before you sign something written by someone else, make sure that the letter honestly reflects your true opinion. You should also keep a copy of the final letter for your records. What to Include in a Recommendation Letter The content of  the recommendation letter that you write will depend upon the needs of the person who is requesting the letter, but there are some common topics that are typically addressed in recommendation letters for job and education program applicants: Potential (such as leadership potential)Skills/Abilities/Strengths  DependabilityConsistencePersistenceMotivationCharacterContributions (to class or community)Accomplishments​ Sample Recommendation Letters You should never copy content from another recommendation letter; the letter that you write should be fresh and original. However, looking at a few sample recommendation letters is a good way to get inspiration for the letter that you are writing. Sample letters can help you to better understand the components of a letter and the types of things that typical recommenders focus on when writing a recommendation for a job seeker, college applicant, or graduate school candidate.

A Guide to Writing Recommendation Letters

A recommendation letter is a type of letter that provides a written reference and recommendation for inclusion. If you write a recommendation letter for someone else, you are essentially vouching for that person and saying that you believe in him or her in some way. Components of a Recommendation Letter Every recommendation letter should include three key components:A paragraph or sentence that explains how you know this person and the duration of your relationship with them.An evaluation of the person and their skills/accomplishments. If possible offer specific examples that illustrate the person’s strengths and qualifications. These examples should be brief but detailed.A summary that explains why you would recommend this person and to what degree you would recommend them.​ Who Needs a Recommendation Letter? Recommendation letters are generally used by students applying to undergraduate and graduate schools and scholarship or fellowship programs, and by people in the workforce who are applying for jobs. For example: Individuals who are applying to business school or an MBA program typically needs to two three recommendations that explain why they are a good candidate for business school. The recommendation might explain why they have leadership potential or how they have succeeded in past academic or business pursuits.  Some scholarship programs require applicants to submit recommendations to support their scholarship application. This is most common in merit-based programs that award scholarships based on academic merit, volunteer experience, etc.  A job seeker may also need a written professional reference  or recommendation that explains or supports the reasons why the job seeker is a good candidate for a particular position or company. These letters tend to focus on professional qualifications.   Before You Write a Recommendation Letter At some point in your life, you may need to write a recommendation letter for a former employee, co-worker, student, or someone else that you know well.  Writing a recommendation letter for another person is a large responsibility and should be taken very seriously. Before you agree to the task, make sure you have a clear understanding of what the letter will be used for and who will be reading it. This will make it easier for you to write for your audience. You should also make sure that you know what kind of information is being expected from you. For example, someone might need a letter highlighting their leadership experience, but if you dont know anything about that persons leadership capability or potential, youre going to have a hard time coming up with something to say. Or if they need a letter about their work ethic and you submit something about their ability to work well in teams, the letter wont be very helpful. If you feel that you can not properly convey the necessary information, because youre busy or dont write well, offer to sign a letter that has been drafted by the person who is requesting the reference. This is a very common practice and often works well for both parties. However, before you sign something written by someone else, make sure that the letter honestly reflects your true opinion. You should also keep a copy of the final letter for your records. What to Include in a Recommendation Letter The content of  the recommendation letter that you write will depend upon the needs of the person who is requesting the letter, but there are some common topics that are typically addressed in recommendation letters for job and education program applicants: Potential (such as leadership potential)Skills/Abilities/Strengths  DependabilityConsistencePersistenceMotivationCharacterContributions (to class or community)Accomplishments​ Sample Recommendation Letters You should never copy content from another recommendation letter; the letter that you write should be fresh and original. However, looking at a few sample recommendation letters is a good way to get inspiration for the letter that you are writing. Sample letters can help you to better understand the components of a letter and the types of things that typical recommenders focus on when writing a recommendation for a job seeker, college applicant, or graduate school candidate.

Monday, May 18, 2020

American Food Industry Needs Government Regulation Essay

American Food Industry: Needs Government Regulation Remember when the tobacco industry was on trial and being held accountable for their illicit marketing and targeting tactics to further profits all the while denying any health issues associated? America has a similar issue but not as illuminated as the tobacco industry resulting in the surgeon general’s warning. This issue is free to market to children, free to market wherever profits are foreseeable, and free to label products to become more appealing. This issue is the ever growing food industry. Kind of taboo to blame food for the severe and skyrocketing obesity rate in America right? Have you ever checked your labels? Know what’s really in your food? Looked at and researched health programs controlled by politicians and bought and paid for health officials? The American food industry needs to have government regulation to prevent further obesity and malnutrition that is devastating our public health on a national scale. Why does the American food industry need government regulation? There needs to be regulation because of the sugar put into our food products which is the root of many nutritional problems. Sugar comes in many forms. Fifty-six to be exact. All of which is digested and broken down by your liver the same way. The average twenty ounce soda bottle has over seventeen teaspoons of sugar in it. That is an amazing amount of sugar and stress on your liver in one beverage. The body does need sugar,Show MoreRelatedFood, Safety, And Justice For All869 Words   |  4 PagesFood, Safety, and Justice for All Americans today tend to have confidence that the food they consume is healthy and safe; however, the reality of what really goes on in the food industry proves something completely different. A glimpse of this awakening reality was revealed when award-winning journalist, Tracie McMillan embarked on a mission to discover the actuality of the American Food Industry. She managed to find three jobs related to the food commerce: First she picked crops, next she stockedRead MoreThe Food And Beverage Industry1400 Words   |  6 PagesThis paper is over whether the Food and Beverage industry should be allowed to use their self-imposed regulations for food marketing and labeling or should the government be the ones to enforce policies. I believe the government should be the ones to regulate the food and beverage industry to give Americans the chose to make healthier decisions. America waistline is expanding and continues to expand, according to a study done and published by The Lancet(Khan, 2014). Which is one of the world’s best-knownRead MoreFast Food Nation : The Dark Side Of The All American Meal1137 Words   |  5 PagesPeople today believe that the government is supposed to eliminate any possible danger from the food they consume, but that is not the case. In the book Fast Food Nation: The Dark Side of The All-American Meal written by Eric Schlosser, he discusses numerous problems with food production. Some of these issues are discussed in the â€Å"Epilogue†, â€Å"What’s In Meat†, and â€Å"Most Dangerous Job† chapters where Schlosser elaborates on the government’s role and how workers are mistreated. In the article, â€Å"U.S.Read MoreThe Role Of Federal Government Plays On The Food Regulation And Safety1301 Words   |  6 PagesThe role the federal government plays in the food regulation and safety is controversial. Some believe that it’s against their constitutional right for the government to step in and have a say on the food they consume. On the other hand, some believe that it’s part of the government’s job to regulate the food industries and provide health regulations to protect the society. The country is divided based on when the government should intervene when it comes to many topics such as the Healthy HungerRead MoreRegulate Yourself: Don’t Blame the Food Industry600 Words   |  3 Pagesthe Food Industry Eating healthy is a major concern in America. Some people believe that food industries are to blame for Americans unhealthy diet, while others think the responsibility for implementing a healthy diet is up to the individual. Mark Bittman, the author of â€Å"Can Big Food Regulates Itself? Fat Chance†, argues that allowing food industries to self regulate what’s healthy and unhealthy has resulted in marketing unhealthy food as being healthy. Bittman has a point: food industries are spreadingRead MoreThe Epidemic Of Childhood Obesity In America. Childhood1080 Words   |  5 Pagesdiabetes accounts for at least 30 percent of new childhood cases of diabetes in this country† (463). Type 2 diabetes should not be the norm among the children of America. The government has to impose regulations on food industries to put an end to the rising occurrence of such an epidemic in childhood obesity in America. The government is faced with the obligation of requiring all restaurants to truthfully report the nutritional information associated with the meals that they serve in order to reduceRead MoreFast Food Industry Essay1456 Words   |  6 PagesThe fast food industry has come a long way from its humble beginnings in the suburbs of Southern California. The industry has grown from being a commodity that worked to satisfy its customers efficiently to being filled with corporations that are looking to make the largest profits possible. This has led it to be very involved in political matters and along with the meat industry, it has a very strong hold over food politics. The effects of this on the American society have become noticeable, withRead MoreCompetitive Strategies Government Policies Essay1607 Words   |  7 PagesCompetitive Strategies and Government Policies Brenda Ocampo, Eileen Pool, Bernardo Villegas, Roderick Phipps, Mohammed Alodeh ECO 365 February 4, 2013 Gregory Czarnecki McDonald’s The fast food industry is a highly competitive environment. For a leading chain such as McDonalds they always need to be thinking ahead about the competition and how the economy affects their industry. Although McDonalds is one of the biggest fast food chains they have to be aware of newRead MoreObesity: Should the Government Tax Unhealthy Foods? Essay1641 Words   |  7 PagesIs more government regulation needed to stop the epidemic of obesity? The first government recommendation was from the US Department of Agriculture (USDA) in 1917 when they released a pamphlet, How to Select Foods. This pamphlet divided foods into five groups. During 1956 President Dwight D. Eisenhower created the Presidents Council on Youth Fitness due to â€Å"concern about the physical fitness of America’s children compared with their European counterparts† (ProQuest Staff). Since the introductionRead MoreObesity Epidemic and Lack of Government Intervention Essay1085 Words   |  5 Pages Is the lack of government regulation causing an obesity epidemic? In America fast food is a staple of many people’s diets. As a result, the United States is now faced with a serious obesity epidemic that continues to grow worse every year. Along with impacting the economy, some of the impacts on people are cardiovascular disease, diabetes, and strokes which are all linked to obesity. According to the CDC, â€Å"The US Department of Health and Human Services discovered that the combination of a poor diet

Wednesday, May 6, 2020

Short Story The Hell - 1097 Words

I sighed began to attempt picking Brock up. I paused and looked up at Megan, who was still staring at me. I raised my eyebrows and said, Are you coming or what? I haven t got all night. She continued to stare at me open-mouthed. I slid my arms underneath Brock s upper back and knees. I took a deep breath and slowly picked him up. I looked back to Megan and asked in a rushed tone, If you re just going to gape at me could you at least open the stupid door? She shook herself out of her reverie and opened the door. I struggled out the door and then ran, or what the equivalent was for the part jog part stagger I was doing, to the minivan. The others saw me coming, and they threw the car door open in time for me to shove Brock inside.†¦show more content†¦She did, but she still had a question. Is there a radio in here? I m bored. I let out the breath that I had apparently been holding. I reached out a hand and pressed the button. The station 103.5 blared out an old favourite of mi ne. Tears almost came to my eyes. I wished that I could sing along to it, but I couldn t if I wanted to keep my secret. My expression turned sour as I remembered how Apollo and Ares had tricked me and Logan. Logan and I had been invited to Olympus by Apollo and Ares. We were excited because we would get to meet our fathers for the very first time (Apollo was my dad, Ares was his). When we got there we had lunch and chatted. Until they offered us something. We had stupidly accepted right away because , well, who doesn t accept something from a god? But what we didn t know then hurt us later. It had caused... things to happen when I sang or Logan insulted people. So we made a pact to only do those things in times of greatest need. Emma... EMMA! Megan shouted. WHAT I screamed back. I turned around again. Megan looked taken aback. I was just wondering where you got that scar on the back of your neck... she muttered, Gosh, can t a girl just ask a question? I noticed that everyone else wa s looking at me like I was a ticking bomb, ready to explode. Then I realised that I was. I could feel my face heating up and in my head thoughts like, How dare she? and,Show MoreRelatedShort Story : A Hell Hole 1728 Words   |  7 Pagescascading silkily down her back. Her dark, brown eyes landing on the door, exiting and making her way out of the nine feet, black gates, as she moved away from the chaos, leaving behind the sight of the big, tedious, four stories building, a place known as school, but in Aislinn s words, a hell hole. This building is new to Aislinn s sight, yet it is just like every other school building she had been to in the previous three years. Despite that, Aislinn feels like there is more to Stratford High, not justRead MoreSymbolisms of Hell in The Pit and the Pendulum Essay835 Words   |  4 PagesSymbolisms of Hell in â€Å"The Pit and the Pendulum† In the short story, Poe uses the pit to symbolize hell. In the beginning, the soldier describes going into the pit as â€Å"a mad rushing descent as of the soul into Hades† (Poe 268). The descent reminds the reader of hell in that it is beneath the surface of the ground. Also, when the soldier describes the mad rushing, it can represent hell because nothing in hell is supposed to be orderly or calm. In the Bible, hell is described as a chaoticRead MoreThe Pit And The Pendulum By Edgar Allen Poe1703 Words   |  7 Pagespoint of view, setting, and conflict to display the thematic message of fear in his short stories. This example uses all three literary strategies. The setting contributes to the theme of fear by stating that the soul was descending to Hades, the Greek god of the underworld, or hell, a place that will almost definitely draw a fear response in the reader. He uses conflict by having the reader infer that the story is about a dying person, and so on. He finds unique ways to do this with all types ofRead MoreAll The Arcades Of The World868 Words   |  4 Pagesâ€Å"Of all the arcades in the world, she had to walk into mine. Tina, the only person who could beat me at Pacman, back to prove it again.†(Hill 3 Feb). The very short story spoke to me about love and I felt my heart ache. Of all the hearts in the world, she had to walk into his. He’s a player and the only one that could beat him at his own game is Tina. The man, however, uses the arcade game Pacman to hide his feelings and frustration toward Tina. Unlike most scenarios Tina is playing with what I’mRead More Imagery in Edwards Sinners in the Hands of an Angry God Essay519 Words   |  3 Pagesso the wrath of God is more fearsome and gave you a mental picture of hell in your head. Imagery is one of the components that were used by Edwards to make his story more persuasive. As the short story begins, the first sentence was an example of imagery. Edwards wrote when men are on GodÂ’s hands and they could fall to hell. “…natural men are held in the hands of God, over the pit of hell…” Knowing that you might fall into hell at any moment should scare you. God decided to save you until he wantsRead MoreDante s Inferno, By Dante The Pilgrim1345 Words   |  6 Pagesof Hell told by Dante the Poet. The story examines what a righteous life is by showing us examples of sinful lives. Dante is accompanied by his guide Virgil, who takes him on a journey to examine sin and the effects it has in has in the afterlife to different sinners. Through the stories of Francesca and Paolo, Brunetto Latini, Ulysses and Guido da Montefeltro, we are able to understand that people are self-interested in the way they act and present themselves to others and that those i n Hell areRead MoreAnalysis Of The Poem Comedia 947 Words   |  4 Pagesthe three poems, spawning countless reprints, several movies and even a video game. Despite being known as a comedy, anyone who has read Inferno realizes that the story is full of symbolism, double entendres, political messages, allusions, religious undertones†¦ the list goes on. However, there are several comedic elements in the story that distinguish it from other epic poems such as The Odyssey and Beowulf. Dante, unlike most other poets of the time, intended for his poem to have a parodic styleRead MoreThe Role Of Virgil In Dante Alighieris The Divine Comedy731 Words   |  3 PagesAs Dante is lost and floundering in his beginning moments of the story, a guide named Virgil appears to help.Virgil, a wise older man who’s lived for many years more than Dante, performs a vital function in The Divine Comedy; he leads Dante through hell and purgatory. In Dante Alighieris The Divine Comedy, there are many characters who are important, but Virgil has a key role. He serves as a protector, a knowledgeable guide and a model of human reason and wisdom. Virgil is very protective of DanteRead MoreThe Interpreter Of Maladies Short Story1124 Words   |  5 Pagesgoes cold†. Jhumpa Lahiri, the author of The Interpreter of Maladies, Hell-Heaven, and A Temporary Matter, shows that she agrees with this idea through the conflict displayed in her short stories. In all three stories, a loss of communication between people becomes present and ultimately leads to a failing or meaningless relationship. Different types of loss of communication that the different characters experience in the stories include a loss of connection with each other, and choosing not to listenRead MoreWe All Have Evil Inside874 Words   |  4 Pagesknown for his use of allegorical figures in his short stories. The use of allegories help its readers seek a hidden meaning of an object or character to help them understand their significance to the story. In 1835, Hawthorne wrote the short story of â€Å"Young Goodman Brown† where the reader is introduced to an innocent and pure couple who are all about religion and against any evil worshippers. Faith and Goodman Brown will face a diabolic journey to hell, and fight against the will of the evil which

Contract Law and Tort Law of Negligenceâ€Free Samples for Students

Question: Discuss About the Contract Law and Tort Law of Negligence? Answer: Introducation In order to form such a contract which can be deemed as legal and binding upon the parties, it needs to contain a promise, where one of the parties to such an agreement, promises to do a thing and the other party to such an agreement, promises to pay the amount or value of consideration that has been fixed between them (Ayres Klass, 2012). A contract, in general, is drawn in two forms, i.e., written or oral. In the written form of contract, the terms on which the contract is formed is stated clearly and in detail on a document, which the promise making parties sign. In an oral contract, the terms of contract, are exchanged between the promise making parties in an oral or verbal manner. Even though the modes of creating the contracts are different, these continue to have a legal standing in the eyes of law (Clarke Clarke, 2016). For creating any kind of contract, there is a need for it to have certain elements, i.e., the need for an offer being made, which is then accepted by the party to which it was made, the need for it to contain a valid consideration, the requirement of contractual capacity, clarity with regards to the terms on which the contract is being formed, and lastly, the intent of creating lawful associations (Andrews, 2015). The initial step in contract formation begins from an offer being made. There has to be clarity with regards to an offer being made or an invitation to treat being put forward. An invitation to treat highlights the intention of the parties or their willingness in initiating negotiations regarding a particular topic. An offer is far different from an invitation to treat and it shows that the parties want to initiate the legal association and are willing to form a contract. The advertisements which are presented in magazines or in newspapers are deemed to be invitation to treat, instead of being an offer. If instead of an offer, an invitation to treat is established, the party which gave the advertisement is not required to finish the sale (Abbott, Pendlebury Wardman, 2007). In Partridge v Crittenden [1968] 1 WLR 1204, the advertising person as not required to go through with the sale as it was deemed as an invitation to treat. Though, in case, such an advertisement contains a unilateral offer, which can be accepted by anyone, through undertaking the performance of the advertisement, the same is deemed as an offer and not an invitation to treat, as was famously held in Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 (Latimer, 2012). An offer has to be followed by the element of an acceptance. When an acceptance is given on a particular offer, the same has to be given to the offer in the form and in the exact wordings in which the offer was made. If any of the terms of the offer are changed while communicating the acceptance, the same is not an acceptance, and is instead a counter offer. Hyde v. Wrench (1840) 3 Beav 334 acts as an example of the modified acceptance being deemed as a counter offer (Marson Ferris, 2015). The next element in line is the consideration. In absence of a consideration, a contract cannot be held as being valid. There is also a need for the consideration to be both sufficient and adequate. A consideration made before the promise is made, i.e., past consideration, is not sufficient (Mulcahy, 2008). It is crucial that the consideration has an economic value. In Chappell and Co Ltd v Nestle Co Ltd [1960] AC 87, due to the condition being precedent, the three wrappers were held to be valid consideration. The next element relates to the parties having an intention of creating lawful relationship. In Balfour v Balfour [1919] 2 KB 571, it was held that an assumption cannot be made regarding the intention of the parties, till the time there is a presence of clear evidence to establish the contrary (Latimer, 2012). The parties also need to have the contracting capacity, as per which they need to have attained the legal age and be of sane mind. The next requirement deals with the necessity of the terms of the particular contract being clear to the promise making parties. The parties need to give a free and clear consent to the contract, which is free from duress or undue influence. Only when a contract contains all such terms, can a binding contract be established. When one of the parties of the contract, fails to keep their promise, a breach of contract takes place. In such a case, an individual, who is party to the contract, can apply for damages or equitable remedies (Lambiris Griffin, 2016). Misrepresentation is such a situation under the contract law, whereby a false assertion is made by the individual, so as to induce the other party into entering the contract. This false statement relates to a statement of fact, and cannot relate to an intention or an opinion. In case it is established that misrepresentation was incorporated as a term of the contract, it can form as the base for breach of a contract and the available contractual remedies can be claimed upon (Latimer, 2012). In Bisset v Wilkinson [1927] AC 177, a piece of farm was purchased by the claimant. He had questioned the seller on the number of sheep that could be held in that piece of land. Even though the seller had not used it as a sheep farm ever but he made an estimate that the same would contain two thousand sheep. Relying upon the statement of the seller, the land was purchased by the claimant. This estimate was proved as being wrong and action for misrepresentation was initiated. It was held that since the statement was just an opinion and it was not a factual statement. Hence, the action of claimant failed (E-Law Resources, 2017a). However, an entirely different ruling was given in the case of Esso Petroleum v Mardon [1976] QB 801 Court of Appeal. In this case, the expert of Esso estimated that the petrol station would sell 200,000 gallons of petrol. However, when Mardon tried to sell the petrol station, the same could sell only 78,000 gallon, resulting in a loss of 5,800. Even though an action could not be held for misrepresentation, due to estimate being of future, hence not a statement of fact, a claim was allowed on the basis of negligent misstatement and the clamant could apply for damages (E-Law Resources, 2017b). The given case study highlights that upon negotiations being carried on, an offer was made and acceptance was attained, which led to the formation of contract. However, in this case, Paul was the expert, who gave an advice to invest $100,000 in Sustainable Mining Pty Ltd. This advice was not based upon a statement of fact, but an opinion that this investment would not go wrong. So, a case of representation cannot be made, for the statement of opinion given by Paul. Hence, it is advised to Muriel to refrain from making a claim for misrepresentation against Paul. Moreover, as Max was not party to the contract which was formed between Paul and Muriel, she would not be able to bring claims against him. The most Muriel can do is make a claim against Paul for the negligent misstatement. Negligence can be stated a breach of duty of care, which results in harm to the party to which the duty was owed. A claim for negligence can be made only when the same has a direct causation between the injury and the breach of duty, and such an injury has to be foreseeable in nature (Harvey Marston, 2009). In order to create a valid claim for negligence, there has to be a presence of duty of care, which consequently has to be breached, and such breach has to result in loss or injury to the other party. Once, a successful claim is made for negligence, damages can be claimed upon by the aggrieved party (Gibson Fraser, 2014). In Donoghue v Stevenson [1932] UKHL 100, the manufacturer was held to have owed a duty of care towards the consumer and hence was held to be negligent (Latimer, 2012). In Caparo Industries plc v Dickman [1990] 2 AC 605, 618, foreseeability, proximity and fairness of liability were held to be a threefold test for establishing duty of care (Lunney Oliphant, 2013). Due to lack of foreseeability in Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078, damages were not awarded to the plaintiff (Swarb, 2016). In Paris v Stepney Borough Council [1951] AC 367, due to the Council being negligent in failing to provide protective gear to Paris, the Council had to compensate Paris for his loss of eye (Martin Lancer, 2013). There are certain defenses which can be made for safeguarding oneself against a claim of negligence and one of such defenses is contributory negligence. Under this defense, if an individual contributes to the injuries which have been received by him, the individual would be held as having being contributed towards his own injuries. And in such cases, the amount of damages awarded to him, would be reduced by the magnitude of his contributory negligence (Dongen, 2014). In Davies v Swan Motor Co [1949] 2 KB 291, the same was done and the damages of Davies were diminished (E-Law Resources, 2017c). In Raad v KTP Holdings Pty Ltd as Trustee for VM KTP Nguyen Family Trust [2016] NSW 2016 888, the damages were reduced by 10% (Devitt, 2016). A negligent misstatement is a claim which is initiated against an individual who makes such a statement which is not true or is false in nature and reliance has been made by the claimant on such statement, which results in a loss for the claimant. Reliance is a crucial clause for establishing a claim of negligent misstatement as was held in Hedley Byrne Co Ltd v Heller Partners Ltd [1964] AC 465 (Ward, 2010). Another tort in negligence is tort of battery, where an individual, knowingly hurts another person through an un-consented offensive or harmful contact. It is also known as tort of intentionally. To establish this, a degree of intention has to be present. However, the defense of consent or self defense can be used if a claim for tort of battery is made (Statsky, 2011). In the given case study, Reg was pestering the teenagers and wanted to use his skateboard on the park. Peter starts chasing Reg and when Reg runs away, Paul throws a tennis ball at Reg. As a result of this, she was hit on the head and rammed into Beryl, which led to her falling off, along with her baby from the pram. The tort of battery, in this case of Paul was apparent in this case. He intentionally threw a tennis ball at Reg, which resulted in the injuries to Beryl and the infant. Another can be made by Beryl against Paul and Ref for their negligent behavior which led to her injuries. Hence, it is advised to Beryl to initiate claims for damages against Paul for recovering the damages for both negligence and battery on part of Paul. However, a claim cannot be initiated by Muriel against either of Reg or Peter, for the nervous shock she experienced when she saw Beryl and her infant being injured. This is because for a claim to be made for negligence there has to be a direct causation and foreseeability in the loss. No one could have predicted that Muriel would have watched the incident and received the nervous shock, and there was a lack of direct causation between her nervous shock and negligence of Peter. Reg is one of the parties to the negligence, who contributed to the injuries which he received. So, he can make a claim against Peter for tort of battery and negligence, as due to actions of Peter, he was hit. But by running around and pestering the Peter, he contributed to his injuries and hence, the damages awarded to him would be reduced proportionately. Apart from the claims which can be initiated for a breach of duty or a breach of contract in form of monetary compensation, a claim can also be made for the emotional distress which has been caused as a result of the failure in fulfilling the promise which has been made. In the case of Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344, the plaintiff was awarded damages for the emotional distress which was caused as a result of the belongings which the plaintiff lost (Holmes, 2017). On the basis of this principle, Muriel is advised to initiate claims against Peter for the emotional distress caused to her in form of her suffering from post-traumatic stress due to loss of her investment. To conclude the entire discussion, Muriel can make a claim against Peter for damages and mental distress caused, but a claim cannot be made against Max as he was not a party to contract, and also cannot be made against Peter or Reg due to lack of direct causation. Beryl and Reg can sue Peter for negligence and battery, and she can also sue Reg for negligence. And lastly, the amount of damages which Reg recovers from Peter would be reduced by his contributory negligence. References Abbott, K., Pendlebury, N., Wardman, K. (2007). Business Law (8th ed.). London: Thomson. Andrews, N. (2015). Contract Law (2nd ed.). UK: Cambridge University Press Ayres, I., Klass, G. (2012). Studies in Contract Law (8th ed.). New York: Foundation Press Clarke, P., Clarke, J (2016). Contract Law: Commentaries, Cases and Perspectives (3rd ed.). South Melbourne: Oxford University Press. Devitt, S. (2016). A slip up - shopping centre liable for slip and fall on wet tiles. Retrieved from: https://www.lexology.com/library/detail.aspx?g=bdcef724-3c2e-482d-9d74-540bc1a44d6c Dongen, E.V. (2014). Contributory Negligence: A Historical and Comparative Study. Boston: Brill Nijhoff. E-Law Resources. (2017a). Bisset v Wilkinson [1927] AC 177 Privy Council. Retrieved from: https://www.e-lawresources.co.uk/Bisset-v-Wilkinson.php E-Law Resources. (2017b). Esso Petroleum v Mardon [1976] QB 801 Court of Appeal. Retrieved from: https://www.e-lawresources.co.uk/Esso-Petroleum-v-Mardon.php E-Law Resources. (2017c). Davies v Swan Motor Co [1949] 2 KB 291 Court of Appeal. Retrieved from: https://www.e-lawresources.co.uk/Davies-v-Swan-Motor-Co.php Gibson, A., Fraser, D. (2014). Business Law 2014 (8th ed.). Melbourne: Pearson Education Australia. Harvey, B., Marston, J. (2009). Cases and Commentary on Tort (6th ed.). New York: Oxford University Press. Holmes, R. (2017). Mental Distress Damages For Breach Of Contract. Retrieved from: https://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-35-2004/issue-3/holmes.pdf Lambiris, M., Griffin, L. (2016). First Principles of Business Law 2016. Sydney: CCH. Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Lunney, M., Oliphant, K. (2013). Tort Law: Text and Materials (5th ed.). Oxford: Oxford University Press. Marson, J., Ferris, K. (2015). Business Law (4th ed.). Oxford: Oxford University Press. Martin, J., Lancer, D. (2013). AQA Law for AS Fifth Edition (5th ed.). Oxon: Hachette UK. Mulcahy, L. (2008). Contract Law in Perspective (5th ed.). Oxon: Routledge. Statsky, W.P. (2011). Essentials of Torts (3rd ed.). New York: Cengage Learning. Swarb. (2016). Bolton v Stone: HL 10 May 1951. Retrieved from: https://swarb.co.uk/bolton-v-stone-hl-10-may-1951/ Ward, P. (2010). Tort Law in Ireland. The Netherlands: Kluwer Law International.

Resource Management Developing Sustainable Business Organizations

Question: Discuss about the Resource Management for Developing Sustainable Business Organizations. Answer: Introduction International Human Resource Management (HRM) refers to the set of human resource activities that manage the human resources at national and international level. The International HRM refers to the typical HRM functions such as recruitment, selection, training and development, performance appraisal and termination of employees conducted at an international level. Along with it, the international HRM also pertains to the activities such as global skill management, training and cross cultural issues (Harzing Pinnington, 2014). In multinational companies, there are three kind of employees, home country employees which refer to the employees belonging to the home country where the corporate headquarter of the firm is situated, host country employees which refers to the employees belonging to the nation where the subsidiary is situated and third country employees which refers to the employees who are not from the host or the home country but from any other country. The International Huma n Resource Manager integrates HR Policies and practices in different subsidiaries so that the organization can achieve its goals (Truss, Mankin Kelliher, 2012). Moreover, the International Human Resource Manager is responsible to increase the flexibility in the organizations policies so that it can accommodate the cultural differences in different countries (Nkomo, Fottler McAfee, 2010). In the present report, the employee relation issues in international HRM have been explored. Toyota is leading car Manufacturer Company. The HR Manager of the organization is transferred from its subsidiary in Australia to the USA. While moving from Australia to the USA, the manager will face several issues due to differences in economy and employment policies of both countries. In the present report, all the human resource issues faced by the organization have been discussed. Impact of Presidency Change on Economy and Business in the US Operations in international environment can be challenging for the business organizations. The companies have to adapt the policies and business operations according to the local laws and infrastructure. The presidential elections of the United States of America have been the most spectacular event of 2017 and the selection of Donald Trump as the new US President will have several long term impacts on the country. The new government has made several laws such as increasing the tariff on the goods, immigration ban and opting out of Trans-Pacific Partnership Trade Deal in the USA (Garcia, 2017). The investors and business organizations are happy with the presidential rule due to the low corporate taxes, less regulation, lower taxes on the interest and dividend of the organizations. However, the introduction of border taxes at a very high rate has created significant challenges for the human resource management of the organization. The border tax will hike the prices of the automobile s ignificantly (Lippert, 2017). Trump government has also warned Toyota for establishing car manufacturing facility in Mexico. The companies will no longer be able to manufacture the cars in Mexico at cheaper rates and sell them in the USA at higher prices. In the USA, the country has also banned immigration which will reduce the amount of available labor for the organization (Roberts Dason, 2017). One of the major responsibilities of the HR manager is to assure that the organization adheres by the employment laws and regulations (Condrey, 2010). It is a vital component of the HR managers responsibilities. Ensuring legal compliance with the labor and the tax laws is important for the continued existence of the organization. With the changes in the laws, the new HR manager will find it challenging to implement laws. The government constantly makes new regulations regarding the working hours of employees, tax allowances, break times, minimum wage and policies on discrimination (Cohen, 2010). The Trump government has made some radical changes in minimum wages, taxes and discrimination policies. The strategies of the government will require the HR manager to examine the changes required in the operations of the organization and implement them. In the recent development, Donald Trump has issued a threat against Toyota Motor Corp for building a new plant in Mexico. The president-elect warned the automobile manufacturer that it they will carry out the plans, they will face large border tax. Donald Trump made the threat as he was concerned that the new plant will take away the employment of the US citizens. If the company would have been able to outsource labor from Mexico, it would have been benefitted from the relative cheap labor of the country. Duties of International HR Manager The International HR Manager is liable to effectively manage the human resources in the companies which are working globally. They require having a deep understanding of different cultures and the ability to respond quickly. The basic functions of the human resource professionals are to handle activities such as recruitment, interviewing, hiring, training and development of the employees so that the business organization achieves its goals (Harzing Pinninton, 2014). The Human Resource Manager is also responsible to develop policies so that productive and safe workplace environment can be created. In global environment, it is essential to motivate and encourage employees to work collaboratively disregarding their cultural differences. One of the major functions of human resource professionals is to provide training to the human resources to ensure a productive environment is established in the organization (Collings, Wood Caligiuri, 2014). Training ensures that the employees have th e skills and the knowledge to accomplish the job tasks. The human resource manager makes arrangement for the training of the employees so that they are better skilled to perform their functions. Training also ensures that the companies abide by the government regulations as it increases the employee knowledge. In the international environment, the profile of human resource professionals is becoming more generalist (de Juana-Espinosa, 2011). In the present, the involvement of the human resource professionals with the internal operations of the organization is reducing and they are more concerned about collaboration and productivity of the organization as a whole. Today, the human resource professionals are concerned about increasing the competitive advantage, economic survival and the profitability of the organization. In this regard, the human resource professionals perform several actions such as hiring employees, managing benefits and handling disciplinary actions toward the emplo yees. They are also responsible to handle the health care cost, reducing the employee attrition and participating in the community (Chalofsky, 2014). They also work with managers in collaboration with the operations manager in the recruitment of new personnel. In international settings, the HR manager has to work in collaboration with the operations manager to recruit appropriate candidate and later in his performance evaluation. The international human resource manager has another challenging responsibility to build international teams and support their collaboration. They have to take appropriate measures to ensure that diverse teams work together. The human resource professionals adopt several strategies such as conducting team-building workshops, assisting in collaboration of the culturally-diverse people and employee engagement and motivation methods to achieve the strategic goals of the organization (Ehnert, Harry Zink, 2013). HR Implications of the Presidency Change in Automobile Industry The financial capital and wages are also significant in the outsourcing decision of the country. The outsourcing is used to save costs and increase the economic benefits to the organization. The countries like China and Mexico, whose economy is dependent upon the outsourcing activities have developed flexible policies to encourage the foreign companies to invest. The Human resource department of the organization gets benefitted by the highly productive workforce, cheap labor cost and flexible trade policies (Grisham, 2011). Outsourcing is also beneficial for the organization as it can enhance the core competence of the organization and result in new economic growth of the company (TingTing, 2014). With the introduction of the current policy, either the firm has to shift its manufacturing plant in the USA or face high border charges. With the development of plant in the USA, the employer-employee relations will get affected. The employment relationship can be defined as the legal link between employer and the employees. The employment relations are formed when a person works or provide services in the workplace in return of pre-determined remuneration. With the employment relationship; reciprocal rights and obligations are established between the employer and the employees. The employee relation is the main tool through which workers can gain access to the rights and benefits associated with the employment laws and social security of the country. It determines the nature and the extent of employers rights and obligations towards their workers. Moreover, as the employer and the employee work in close proximity, they develop professional relationships with each other. The management of the employment relationship is important for an organization as it is correlated with the happiness and the productivity of the emp loyees. The employer-employee relationship is mutually reliant as the employer is dependent upon the employee to perform his duties whereas employee is dependent upon the organization to support him financially. In Australia, there is national workplace relations system which defines the terms and conditions of employment and workplace right and responsibilities. Accordingly, in Australia, Toyota has implemented a number of programs which align with the workplace policies of the government. Toyota provides paid parental leaves of eighteen weeks for eligible working parents. It is at the rate of National Minimum Wage. According to the Australian laws, both the employers and the employees are responsible for maintaining health and safety at the workplace. In Australian employment laws, safety is given high priority. The law states that the employer is responsible to prevent workplace hazards and injury. As such, the employer must make adequate provisions so that the workplace hazards and injuries can be prevented. In addition to it, the Australian law also state that the employer must have insurance for the employees so that he can be provided facilities in case of serious workplace injuries ( Safe Work Australia, 2017). The Australian government has also made provisions for the unfair dismissal of the employees. However, the economy of the USA has always been capitalist and focused on profit maximization of the business organizations. There are certain employment laws related to minimum wage and unfair dismissal of the employees. However, with the outsourcing and migration of the foreign workers, the US citizens are increasingly becoming concerned about their jobs and retirements. The success of Donald Trump was heavily dependent upon the appeal to the working class who has observed their incomes stagnate and jobs moved offshore. The labor and the employment relations can change radically due to the changes in trade, energy and government regulations. President Trump has reshaped the National Labor Relations board (NLRB) by introducing a number of changes in the employment. The new government has introduced a number of reforms to increase the number of jobs in the USA. He is also focusing on deporting immigrants to open the lay wages jobs that they are holding. The companies will also find it difficult to hire the foreign workers. The minimum wage policy has also been changed to reduce the number of immigrants in the country. The county is planning to hike the minimum wage by 20% so that the companies could not hire the foreign workers at low wages (Dishman, 2016). It could be critiqued that Toyota HR Manager needs to revise the minimum wage policy fin thee organization. If the company initiates the manufacturing facility in the USA, it has to revise the wage policy according to the new regulations. The new policy is focused on reducing the number of migrant workers in the USA. The new policy may create cultural issues and hostility between the different workers. The HR manager needs to implement policies so that cordial relations can be maintained between different workers and they can work collaboratively. Moreover, with the introduction of the new policy, the attrition rate of the organization will increase. The HR manager will need to implement new policies to control the voluntarily turnover. The HR manager will need to counsel the employees that the organization will support them and their employment with the organization as they are valuable resources of the organization (Chalofsky, 2014). The HR manager also needs to initiate training and development practices so that the new employees in the organization get familiar with the organizations practices. As the new policies will increase the attrition rate of the employees, the organization needs to develop induction program for the new employees. In order to create a positive environment in the organization, the company needs to develop new induction programs for the employees. The induction programs must focus on increasing the harmony among employees from different geographical locations (Condrey,2010). With the new policy changes, the organization needs to recruit a large number of candidates. These candidates will require training and development. In several positions, the company needs to recruit new candidates in spite the demand of experience in the similar position. In this regard, it can be evaluated that the organization needs to implement comprehensive and all-inclusive training activities. The HR manager will be responsible for all the activities of the organization (Chalofsky, 2014). With the changes in the wage policies and focus on local recruitment, the expenditure on the human resource activities will increase drastically. Moreover, the organization may face talent shortage wherein the HR Manager may need to transfer the USA citizens working in foreign subsidiaries of the company. It is the responsibility of the HR manager to report the expenses in the HR activities to the headquarters of the organization (Condrey, 2010). Conclusion It can be concluded that international HRM is a subdivision of the Human resources activities. The International HR manager has to oversee the human resources activities locally and internationally. With thee change in the government in the United States, there will be some radical changes in the employment policies and the employment relations in the USA. The Trump government has increased the border taxes and minimum wage policy which will increase the expenditure of the organization in the human resource activities. The Trump government has warned Toyota to start manufacturing plant in Mexico as it will increase the border tax on the border which will eventually increase the price of the motor vehicles. Moreover, it has also initiated number of policies to reduce the number of migrant workers in the USA. It includes creating a hike in the minimum wages which will reduce the attraction towards the foreign or migrant workers. In this regard, the HR manager of Toyota will face severa l issues. The HR manager has to implement policies so that the new laws and regulations can be implemented smoothly. Moreover, the organization also needs to introduce policies to control the attrition rate and provide training and development to new employees. References Chalofsky, N.F. (2014). Handbook of Human Resource Development. London: John Wiley Sons. Cohen, E. (2010). CSR for HR: A Necessary Partnership for Advancing Responsible Business Practices. Greenleaf Publishing. Collings, D., Wood, G.T., Caligiuri, P.M. (2014). The Routledge Companion to International Human Resource Management. Routledge. Condrey, S.E. (2010). Handbook of Human Resource Management in Government. John Wiley Sons. de Juana-Espinosa, S. (2011). Human Resource Management in the Digital Economy: Creating Synergy between Competency Models and Information: Creating Synergy between Competency Models and Information. IGI Global. Dishman, L. (2016). Heres How Labor And Employment Might Change Under Trump. Fast Company. Retrieved 6 May 2017 from https://www.fastcompany.com/3065579/heres-how-labor-and-employment-might-change-under-trump Ehnert, I., Harry, W., Zink, K.J. (2013). Sustainability and Human Resource Management: Developing Sustainable Business Organizations. Springer Science Business Media. Garcia, F. (2017). Donald Trump threatens Toyota over 'plan to build new plant' in Mexico. Independent UK. Retrieved 6 May 2017 from https://www.independent.co.uk/news/world/americas/donald-trump-toyota-baja-california-plant-jobs-twitter-latest-a7511981.html Grisham, T.W. (2011). International Project Management: Leadership in Complex Environments. John Wiley Sons. Harzing, A., Pinnington, A. (2014). International Human Resource Management. SAGE. Harzing, A., Pinninton, A. (2014). International Human Resource Management. SAGE. Lippert, J. (2017). Trump Takes Credit for Planned $1.33 Billion Toyota Spending. Bloomberg. Retrieved 6 May 2017 from https://www.bloomberg.com/politics/articles/2017-04-10/trump-takes-credit-as-toyota-spends-1-33-billion-on-camry-plant Nkomo, S.M., Fottler, M.D., McAfee, B. (2010). Human Resource Management Applications: Cases, Exercises, Incidents, and Skill Builders. Cengage Learning. Roberts, A., Dason, C. (2017). Trump Says No Way to Toyota Plant in Mexico. The Wall Street Journal. Retrieved 6 May 2017 from https://www.wsj.com/articles/trump-says-no-way-to-toyota-plant-in-mexico-1483643183 Safe Work Australia. (2017). What Your Boss Must do. Retrieved 6 May 2017 from https://www.safeworkaustralia.gov.au/migrant-workers Tingting, W. (2014). An Empirical Study of the Economic Effects of Outsourcing-----Based on China's Economic Development Data. International Journal of Business and Social Science 5(11), 210-216. Truss, C., Mankin, D., Kelliher, C. (2012). Strategic Human Resource Management. OUP Oxford.