Study abroad Essay Example | Topics and Well Written Essays - 1500 words

Study abroad - Essay Example Being able to navigate around foreign countries over time increases the chances for a student to be self-sufficient as they learn to provide for themselves. Interacting with people from different cultures also allows students to challenge their long-held beliefs; more importantly, this demands that students look into their own native culture and appreciate its uniqueness. This is because they will have the opportunity to identify differences and similarities with the cultures in the foreign countries, which in turn teaches them to be accommodating of others. In addition, students are bound to find themselves in situations where their personal identity is questioned or criticized where this gives them a chance to develop confidence and self-esteem as they give out responses. All these experiences go a long way in shaping the character of student looking to excel in their chosen career. Why it should be made a necessity to study abroad International experiences, especially long-term on es that last for a semester or a year help build a student both professionally and personally. A student has a better chance of accessing employment and further education opportunities. It becomes important for institutions to encourage their students to take advantage of opportunities to study abroad, even if for a semester only. Such encouragement helps students get over their personal fears and instead consider the opportunities for personal growth that are available through international experiences. In addition, institutions need to guide students through the application process for such programs and take them through the preparation process of moving there and settling in while finding means of fending for themselves. The core reason for advocating for studying abroad is that is help students gain exposure as this enables them to adjust their way of thinking, attitudes and builds their skills. This exposure is essential in helping students become empowered and feel confident e nough to participate in a global job market (Lewin, 2009). The second core reason is based on employers’ perception of students who have studied abroad. A study done by Trooboff, Van de Berg and Rayman revealed that employers value the ability to be flexible and adaptable and that these skills are enhanced by studying abroad. Additionally, the personal quality of being open to and non-judgmental about people from varying cultural backgrounds was seen as being valuable to employers, and enhanced by studying abroad. Being observant and a good listener also ranked high among qualities valued by employers and enhanced by studying abroad though this was superseded by qualities such as being willing to take risks in order to learn new things, being cognizant that one’s worldview is not universal and having knowledge about more than one culture outside the United States. Overall, the skills/ personal qualities ranked the highest were ability to work under pressure and being a ble to work effectively in teams where both were seen as being enhanced further by studying abroad. Following an international and global competence criteria developed by Hunter and Deardoof, this study ranked the highest three personal qualities as being important when employers are hiring as well as being enhanced by international study. These are being able to communicate, interact and effectively work outside one’s comfort zone, getting along well with persons from varying races and cultures and

Selling kidney illegally Essay Example | Topics and Well Written Essays - 750 words

Selling kidney illegally - Essay Example This is why there is a rising demand for kidneys. That a black market in illegal kidney selling exists cannot be denied but it does so because supply from legal sources is unable to keep up with the rising demand nowadays. There are long waiting lists and many people are left with no choice but to seek kidneys from the abundant illegal sources. The problem is that this has become an affair that is unregulated. As a result, racketing is proliferating, the conditions under which the illegal transplants take place are usually highly risky, the poor in particular are exploited, and numerous other problems prevail. The only solution is regulations, which will be argued for in detail. We shall also cite the story of Moshe, a victim of the black market, and consider the experience of Iran, where the practice is legal, as a model. Unfortunately, this demand for kidneys cannot be met as long as kidney selling remains illegal. Officially conducted transplants are the only legal option but there is a shortage in the available number of willing donors. There are long waiting lines for people that need a new kidney transplant, and according to UNOS, the waiting list for kidney donations is the longest organ-specific waiting list. The number of patients on the U.S. waiting list reached â€Å"97,670 as of Dec. 31, 2007†¦ an increase of nearly 84 percent in 10 years†¦Ã¢â‚¬  (Medical News Today) The wait does not end quickly either, and according to a Harvard Medical School report, the average waiting time between listing and transplantation is projected to be nearly 10 years by 2010 (Gaston, 2003). Also, whilst people are waiting their health is ailing, and deaths are not rare. For example, â€Å"In 2007, nearly 6,000 people died while on the waiting list†¦Ã¢â‚¬  (ibid) So the wait is not only long , but also in many cases can prove to be fatal. The demand for kidneys is so great that a black market thrives to fulfill it. But it is unregulated and not without

Principles of Liability in Negligence in Business Activities

Principles of Liability in Negligence in Business Activities Aspects of Contract and Negligence for Business Ingrida Miseviciute Table of Contents Task 1 (AC3.1)1 Task 2 (AC3.2)2 Task 3 (AC3.3)3 Task 4 (AC4.1)4 Task 5 (AC4.2)5 References6 LO 3 Understand principles of liability in negligence in business activities Task 1 (AC 3.1) Liability in Tort Contractual liability Definition: A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, a breach of duty as in negligence, or due to a violation of statutes. Explanation: The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be â€Å"liable† or responsible for a person’s injuries will likely be required to pay damages. Damages: Under most tort laws, the injury suffered by the plaintiff does not have to actually be physical. A tortfeasor may be required to pay damages for other types of harm, including emotional distress or a violation of personal rights. Types: Joint Liability Vicarious Liability Liability to/for Third Parties Plaintiff/victim Liability Strict Liability Parent Liability. Definition: Contractual liabilityis defined as liability that does not arise by way of negligence, but by assumption under contract or agreement. Explanation: A contract is a legal binding agreement between two or more persons. When you sign, or agree to the terms of a contract, then you have accepted the contractual liabilities set forth in the document. Damages: Liabilities are things that you can be held accountable for, and may have to repay or replace, in the event that they occur. For example, a renter’sagreement may state that, If upon moving out of the premises stated in the contract, any part of the premises is destroyed, you may be accountable for and have to pay to repair, or replace the damage. Types: Contractual liability can take many forms, but is basically holds you accountable for damages that are stated in the contract. For example, Commercial contracts, domestic contracts and so forth. Task 2 (AC3.2) Negligence is a failure to use reasonable care that results in harm to another party. There are four important elements to a negligence lawsuit that must be proven: The defendant owed a duty, either to the plaintiff or to the general public The defendant violated that duty The defendants violation of the duty resulted in harm to the plaintiff The plaintiffs injury was foreseeable by a reasonable person. Donohughe V Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland in 1928, when Ms May Donoghue was given a bottle of ginger beer, purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass, Donoghue was not aware of the snail until she had consumed most of its contents. She later fell ill and was diagnosed with gastroenteritis by a doctor. Donoghue subsequently took legal action against the manufacturer of the ginger beer, Stevenson. She lodged a writ in the Court of Sessions (Scotland’s highest civil court) seeking  £500 damages. Because her friend had purchased the drink, Donoghue could not sue on the basis that a contract had been breached; her lawyers instead had to claim that Stevenson had a duty of care to his consumers and that he had caused injury through negligence – an area of civil law that was largely untested at that time. Stevenson’s lawyers challenged the action on the basis that no precedents existed for such a claim. However Donoghue was later granted leave to appeal to the House of Lords, which then had the judicial authority to hear appellate cases. The leading judgement, delivered by Lord Atkin in 1932, established that Stevenson should be responsible for the well-being of individuals who consume his products, given that they could not be inspected. The case was returned to the original court; Stevenson died before the case was finalised and Donoghue was awarded a reduced amount of damages from his estate. This case established several legal principles: Firstly, that negligence is a distinct tort. A plaintiff can take civil action against a respondent, if the respondent’s negligence causes the plaintiff injury or loss of property. Previously the plaintiff had to demonstrate some contractual arrangement for negligence to be proven, such as the sale of an item or an agreement to provide a service. Since Donoghue had not purchased the drink, she could prove no contractual arrangement with Stevenson – yet Atkin’s judgement established that Stevenson was still responsible for the integrity of his product. Secondly, manufacturers have a duty of care to consumers. According to Lord Atkin’s ratio decendi, â€Å"a manufacturer of products, which he sells †¦ to reach the ultimate consumer in the form in which they left him †¦ owes a duty to the consumer to take reasonable care†. This precedent has evolved and expanded to form the basis of laws that protect consumers from contaminated or faulty goods. Thirdly, Lord Atkin’s controversial ‘neighbour principle’. Here Atkin raised the question of which people may be directly affected by our actions, our conduct or things we manufacture. â€Å"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought to have them in [mind] when I am I am [considering these] acts or omissions.† Task 3 (AC3.3) Vicarious liability is a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also carries his or her own share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control. If an employee injures someone in the course of their employment, the employer may be subject to vicarious liability. This simply means that the injured person may be able to win compensation for the harm from the employer, rather than the employee. This is not to say, though, that the employee can always count on getting away scot-free. Even if there is vicarious liability, the injured person does not necessarily give up any right he may have to pursue the employee individually. If, for some reason, the injured person is unable to get full compensation from the employer, then he might seek to recover the balance from the employee. In addition, the employer may well seek reimbursement for any amount paid to the injured person (although in practice this rarely occurs). Generally, employers dispute vicarious liability claims on the following grounds: The person who caused the harm was not an employee, but an independent contractor or other non-employee worker; The employee did not harm the injured person in the course of the employees employment. An illustration of the test is provided by two contrasting cases, [Limpus v London General Omnibus Company] and [Beard v London General Omnibus Company], both involving road collisions. In the former, a driver pulled in front of another rival omnibus, in order to obstruct it. Despite express prohibitions from the employer, they were found liable; this was merely an unauthorised mode of the employee carrying out his duties (driving), not an entirely new activity. By contrast, in the latter case, London General Omnibus Company were not liable where a conductor (employed to collect fares on board the bus) negligently chose to drive the vehicle instead; this was completely outside of his duties. LO 4 Be able to apply principles of liability in negligence in business situations Task 4.1(AC4.1) A tort, in common law jurisdictions, is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the act. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Tort law is different from criminal law in that: (1) torts may result from negligent but not intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who caused the harm was acquitted in an earlier criminal trial. For example, O.J. Simpson was acquitted in criminal court and later found liable for the tort of wrongful death. Torts may be categorized in several ways, with a particularly common division between negligent and intentional torts. The standard action in tort is negligence. Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The elements in determining the liability for negligence are: The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle. There was a dereliction or breach of that duty. The tortfeasor directly caused the injury [but for the defendants actions, the plaintiff would not have suffered an injury]. The plaintiff suffered damage as a result of that breach. The damage was not too remote; there was proximate cause to show the breach caused the damage. Elements of Negligence Proximate cause Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for. The defence may argue that there was a prior cause or a superseding intervening cause. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. Duty of care It arises when one party creates a scenario that has the potential to harm the other party. Duty focuses on relationship between the two parties: The test whether the defendant owes a duty of care to plaintiff includes: Would a reasonable person have foreseen that the actions would have caused harm to the plaintiff? Reasonable person represents an objective standard. Breach of duty Breach of duty occurs when a â€Å"reasonable person† is not exercising the degree of care that would have expected from him/her in that situation. Reasonable person is an average person. It does not require perfection, but takes into account that an average person does not foresee every risk. The average person is not assumed to be flawless, but ordinarily careful and prudent. Actual Harm Actual harm could be in the form of physical or emotional injuries, property damages or financial loss. The main remedy against tortious loss is compensation in damages or money. According to the scenario, Chris was in an internet cafe. He got up to purchase a coffee and was slipped on some water that was on the floor and broke his arm. This depends upon the intention of Chris. If Chris slipped intentionally and did foresee this accident, then the cafe’ will not be responsible for the damages caused. If this is not the case, then the elements of negligence need to be applied to see if Chris can claim the damages. Negligence is important aspect to look at, means that the defendant (the cafe’) failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect that the cafe’ placed a warning signs in recently mopped areas or wet surface. If this is not done, then it means that the cafe’ did not fulfil the duty of care. Chris can claim damages as a result of it as he slipped and broke his arm. There are various implications on the scenario in terms of duty of care, negligence (intentional or otherwise) and it is up to the court to decide the outcome. Task 5 (AC4.2) Two clear elements must be established in order to establish a vicarious liability: Was the tortfeasor the defendant’s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. The existence of a relationship of employer and employee Many tests have been suggested for distinguishing between a contract of service and a contract for services. These include: Control test Ready Mix Concrete Ltd v Minister of Pensions and National Insurance (1968) Integration test – Stevenson Jordan Harrison Ltd v MacDonald Evans (1952) Organisation Test – Albrighton v Royal Prince Alfred Hopital (1980) â€Å"The ultimate question will always be whether a person is acting as the servant of another or on his own behalf and the answer to that question may be indicated in ways which are not always the same and which do not always have the same significance†. Conclusion as to whether defendant is an employer or contractor. If the defendant is an independent contractor the employer can’t be vicariously liable for the acts of that contractor. The employer will only be liable (as a primary liability) if the employer’s tortious duty is, in law, non-delegable: Kondis v STA; Burnie Port Authority v General Jones Pty Ltd. Was the employee acting within the course of employment? General rule is that whilst acting in the course of employment the employer is not vicariously liable for independent wrongful acts of employees (Bugge Brown). In determining the scope of the employment relationship the actions of the employee must be reasonably incidental to employment i.e. the employer is not vicariously liable if the employee is on a frolic of their own (Joel v Morison). (Situations to consider the necessary authorities) Wrongful mode of completing authorised act – employer vicariously liable (Bugge Brown) Express prohibition by employer not necessarily a defence if the employee’s act was still a mode of doing what he employee was employed to do – employer vicariously liable (Century Insurance Company v Northern Island Road Transport). Acting outside scope of employment relationship – employer not vicariously liable (Koorang Investments v Richardson). Driving cases For example, there are a number of truck driving cases where the court has had to decide whether the driver was acting within the course of his employment when driving the vehicle outside a designated route. Essentially, the pattern seems to be that if the drivers job is to get from Point A to Point B, and his detour from the designated route was simply another way of getting to Point B, then he is acting within the course of his employment. On the other hand, if the driver takes a detour for some other, non-business purpose (such as picking up a girlfriend and taking her shopping) then he would likely be regarded as acting outside the course of his employment. According to the scenario, Trevor is a driver who drives a lorry for a Haulage firm. He delivers deliveries for the company which suggests that he is an employee of the firm. Whilst at work, he detours the lorry and meets his girl friend. This is a non business purpose which means he is acting outside the scope of his duties. As he leaves his girlfriend’s house to continue deliveries, he negligently crashes into a car park. As stated above, two conditions must be met in order to establish a vicarious liability: was the tortfeasor the defendant’s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. In this case, the tortfeasor was Chris and the defendant is the Haulage firm. Chris was an employee and also he was acting in the course of his employment to meet his girlfriend and later on crashes his lorry. The vicarious liability is established and hence Chris is liable and not the haulage firm. References Tort Liability (2014). Available: http://www.legalmatch.com/law-library/article/tort-law-liability.html. [Last accessed 10 March, 2014] Donoghue V Stevenson (1932). Available: http://lawgovpol.com/case-study-donoghue-v-stevenson-1932/. [Last accessed 12 March, 2014]. Negligence (2014). Available: http://www.lawyersandsettlements.com/lawsuit/negligence.html?opt=cutm_expid=36075225.Uj6X3hD9S1KR79nt0Iy0tA.1utm_referrer=https%3A%2F%2Fwww.google.co.uk%2F#.UySBAj9_sSM. [Last accessed 12 March, 2014] Accidents and injuries (2014). Available: http://www.findlaw.co.uk/law/accidents_and_injuries/accident_claims/500045.html. [Last accessed 13 March, 2014] Vicarious Liability (2014). Available: http://en.wikipedia.org/wiki/Vicarious_liability_in_English_law. [Last accessed 13 March, 2014] Breach of duty (2014). Available: http://en.wikipedia.org/wiki/Breach_of_duty_in_English_law. [Last accessed 14 March, 2014] Tort (2014). Available: http://en.wikipedia.org/wiki/Tort. [Last accessed 14 March, 2014] Eustace, D, (2007) Negligent Misstatement – Dillon Eustace. Keenan, D., and Smith, K., (2006) Law for Business (13th Edition) Pearson Education Limited. McKendrick, E. Contract Law (2000). fourth edition. McMillan. Basington. Poole, J. Casebook on Contract Law (2001). 5th edition. London. Vickneswaren, K., (1997) Obligations: Contract Law (1st Edition) Old Bailey Press: London.

College Football at its Best :: Essays Papers

College Football at its Best As a writer for espn.com, Eric Neel travels around college campuses and examines the many different atmospheres on college football game days. One of his many visits was to the city of Columbus to witness one of the greatest traditions in sports in the Ohio State Buckeyes. His campus tour as it is called is not a competition and he does not rank the schools, but in his article about Ohio State he voices his opinion that it is the top place to watch a football game. For many citizens of Ohio and mainly Columbus, Buckeye football is a religion and this fact impressed Eric Neel and compelled him to say that Columbus was like no other place he had ever seen. He is analyzing Columbus’ football atmosphere on a beautiful Saturday in which the fans are tailgating for the game against the Spartans of Michigan State. The article is written to all college football fans and especially to Ohio State fans to credit them for being the best college football fans in the nation. There are many great places to watch college football games in the nation and giving one the distinction of best is a bold statement. The author supports his claim with his experiences during his day in Columbus and gives different stories of his interactions during the day. His examples are convincing because they show many different aspects of the experience of Ohio State football games. Each story and example is very different, but truly shows the spirit of Buckeye followers. He starts his article with a story about three men dressed in scarlet and grey suits, which are the Ohio State colors, and tells how they are going to a wedding. This simple story tells how important Buckeye football is to the people of Columbus and the support that is present from all the fans. He tells of the miles and miles of tailgaters who are located all around the stadium, and he even compares this situation to a pilgrimage to Mecca. A pilgrimage to Mecca is the most important part of the entire Islami c religion and being compared to this, is a strong support for the passion present during a game day in Columbus. The list goes on and on with supporting evidence and the author does not even come close to including all the different aspects of his topic.

Introduction to Starbucks

Introduction Starbucks first opened in 1971 in Seattle’s pike place market as a single store and at that time it was a merchant of whole bean and ground coffee, tea and spices. The name Starbucks was given after the first mate in Herman Melville’s Moby Dick and there logo was motivated by the sea- featuring a twin tailed siren taken from Greek mythology. Howard Schultz is the Starbucks president and chief executive officer and he joined the company in 1982 and then for a short time left the company to start his own coffeehouses in Italy but then later in August 1987 he bought Starbucks with the help of other investors.Now Starbucks has 17,651 (as of July1, 2012) total number of stores all over the world in places like Bahrain, Australia, Canada, Taiwan and Egypt and so on, plus they offer just more than whole bean and ground coffee, tea and spices, they now also offer handcrafted beverages such as hot and iced espresso, merchandises such as mugs, fresh food such as sand wiches and also offer ready to drink products such as bottled frapuccinos. Starbucks mission till date has been to inspire and nurture the human spirit – one person, one cup and one neighborhood at a time.One of the reasons why Starbucks remains popular for its coffee is that their coffee buyers individually travel to coffee farms in Latin America, Africa and Asia to select the best quality beans. In addition to that Starbucks is a responsible company which does not only consider profits but also looks factors such as principled sourcing which is helping farmers for a stable future and a stable climate for the world and another factor being environmentally friendly. Starbucks by 2015 will completely be environmentally friendly hence all its cups will be re-useable or recyclable.

Advantages and Disadvantages of Globalization on South Africa

Globalization is the â€Å"shrinking† of the world and the increased consciousness of the world as a whole. It is a term used to describe the changes in societies and the world economy that is a result of dramatically increased cross-border trade, investment, and cultural exchange. Globalization has been dominated by the nation-state, national economies, and national cultural identities. The new form of globalization is an interconnected world and global mass culture, often referred to as a â€Å"global village. â€Å"(Bhagwati,2004). Globalization is perhaps the central concept of our age (Bhagwati, 2004). Developing country refers to the countries which are economicaly and technologically undeveloped. South Africa stands as a semi-sephere nation making it differ from the rest of the developing world although it has party some charectateristics of a deceloping world. For South Africa to be the strongest African economy and attenting positions such as being a member of the g8 as been a clearl work of globalization making it at the center of the Africa. Globalization has managed to have an impact on the economy ,politics and social nature bringing about positive results for South Africa. In this essay;The situation during economicec sunctions and its leberisation is clear evidance to economic libirazation I am going to illustrate how this process has had a positive impact in South Africa as a whole. primarly focusing on the positive impact globalization has had on South Africas economy . Through the broad and economic lebarization with other counties. The phenomeanall of globalization states that The integration of South Africa into an increasingly integrated world economy has encouraged closer economic, political, and social interaction. In South Africa it has given companies access to wider markets and consumers access to a greater variety of goods and services. It has manifests itself in various forms such as an increase in international trade, financial flows, and foreign direct investment (Smith,2001). This has resulted in South African economy managing to emerge its market status. Its economy has been the centre of Africa and one of the strongest in the world and its economic realisation has been due to its effective and successfully eco integration with other parts of the world. The economic growth has been due to the global economy (Smith,2001). Politically, globalization has resulted in the affluent and efficient government system adapted through integration of political systems party which holds fair economies making the government of South Africa, accountable and durable to stable economies . For instance, ANC leaders chucked decades of rhetoric and opened the South African economy to the rest of the world (Smith,2001). From my own personal perspective and experience in a â€Å"global village†. Globalization has had positive impact in South Africa’s production of goods and services. For instance, the franchise of MacDonald’s has led to production aiming to maintain the global standard of the franchise producing standard global quality of production in South Africa (Ritzer,2000). Globalization has had a positive impact on the South African society . Myopic mindedness has been dealt away with and they have been set a more affluent and integration of ideas from different parts of the world which has helped the society in general. For instance the AIDS awareness has become a global theme and has encouraged South Africa to get more involved in its Aids awareness which has primarily not been as successful in the past and due to the integration this has been possible. Different cultural ideas and tradition have also been interlinked and have asses to explore the world they leave in improving knowledge (Ritzer,200) In conclusion to my argument, globalization has had a more positive impact on South Africa. They has been economic, political, technology and social integration (Bhagwati,2004) . They have been open trade improving the economy of the South Africa. Influence in the politics and technology helping develop new innovations helping the county. The global perspective of the society has since grown to be smaller, allowing different cultural integration and eliminating isolation and living the society prom to more knowledge.