Law Essay Example | Topics and Well Written Essays - 1000 words

Law - Essay Example The appellant slipped and fell on the cruise ship while walking through the Conservatory restaurant located in the ship. On falling on the restaurant’s floor, the appellant, Dawkins, sustained soft tissue injuries in her knee and wrist. She claimed that there was a small pool of fluid, which made the floor slippery making her slip. The appellant later took the matter to Southampton County Court claiming damages under Occupiers’ Liability Act 1957. Considering the ship’s location during the accident, the claim would be heard only under the Athens Convention on Carriage of Passengers and their Luggage by Sea 1974, which was part of Wales and England’s law already owing to the provisions of section 183 of the Merchant Shipping Act 1995. The lower court (which is the county court) handled the case as stipulated by the general legal process. The case followed the general legal process as the accident had happened within the county and the case therefore heard in a county court. Failure to make judgement led to a higher court (Royal Court) to resolve it as required by the legal process. The defendant on his part claimed that he had put in place reasonable measures to ensure that the accident did not take place because they failed to observe reasonable care. When the Recorder conducted an investigation regarding the claim by the appellant about the spillage of liquid on the floor, It was discovered that the defendant had put in place a system of frequent inspection of the floor in order to avoid causing injuries to the clients that would arise owing to wanting of care. It was the appellant’s responsibility to justify the lapse on the system of the inspection with the Conservatory restaurant, as this was the only reason to prove negligence on the part of the cruise ship. Relying on the provisions of the Ward v Tesco Ltd, the Recorder dismissed claims for damages by the plaintiff, Mrs. Janet Dawkins. In line with the case law, the mater was latter appealed to the Royal Courts of Justice before lord justice Moore-Brick and Lord Justice Aikens. The court of appeal judges tried to establish the burden of proof on the side of the appellant that damages the defendant’s act of negligence brought on suffering to the appellant. Banks state that using the test Ward v Tesco Ltd,3 they realized that the defendant could not establish the evidence that could prove the presence of necessary systems for ensuring the safety of the passengers. According to the court of appeal, judges’ failure to provide evidence by those responsible for overseeing implementation of the safety system of inspection and observation is a clear justification that no one could establish the time span of which the liq uid had been on the floor. In other words, the burden of proof lied with the defendant, P & O cruise ship, to prove that the gap between the liquid spilled on the floor, and the time the accident took place was too minimal to allow for quick safety measure response by the staff charged with responsibility of overseeing the safety system.4 As such, the Court of appeal judges overturns the ruling of the Recorder in Southampton County Court. Liability of Bresco The liability of Bresco, a local supermarket, arises under the Company’s Act 2006. 5 Bresco, being the occupier of the supermarket store, owes all the visitors entering the building a duty of care. This means that Bresco should eliminate any hazard or acts that may cause injury to any party entering the premises, within the premises or leaving the premises. Negligence on the part arises if it fails to do that. Breach to observe reasonable care can lead to

Management of Change Assignment Example | Topics and Well Written Essays - 4750 words

Management of Change - Assignment Example The organization ranked fifth in 2013 in the list of Forbes Global 2000. The organization is known as the biggest refineries in the world having 37 oil refineries distributed in 21 countries. It is biggest amongst the super major oil manufactures in the world with regular production of almost 3.921 million BOE. 1) Needs for Change The organization has weak employee management all over the world. It is one of the major concerning issues of the organization. The organization is facing various human rights and legal issues because of which its operations have slowed down to some extent. The oil spills and other environmental hazards have disrupted the efficient operations of the organization. There are cases of fraud and bribery in the global operations. The increasing government regulations are creating barriers in the business operations of the organization. This is an increasing threat of NGC. There exists high competition in the oil manufacturing industry. The organization has high threat from the big competitors in the industry. Among the big competitors of NGC are Royal Dutch Shell, BR, and Chevron. Hofstede Cultural Analysis It is a 5D model for exploring the culture of different nations. The cultural analysis of USA using this model has been given below: Power Distance: This dimension states that every individual in the society are not equal. It focuses on the inequalities among the individuals. The power distance can be defined as the extent till which less powerful individuals in a powerful country expect as well as accept that the power is always distributed unequally. United States scores low in this particular dimension. The country focuses on the equality of rights in every aspect of the American environment or society. In the organizations of this country, hierarchy is developed for the convenience. The superiors are always ready to help and the managers have high reliance on their teams and employees. The communication is participative, direct and very much informal. Individualism: This dimension mainly addresses to the issue about the extent of interdependence that the society maintains amongst all the members. An individualistic society is that society where individuals look after their direct family and themselves. On the other hand, a collectivist society is the one where the people belong to groups and take care of each other in exchange of the loyalty. United States possesses high individualistic culture. The individuals look after their direct families. The Americans are self reliant and do not depend on others for fulfilling their needs. Masculinity or Femininity: High score (Masculinity) is the dimension where the society is driven by success, competition, achievement and the success is defined by the winner or the individual best in any field. Low score (femininity) is the dimension where the society is very much caring for others as well as their quality of life. United States is considered to possess masculine dim ension. The Americans are success driven and they seek for achieving higher success. In the organizations, the Americans focus on attaining higher status or monetary rewards by making good