Leadership Essay -- Interpersonal Trustworthiness

The problem to be investigated is how the gap of trust between leaders and pursuit, weakens employees commitment, harms wealth creation, and produces augment transaction expenses in plaques all over the world (Caldwell, Hayes & Long, 2010). Scandals involving large corporations in recent years have led to calls for more attention existence given to ethical behavior in spite of appearance companies, particularly among company leaders. A research area of interest is how ethical behavior among leaders impacts the environment of an organization and the behavior of its staff, including employees organizational dedication (Organizational Behavior Application Guide, 2011). Trust between leaders and a follower is essential for a company to be supremacyful. If the followers dont feel as if they can trust the leaders then there will not be open lines of communication within the company and without those nothing can get accomplished. Leaders todays face the challenge of earning the tru st and commitment of staff members if they want to steer their companies to success in a highly aggressive international framework. Inter individualal trustworthiness is a personal evaluation of the probability that another person can be trusted to respect responsibilities intrinsic within an apparent social contract. The connection amid leader behavior and leader trustworthiness becomes a function of each persons theoretical thinking as followers infer the understood and explicit elements of the social contract and the values that social contracts include. More and more, scholars have accept the leaderfollower connection as a chain of psychological contracts that increase to the level of a covenantal association (Caldwell, Hayes & Long, 2010). Leaders e... ...ched and that no field of study what they do, right or wrong, someone constantly knows about it. Unethical behavior is something that is not easily overlooked or forgiven in the business arena and erst a breach has b een identified it takes a big toll on the company and reputation for a long time to come. Organizational behavior is always in the spotlight and should be carried out in the most ethical way possible. The opportunities and benefits that are lost in the end from leaders who are not ethical are tremendous to most companies. Many times the damage that is done is beyond repair and sometimes costs the company its existence in the end. It is very important that organizations make sure that they have good ethical policies in place to guide leaders in the decisions that they make since they not all affect them personally but affect the company as a whole.

Computer Aided Learning: The way of the Future? :: Essays Papers

calculating machine Aided Learning The way of the Future?As you look around at classrooms these days you may notice a trend. Computers are becoming more than and more frequent each year. Teachers are using the latest technology to run power point presentations, streaming videos, and simulations that were neer possible before. It ha becomes the new hallmark of teaching, allowing teachers to do more then ever thought possible. Companies have jumped on the bandwagon, selling aid to teachers and students. You can barter for software for just about anything now a days. I know I had software for the SAT and ACT test that help considerably. But when do we have too much of a good thing?This is the debate that companies are going through, as well. Companies now have the choice of using dominion human training or Computer-based training (CBT). Both have their advantages.Computer-based Training uses computer programs to teach without aid of a human instructor. Thus, you can get more people efficiently trained when they join the company, rather then waiting for the next training session. The premise of CBT, as stated by R. Scott Lawson in Computer based training is the next wave?, is an effective training medium. He goes on to saySince the trainee directs his/her own progress through the material and actively participates by responding to prompts and questions, s/he pays greater attention to the subject matter. (Lawson sec.1 par.3)Also in this article Mr. Lawson describes the process of a CBT. The CBT gives a Pre-test. This test judge how much the trainee already knows on the subject matter. This pre-test helps the program customize itself for the trainee. Also test are taken to periodically to test the progress of the trainee. Another advantage of CBT is the bookmark feature. This allows you to head and start the training at any time and get back to it later. Also you can customize your CBT program with company specific information, videos, and objectives. (Lawson s ec. 2)The hopes of CBT are that the trainees defy the knowledge better then if taught by a human. In the article Computer training vs. human instruction, by Holly Ann Suzik, Roger C. Schank was quoted as saying, By and large, human teachers stand up in front of you and yak at you. And every body falls asleep. The sense that live humans are better teachers is a nice myth, because we tiret want to change.

Jacqueline Bouvier Kennedy Onassis Essay -- Biography Biographies Bio

Jacqueline Bouvier Kennedy OnassisJacqueline downwind Bouvier was born on July 28th, 1929 in East Hampton, Long Island. Jacquelines mother was Janet leeward Bouvier, a highly ambitious horseback rider. Jacqueline was nicknamed "Jackie" after her father, Jack Bouvier. Young Jackies parents were a very vigorous off coupled. Her father had an estimated fortune of 7 million dollars and Janet came from a wealthy family also, her father had been chairman of the board of Chase National Bank.Asides for the Bouviers wealth, the other thing they were most noted for was their beauty, Jack in particular. His slender nose, wide set blue eyes, shiny black hair and muscular build earned him the description as "drippingly handsome". Jacks in the altogether edge instincts, swarthiness, and love for beautiful young women earned him the nick name " Black Jack". Janet, who was sixteen years younger than Jack was not as beautiful as he was handsome. Janet did not possess a sho wgirl prettiness but she was said to have possessed an interesting look. She was petite and had a somewhat animated look to her. Her nose and chin were long and pointed. When Jackie was born it was happily noted that Jackie looked like Jack Bouvier. (Birmingham)Though Janet Lees family was well off, they were not members of the esteemed highest social caste as were the Bouviers. Janet lived her life with a constant sense of unease because of this difference in lineage.(Birmingham)Because Black Jack was cognize for having erratic financial history, James Lee, Janets father, offered to allow Janet and Jack to live rent free in a building he owned. This offer came to a lower place one condition. Jack would have to cut back on his flamboyant lifestyle. (Heymann)On March 3rd 1933, the Bouvier family was completed by the birth of Jackies sister, Lee. When Lee was born, Jackie was no longer the baby of the family.She spent most of her time tending and riding her horse. Jackie also excell ed in school. She was so intelligent that she found all her unproblematic grade work as boring. Janet had once stated that, "Jackies intellectual ambition ran ahead of her chronological age." (Heymann)Soon problems began occurring between Black Jack and Janet. Jackie has neer spoken about her parents marriage issues but they are thought to have arisen because of money. At the time Black Jack was und... ...e style. The low pen lifestyle was very hard to obtain. The press was constantly inquiring if Jackie had any new love interests.Then on October 20th 1968, Jackie married Aristotle Onassis on the Greek island Scorpios. Aristotle was not only her sisters ex boyfriend, but he was also the richest man in the world. Their race was short lived. The couple had different tastes and their relationship had been condemned from the beginning.In march 1975, Aristotle was planning on divorcing Jackie, before he could do so he died. After his death, Jackie became very wealthy. She n eeded something to occupy herself with so she became an editor with Viking Press. Two years later she moved over to Doubleday Press.In December on 1993, Jackie was diagnosed with non-Hodgkins lymphoma. She was treated for the disease with chemotherapy until May of 1994. In may she declared that she cute to return to her home to die. On May 19, 1994, at 1015 a.m., Jacqueline Kennedy Onassis died surrounded by her friends and family. Her funeral took place at St. Ignatious Loyola church, the same church where she was baptized. She was later inhumed in Arlington cemetery next to John Kennedy.

Dom Casmurro by Joaquim Maria Machado de Assis, and Chronicle of A Deat

Dom Casmurro by Joaquim Maria Machado de Assis, and Chronicle of A last Foretold by Gabriel Garca MrquezWorks Cited Not IncludedReligion is supremacy, perfection and spirituality. A typical LatinAmerican religious community heavily relies on religious belief to provide amoral framework to guide and protect its citizens. However, projectingreligion in the light of perfection is superficial. In actuality, itoften contains flaws underneath its towering teachings. Theinadequacy in maintaining the idealistic doctrines is deeply rooted insociety. Such notion is reflected and commented upon in the novels DomCasmurro by Joaquim Maria Machado de Assis and Chronicle of A DeathForetold by Gabriel Garcia Marquez. In both novels, the authorseffectively criticize religion through their satiric portrayal ofreligious politics and other characters attitudes towardsreligion.The two novels reveal the pragmatic result of religion in a criticallight. The ideal doctrine of religion adjusts itself to the imperfectworld in ways that some times do not command respect. The actualpractice of the doctrine allows flexibility, which is often abused. InDom Casmurro, Bento and Jose Dias imagine that a journey to see thePope will undo Dona Glorias bid to God. Eventually they settlethe matter much more conveniently by resorting to the local church. Asshown in Escobars speech, the characters are constantly manipulatingwith the power of the religious authorities Consult the protonotaryabout it and if he hesitates, well speak to the bishop (171). Thisimplies that the people often seek and take advantages of the plotholes in religion.The concept of religion as an obligation becomes apparent through... ...o to mirror the Churchs failure to deal high moral standards and use their authority effectively andseriously.Through the subtle and detailed portrayals of the characters in thenovels Chronicle of A Death Foretold and Dom Casmurro shed acriticizing light on the hypocritical Church present i n the community.Bentos repulsion to be religiously devoted bluntly reveals theblemishes in the functional result of religion hidden underneathseemingly deep devotion. The tragedy of Santiago Nasar explores theother defects of religion, one that is present in the Church itself,and how failure to uphold moral standards in Church upsets thecommunity. Of course the authors do not write solely to condemnreligion, they also bring forth the concept that people moldiness adjusttheir attitudes toward religion and then irrational, old values set bythe past Church.

Tess of the D’Urbervilles by Thomas Hardy :: Thomas Hardy Tess Urbervilles Essays

One of Thomas Hardys greatest works Tess of the DUrbervilles wasfirst published in 1891, a novel set in the fictional county of Wessex,Britain. By the time of its appearance, Hardy was considered to be onof Englands star(p) writers and had already published several wellknown novels including Far from the Madding Crowd and TheWoodlanders as well as numerous other short stories.However in spite of his reputation and fame, Hardy had immensedifficulty finding a publication prepared to publish Tess when heoffered it for serialization to London reviewers. The subject matterand content was considered to be- in the eyes of Victorian society,unfit for publications in which young people may read. A storylinedepicting a young young woman seduced and raped by a man, then married andrejected by another and then eventually murders the first man wasconsidered to be exceptionally ignominious and inappropriate. Finallyin order to pacify potential publishers, Hardy took the book apart andrewrote a nd edited several of the scenes before any of the weeklyjournals would take it as a serial. When the time came to publish thenovel in book form, Hardy reassembled it was it was originally pen.The novels subtitle- A Pure Woman came also under(a) a great deal ofattack. Victorian critics argued that Tess could not possibly betermed of as pure after a downfall such as hers and should ratherbe labeled as a Fallen woman. Hardys frank (at least for the time)depictions of sex, his criticism and questioning of religion and hisdoubt within the account were too denounced to such an extent thatthough the story did in the end bring him immense fame and fortune,its reception at the start caused Hardy to lose sanction and thenovel was one of his last.In Tess of the DUrbervilles, Hardy uses a variety of narrativetechniques in order to convey his own impressions of the society inwhich both he and his character Tess lived. The narrative technique ofan author in any novel is crucial to the readers understanding of thenarrative. The way in which a novel is written influences the way inwhich the reader interprets the events which occur throughout thenovel and allows the author to convey the feeling of time, place, andpeople in the society in which the author is attempting to progress tohis or her readers. Hardys use of a third person omniscient bank clerkwho knows all and sees all allows the readers indirect insight intothe actions and emotions of specific characters. The omniscience ofthe narrator allows the reader to not be influenced by the character

Tess of the D’Urbervilles by Thomas Hardy :: Thomas Hardy Tess Urbervilles Essays

One of Thomas robusts peachyest works Tess of the DUrbervilles wasfirst create in 1891, a novel set in the fictional county of Wessex,Britain. By the conviction of its appearance, Hardy was considered to be onof Englands leading writers and had already make several wellknown novels including Far from the Madding Crowd and TheWoodlanders as well as numerous other short stories.However in spite of his composition and fame, Hardy had immensedifficulty finding a publication prepared to publish Tess when heoffered it for serialization to London reviewers. The subject matterand content was considered to be- in the eyes of Victorian society,unfit for publications in which young people may read. A storylinedepicting a young girl seduced and raped by a man, then married andrejected by another and then eventually murders the first man wasconsidered to be exceptionally scandalous and inappropriate. Finallyin order to pacify potential publishers, Hardy took the book apart andrewrote and ed ited several of the scenes before any of the weeklyjournals would take it as a serial. When the time came to publish thenovel in book form, Hardy reassembled it was it was originallywritten.The novels subtitle- A Pure Woman came also under a great deal ofattack. Victorian critics argued that Tess could not possibly betermed of as pure after a downfall much(prenominal) as hers and should insteadbe denominate as a Fallen woman. Hardys frank (at least for the time)depictions of sex, his criticism and questioning of religion and hisdoubt within the narrative were too denounced to such an extent thatthough the story did in the end bring him immense fame and fortune,its reception at the start caused Hardy to lose confidence and thenovel was virtuoso of his last.In Tess of the DUrbervilles, Hardy uses a variety of narrativetechniques in order to convey his own impressions of the society inwhich both he and his grapheme Tess lived. The narrative technique ofan author in any novel is cruc ial to the readers understanding of thenarrative. The way in which a novel is written influences the way inwhich the reader interprets the events which occur throughout thenovel and allows the author to convey the feeling of time, place, andpeople in the society in which the author is attempting to impart tohis or her readers. Hardys use of a third person omniscient narratorwho knows all and sees all allows the readers indirect insight intothe actions and emotions of specific characters. The omniscience ofthe narrator allows the reader to not be influenced by the character

Ferguson Foundry Limited

- Case Ferguson Foundry Limited (FFL) EXECUTIVE succinct Date March 10 2013 To Mark Ferguson, President From Carl Holitzner Re FFLs Lower-Than-Budgeted Profit for the Fiscal Year Ended whitethorn 31 2010 The major phone number is determining why Ferguson Foundry Limiteds (FFL) actual advance was $367,600 lower than budgeted, despite change 2,000 more wood stoves (12,000 instead of 10,000 units). This will be explained using Variance Analysis to demonstrate the underlying rationalnesss why the order failed to meet its presidents expectations.FFL profit for 2010 was below budget due to umteen factors two production and trade related. From a production perspective, there were 3 major areas of concern all of which were critical with respect to Variance Analysis (As shown in Exhibit 3) 1. beam proletariat 2. Variable viewgraph 3. Fixed price The $139,200 unfavorable mold Labor Variance can be attributed to many reasons withal it is most likely linked to the management tea m. Due to the early hideaway of the gross revenue manager, the production manager being hospitalized and the accountant quitting, it can be dumb that inefficiencies were bound to arise.Without proper management, labor reduced overall productivity of the company, as these workers took 121,200 hours to produce 12,00 stoves rather than the standard 120,000 hours that it should have taken. This reduced Net Income by $18,000 (Labor turn over Variance calculation). Secondly, the problem arising from reckon Labor also transcends to the Variable operating cost, as it is theatrical roled as its cost driver. As a result, the $69,600 unfavorable Variable Overhead Variance can also be attributed to the more hours undertaken to produce the 12,000 stoves.With the want of an inefficient management team, overhead could have accumulated through inefficient use and/or the budget could have not even accurately portrayed current rates for overhead items. The third problem with regards to the pr oduction perspective concerns the ontogenesis in dictated costs. In extra, the fixed manufacturing cost increase by $30,000 over budgeted costs, which in turn resulted in a reduction of net income by the same amount. This could have resulted due to several reasons such as spare machinery being required to handle the increased sales volume.However at this point it is unclear given the information provided and so further investigation moldiness be conducted in an effort to better budget for future fixed costs. From a merchandise perspective, there were also 3 major areas of concern all of which were unfavorable with respect to Variance Analysis 1. wrong 2. Fixed woo 3. gross revenue unite In analyzing the price changes, although it was beneficial to increase the sell price of the base woods scope ($300 to $325), this income benefit was significantly outweighed by the reduction in sell price of the marvellous timberland range of a function ($800 to $700).In the end, the price changes of both products resulted in a $300,000 reduction in profit (Sales footing Variance). Another reason for FFLs lower than budgeted profit, although obvious and minor, had to do with the increase in selling and administration cost. As can be seen in Exhibit 3 by the Fixed merchandising & Administration Budget Variance, an increase in the fixed costs reduced net profit by $7,000. The third problem area, concerning the marketing perspective, involved the going in sales mix from actual to budget.FFL real sold more elemental Wood Stoves and fewer august Wood Stoves than budgeted. Unfortunately, the meretricious Wood Stove possessed a higher standard parcel margin per unit than the primary ($210 to $80). Therefore the difference in the mix of sales caused FFLs net profit to be reduced by $234,000 (Sales miscellanea Variance). Ultimately, more market research must be conducted to better understand consumer wants and of necessity and thus be able to efficiently budget company products then to reach profitability goals. accessory EXHIBIT 1 BASIC (Actual) BASIC (Std. gilded (Actual) DELUXE (Std. ) shareing Price $325 $300 $700 $800 Variable be Direct Materials $67. 50 $70. 00 $171. 00 $190. 00 Direct Labor $104. 00 $90. 00 $248. 00 $240. 00 Overhead $52. 00 $45. 00 $124. 00 $120. 00 Sell & Admin $15. 00 $15. 00 $40. 00 $40. 00 Total Variable be $238. 50 $220. 00 $583. 00 $590. 00 Contribution Margin $86. 50 $80. 00 $117. 00 $210. 00 CONTRIBUTION MARGINS TABLE illustration of just about calculations involved *Using the Actual Results Table Provided in Exhibit AActual unit of measurement Selling (Basic) = Sales Revenue ? Sales Volume (units) = $2,340,000 / 7,200 units = $325 unit of measurement Direct Materials (Basic) = Direct Materials Cost ? Sales Volume (units) = $486,000 / 7,200 units = $67. 50 *Using the Unit Cost Standards Table Provided in Exhibit B Std. Unit Direct Labor (Basic) = DL Std. Qty. Per Unit x DL Std. Rate Per Hr. = 6 h rs. x $15. 00 per hr. = $90 APPENDIX EXHIBIT 2 For the Year Ended May 31 2010 ACTUAL FLEX-BUDGET divergency FLEX BUDGET sales-VOLUME VARIANCE STATIC BUDGET derive VARIANCE Quantity (units) 12,000 12,000 10,000 Sales Revenue $5,700,000 ($300,000) $6,000,000 $250,000 $5,750,000 ($50,000) Variable Costs $4,515,600 ($99,600) $4,416,000 ($181,000) $4,235,000 ($280,600) CM $1,184,400 ($399,600) $1,584,000 $69,000 $1,515,000 ($330,600) Fixed Costs $919,500 ($37,000) $882,500 $882,500 ($37,000) Net Income $264,900 ($436,600) $701,500 $69,000 $632,500 ($367,600) FLEXIBLE BUDGET REPORT GIVEN cypher FILL IN THE BLANK VARIANCES ($) = UNFAVORABLE & $ = FAVORABLE Illustration of some calculations involved for pervert Budget move around Sales Revenue = Std.Sell Price Per Unit x Actual Sales volume (units) Basic Wood Stove = $300 x 7,200 units = $2,160,000 Deluxe Wood Stove = $800 x 4,800 units = $3,840,000 Total Flex Sales Revenue = $6,000,000 Flex Variable Costs = Std. Variable Price Pe r Unit x Actual Sales Volume (units) Basic Wood Stove = $220 x 7,200 = $1,548,000 Deluxe Wood Stove = $590 x 4,800 = $2,832,000 Total Flex Variable Costs = $4,416,000 Flex Fixed Costs = Static Fixed Costs APPENDIX EXHIBIT 3 FLEX BUDGET VARIANCE SALES VOLUME VARIANCE SALES VARIANCES Sales Price $300,000 U - Sales mixed bag - $234,000 USales Quantity - $303,000 F Sales Volume - $69,000 F follow SALES VARIANCE $300,000 U $69,000 F VARIABLE COST VARIANCES Direct Materials $109,000 F - Direct Labor $139,200 U - Overhead $69,600 U - Selling & Admin $0 - TOTAL VARIABLE COST VARIANCE $399,600 U - TOTAL CM VARIANCE $399,600 U - FIXED COST VARIANCES Mfg. Budget $30,000 U - Sell & Admin Budget $7,000 U - TOTAL FIXED COST VARIANCE $37,000 U - TOTAL VARIANCE $436,600 U $69,000 F VARIANCES TABLE U = negativeF = social APPENDIX Illustration of some calculations involved in creating Exhibit 3 SALES VARIANCE Section Sales Price Variance = Actual Unit s sold x (Actual Sell Price Budgeted) Basic Wood Stove = 7,200 x ($325-$300) = $180,000 F Deluxe Wood Stove = 4,800 x ($700-$800) = $480,000 U Total Sales Price Variance = $300,000 U Sales alloy Variance = (Actual Sales Mix % Budgeted) x Actual total units sold x Budgeted CM per unit Basic Wood Stove = (7,200/12,000)-(4,500/10,000) x 12,000 x $80 = $144,000 F Deluxe Wood Stove = (4,800/12,000)-(5,500/10,000) x 12,000 x $210 = $378,000 UTotal Sales Mix Variance = $234,000 U Sales Quantity Variance = (Actual total units sold Budgeted) x Budgeted Sales Mix % x Budgeted CM per unit Basic Wood Stove = (12,000-10,000) x (4,500/10,000) x $80 = $72,000 F Deluxe Wood Stove = (12,000=10,000) x (5,500/10,000) x $210 = $231,000 F Total Sales Quantity Variance = $303,000 F Sales Volume Variance = (Actual Sales Volume Budgeted) x Budgeted Cm per unit Basic Wood Stove = (7,200-4,500) x $80 = $216,000 F Deluxe Wood Stove = (4,800-5,500) x $210 = $147,000 U Total Sales Volume Variance = $69,000 FFerguson Foundry Limited- Case Ferguson Foundry Limited (FFL) EXECUTIVE SUMMARY Date March 10 2013 To Mark Ferguson, President From Carl Holitzner Re FFLs Lower-Than-Budgeted Profit for the Fiscal Year Ended May 31 2010 The major issue is determining why Ferguson Foundry Limiteds (FFL) actual profit was $367,600 lower than budgeted, despite selling 2,000 more wood stoves (12,000 instead of 10,000 units). This will be explained using Variance Analysis to demonstrate the underlying reasons why the company failed to meet its presidents expectations.FFL profit for 2010 was below budget due to many factors both production and marketing related. From a production perspective, there were 3 major areas of concern all of which were unfavorable with respect to Variance Analysis (As shown in Exhibit 3) 1. Direct Labor 2. Variable Overhead 3. Fixed Cost The $139,200 unfavorable Direct Labor Variance can be attributed to many reasons however it is most likely linked to the management team. Due to the early retirement of the sales manager, the production manager being hospitalized and the accountant quitting, it can be understood that inefficiencies were bound to arise.Without proper management, labor reduced overall productivity of the company, as these workers took 121,200 hours to produce 12,00 stoves rather than the standard 120,000 hours that it should have taken. This reduced Net Income by $18,000 (Labor Yield Variance calculation). Secondly, the problem arising from Direct Labor also transcends to the Variable Overhead, as it is used as its cost driver. As a result, the $69,600 unfavorable Variable Overhead Variance can also be attributed to the more hours undertaken to produce the 12,000 stoves.With the lack of an inefficient management team, overhead could have accumulated through inefficient use and/or the budget could have not even accurately portrayed current rates for overhead items. The third problem with regards to the production perspective concerns the in crease in fixed costs. In particular, the fixed manufacturing cost increased by $30,000 over budgeted costs, which in turn resulted in a reduction of net income by the same amount. This could have resulted due to several reasons such as additional machinery being required to handle the increased sales volume.However at this point it is unclear given the information provided and so further investigation must be conducted in an effort to better budget for future fixed costs. From a marketing perspective, there were also 3 major areas of concern all of which were unfavorable with respect to Variance Analysis 1. Price 2. Fixed Cost 3. Sales Mix In analyzing the price changes, although it was beneficial to increase the sell price of the Basic Wood Stove ($300 to $325), this income benefit was significantly outweighed by the reduction in sell price of the Deluxe Wood Stove ($800 to $700).In the end, the price changes of both products resulted in a $300,000 reduction in profit (Sales Price Variance). Another reason for FFLs lower than budgeted profit, although obvious and minor, had to do with the increase in selling and administration cost. As can be seen in Exhibit 3 by the Fixed Selling & Administration Budget Variance, an increase in the fixed costs reduced net profit by $7,000. The third problem area, concerning the marketing perspective, involved the difference in sales mix from actual to budget.FFL actually sold more Basic Wood Stoves and fewer Deluxe Wood Stoves than budgeted. Unfortunately, the Deluxe Wood Stove possessed a higher standard contribution margin per unit than the Basic ($210 to $80). Therefore the difference in the mix of sales caused FFLs net profit to be reduced by $234,000 (Sales Mix Variance). Ultimately, more market research must be conducted to better understand consumer wants and needs and thus be able to efficiently budget company products accordingly to reach profitability goals. APPENDIX EXHIBIT 1 BASIC (Actual) BASIC (Std. DELUXE ( Actual) DELUXE (Std. ) Selling Price $325 $300 $700 $800 Variable Costs Direct Materials $67. 50 $70. 00 $171. 00 $190. 00 Direct Labor $104. 00 $90. 00 $248. 00 $240. 00 Overhead $52. 00 $45. 00 $124. 00 $120. 00 Sell & Admin $15. 00 $15. 00 $40. 00 $40. 00 Total Variable Costs $238. 50 $220. 00 $583. 00 $590. 00 Contribution Margin $86. 50 $80. 00 $117. 00 $210. 00 CONTRIBUTION MARGINS TABLE Illustration of some calculations involved *Using the Actual Results Table Provided in Exhibit AActual Unit Selling (Basic) = Sales Revenue ? Sales Volume (units) = $2,340,000 / 7,200 units = $325 Unit Direct Materials (Basic) = Direct Materials Cost ? Sales Volume (units) = $486,000 / 7,200 units = $67. 50 *Using the Unit Cost Standards Table Provided in Exhibit B Std. Unit Direct Labor (Basic) = DL Std. Qty. Per Unit x DL Std. Rate Per Hr. = 6 hrs. x $15. 00 per hr. = $90 APPENDIX EXHIBIT 2 For the Year Ended May 31 2010 ACTUAL FLEX-BUDGET VARIANCE FLEX BUDGET SALES-VOLUME VARIANCE STATIC B UDGET TOTAL VARIANCE Quantity (units) 12,000 12,000 10,000 Sales Revenue $5,700,000 ($300,000) $6,000,000 $250,000 $5,750,000 ($50,000) Variable Costs $4,515,600 ($99,600) $4,416,000 ($181,000) $4,235,000 ($280,600) CM $1,184,400 ($399,600) $1,584,000 $69,000 $1,515,000 ($330,600) Fixed Costs $919,500 ($37,000) $882,500 $882,500 ($37,000) Net Income $264,900 ($436,600) $701,500 $69,000 $632,500 ($367,600) FLEXIBLE BUDGET REPORT GIVEN CALCULATED FILL IN THE BLANK VARIANCES ($) = UNFAVORABLE & $ = FAVORABLE Illustration of some calculations involved for Flex Budget Flex Sales Revenue = Std.Sell Price Per Unit x Actual Sales volume (units) Basic Wood Stove = $300 x 7,200 units = $2,160,000 Deluxe Wood Stove = $800 x 4,800 units = $3,840,000 Total Flex Sales Revenue = $6,000,000 Flex Variable Costs = Std. Variable Price Per Unit x Actual Sales Volume (units) Basic Wood Stove = $220 x 7,200 = $1,548,000 Deluxe Wood Stove = $590 x 4,800 = $2,832,000 Total Flex Variable Costs = $4,416,0 00 Flex Fixed Costs = Static Fixed Costs APPENDIX EXHIBIT 3 FLEX BUDGET VARIANCE SALES VOLUME VARIANCE SALES VARIANCES Sales Price $300,000 U - Sales Mix - $234,000 USales Quantity - $303,000 F Sales Volume - $69,000 F TOTAL SALES VARIANCE $300,000 U $69,000 F VARIABLE COST VARIANCES Direct Materials $109,000 F - Direct Labor $139,200 U - Overhead $69,600 U - Selling & Admin $0 - TOTAL VARIABLE COST VARIANCE $399,600 U - TOTAL CM VARIANCE $399,600 U - FIXED COST VARIANCES Mfg. Budget $30,000 U - Sell & Admin Budget $7,000 U - TOTAL FIXED COST VARIANCE $37,000 U - TOTAL VARIANCE $436,600 U $69,000 F VARIANCES TABLE U = UnfavorableF = affectionate APPENDIX Illustration of some calculations involved in creating Exhibit 3 SALES VARIANCE Section Sales Price Variance = Actual Units sold x (Actual Sell Price Budgeted) Basic Wood Stove = 7,200 x ($325-$300) = $180,000 F Deluxe Wood Stove = 4,800 x ($700-$800) = $480,000 U Total Sales Price Var iance = $300,000 U Sales Mix Variance = (Actual Sales Mix % Budgeted) x Actual total units sold x Budgeted CM per unit Basic Wood Stove = (7,200/12,000)-(4,500/10,000) x 12,000 x $80 = $144,000 F Deluxe Wood Stove = (4,800/12,000)-(5,500/10,000) x 12,000 x $210 = $378,000 UTotal Sales Mix Variance = $234,000 U Sales Quantity Variance = (Actual total units sold Budgeted) x Budgeted Sales Mix % x Budgeted CM per unit Basic Wood Stove = (12,000-10,000) x (4,500/10,000) x $80 = $72,000 F Deluxe Wood Stove = (12,000=10,000) x (5,500/10,000) x $210 = $231,000 F Total Sales Quantity Variance = $303,000 F Sales Volume Variance = (Actual Sales Volume Budgeted) x Budgeted Cm per unit Basic Wood Stove = (7,200-4,500) x $80 = $216,000 F Deluxe Wood Stove = (4,800-5,500) x $210 = $147,000 U Total Sales Volume Variance = $69,000 FFerguson Foundry LimitedCASE ANALYSIS FERGUSON FOUNDRY LIMITED (FFL) EXECUTIVE SUMMARY Introduction After reviewing the financial statements for the fiscal year ended May 31, 2010, Mark Ferguson, President of Ferguson Foundry Limiteds (FFL), was disappointed with the results. Operating Income was $367,600 below expectation, despite having sold 2,000 wood stove units greater than budgeted. To determine which areas FFLs actual performance was better or worse than expected, a dissonance analysis will be conducted.However, it is important to note that variance analysis only when can only emphasize areas that need improvement, and not determine the reason for these discrepancies. A further investigation is warranted once determining the issues outlined through variance analysis. Analysis Qualitative and Quantitative There are many areas within FFLs production which have been proven to be adverse, and where immediate improvement is necessary. Of particular concern is the variable overhead, where an unfavorable variance of $180,600 was discovered (Appendix F).Within this variance, the variable overhead costs, both manufacturing and non-manufacturin g of the Deluxe model are what seem to be causing inefficiencies. The Deluxe model accounts for $157,200 of the $180,600U mentioned above. Other Key Areas of Concern Outlined Through Variance Analysis * Appendix I Although the selling price of the basic model increased by $25, a $100 reduction in the selling price of the Deluxe model counterbalanced this increase, and negatively affected income. Appendix E The difference between the budgeted and actual sales mix had an adverse effect on revenues. The Deluxe model had a greater CM/unit of 210, and was budgeted at 55% of the sales mix, however, it only ended up accounting for 40% of the actual sales mix. * Appendix H The market share of FFL resulted in being little than expected (10% to 9%), in a market which was larger than expected/budgeted (133,333 to 100,000 units). Recommendation and Implementation We recommend a proper rectification of the issues with regards to FFLs unfavourable variances.Firstly, is it of utmost importance to have all the necessary components of management (i. e. supervisors, directors, and managers) on the job and ready to manage. Once FFL has the personnel to solve these significant issues, the following must be corrected, in order Direct labor inefficiencies and high overhead costs, most importantly. Then, they can fine tune and solve higher than usual selling and administrative expenses and high fixed overhead costs. Further instructions with regards to solving these issues are outlined in Appendix K.However, if FFL is not capable of reorganising the company by itself, external help is necessary to implement specific changes that will improve FFLs bottom line. REFERENCES Bhimani, Alnoor et al. Management and Cost Accounting. Pearson Education Limited, 2012. Print. APPENDIX A look at MATERIAL VARIANCES notation F = Favorable and U = Unfavorable APPENDIX B DIRECT MATERIAL VARIANCES CONTINUED *540,000 + 912,000 = 1,452,000 *315,000 + 1,045,000 = 1,360,000 Note F = Favorable and U = U nfavorable APPENDIX C DIRECT LABOR VARIANCESNote F = Favorable and U = Unfavorable APPENDIX D DIRECT LABOR VARIANCES CONTINUED Note F = Favorable and U = Unfavorable APPENDIX E SALES VARIANCES 7200/12000 = 0. 6 4500/10000 = 0. 45 Note F = Favorable and U = Unfavorable APPENDIX F VARIABLE OVERHEAD VARIANCE *Variable Selling & Administrative Expenses are labeled as Non-Manufacturing in this table. Total Variable Overhead for Basic and Deluxe = 27,000U + 18,000F = 9,000U Note F = Favorable and U = Unfavorable APPENDIX G FIXED OVERHEAD VARIANCE *750,000 ? 115,000 = 6. 217 Note F = Favorable and U = Unfavorable APPENDIX H MARKET VARIANCES Note F = Favorable and U = Unfavorable APPENDIX I VARIANCE OVERVIEW Note F = Favorable and U = Unfavorable Note F = Favorable and U = Unfavorable APPENDIX J ANALYSIS OF THE UNFAVORABLE VARIANCES Note F = Favorable and U = Unfavorable Note $421,300 represents the sum of all unfavorable variances that have brought down the companys annual earnings. Note F = Favorable and U = Unfavorable APPENDIX K RECOMMENDATIONS REDUCING THE TOTAL UNFAVOURABLE VARIANCE

Cause Marketing Essay

As the world progresses towards globalization and markets integrate to enhance global trading, there is a constant increase in the competition among businesses. trade is tool that is used by every business in order to create a name for it and promote its brand among the consumers. The non-profit goals to promote the well universe of the association and its people are often foregone by businesses during their quest for a bigger market share. This paper would be focusing upon cook merchandising.This marketing essay would be analyzing two businesses that implement bring in marketing. Moreover, it would elaborate the benefits that this scheme provides to a for profit business and a non-profit brass section. Discussion Cause marketing is basically the mutual effort of two types of organizations with two contradicting objectives. Cause marketing combines the motives of the non profit organizations with the resources of a business. The motive is generally a social or charitable cause that requires large scale marketing.Cause marketing is a distinction from the normal profit oriented market and it is a positive steps towards dallying for a good cause, benefiting the society and at the same time benefiting the organization. One of the oldest examples of cause marketing would be the relationship that the Boston Red Sox baseball team and the pry fund share. Jimmy fund is a liberality that supports cancer care and research at the Dana-Farber cancer institute. The jimmy fund and the Red sox have been collaborating for charity events since almost 6 decades and have worked on numerous projects.The jimmy fund/red sox license plates help to raise funds to fight cancer. The money pull in from the deal of these license plates adds the amount to charity. This collaboration is one of the most successful and long lasting examples of cause marketing. The jimmy fund has been gathering charity to work on cancer patients with the help of the promotion made through the Red so x team. Conversely, the team has gained a encouraging and heartfelt support from the people and have managed to harbour their self image in a more compassionate and empathetic fashion.Another company that can be taken as an example for cause marketing can be fisher-price. Fisher-price is a company that produces toys for children and infants. It is a well-known and attractive retailer of children toys, baby gear and parenting guides and aims on projecting a pally and kindhearted image. Since children have an affinity for animals and are naturally fascinated by them, fisher-price has seized this opportunity to collaborate with an organization that protects the wild life and wild places through conducting educational programs and conservation across the globe, the wild life conservation society.Fisher-price carries out this partnership by creating a new line of precious planet toys and baby gear. The sale of these items would set aside amount for donation to sustain the wildlife cons ervation society. With the help of the financial resources from fisher-price, the wildlife conservation society gains the benefit of having an increased capacity to promote their organization and also, to create greater awareness with the support of fisher-price customer-base. On the other hand, fisher-price gains a positive public image and relations.It would provide the company to improve its customer relations and also help it gain perspective on other marketing prospects. Conclusion Cause marketing is a friendly collaboration of the wellbeing of the society and the achievement of business goals. Non-profit organizations often face the problem of creating awareness and promoting their cause but with the help of large scale well established businesses a larger number of people can be reached. Works Cited Adkins, S. Cause related marketing. Butterworth-Heinemann, 1999. Daw , J. Cause marketing for Nonprofits. Wiley-interscience, 2006.

The Geert Hofstede Cultural Dimension Business Essay Essay

This chapter is divided into two sections. The first section defines finis, its importance in inter common landwealthal job and the various ethnic dimensions for flexing globally. The next section describes the last of India and U.K. and reviews the squeeze of culture on the working of Hilton Hotel Group in some(prenominal) the countries. Finally, it ends with a brief summary.CULTUREHofstede (2003) defines culture as the collective programming of point that distinguishes the members of one human assembly from a nonher(prenominal). It is evident that mass from diverse purlieu can mis show each opposite. When two people interact in an organization, culture characterizes their behavior and attitude towards other(a)s. When a comp either plans to start a concern in abroad, employees with sizeable communication skills and with the ability to adapt into new surroundings argon chosen to travel and interact with people of various cultures and bailiwickities. (Mead, 1992) Th is table shows the voice of worlds population according to Region, Language and Religion which are the major aspects of determining ones culture.Taylor (1870) defines culture as that abstr commit whole which includes knowledge, belief, art, morals, law, customs, and other capabilities acquired by man as a member of society. Culture plays a very authoritative role in stage business. All civilizations have its own heathen elements alike(p) row, religion, values, attitude, customs, raising, aesthetics and social institutions. (Czinkota, 2007) Culture passes from one generation to the other, however it can vary from one group to the other. Every society has its own forecast of view and opinion abtaboo various situations however, it acts as a barrier to communication. (Daniels, Lee and Sullivan, 2004)CULTURAL DIMENSIONSGeert Hofstede, a much cognise professor carried out the playing area of impact of culture on individuals at a workplace. It took him six years to complete this ponder as it consists of interviews of to a greater extent than 100,000 employees from 70 countries. harmonize to Hofstede 2004, the UK has 35 points in personnel length, 89 in individualism, 66in masculinity, 35 in precariousness avoidance and 25 in unyielding term orientation. Power Distance According to Hofstede, 2004, Inequality exists in every culture however the extent to which lesspowerful members of the society agree to the inequality differs from one culture to the other. Power distance is related to the antithetic solutions to the basic problem of human inequality High power creates less communication amongst the bosses and employees whereas when the power is low, employees communicate more with their superiors for the decision qualification purposes. Individualism vs. collectivism- Individualism is defines as the capability of a human being to only restitution care of himself or his family where as collectivism describes a group of people who look after each and every member of that group. (Hofstede, 2004)These two dimensions describe the individual or collectivist culture of a human being. maleness vs. Femininity The third dimension is one of the or so dominating factors of a culture. Countries where men are considered to be more strong and tough and women are considered to be more delicate and aristocratic decipher masculine culture where as countries where men and women are considered equal in terms of strength and tenderness follow feminine culture. (Hofstede, 2004) Uncertainty Avoidance It is the level to which an individual can accept sudden changes and situations. Companies which have the tendency to admit unpredicted circumstances and dislike uncertainty have high uncertainty avoidance score culture whereas countries which take things as they come and are prepared for every change at any point of time have low uncertainty avoidance score culture. (Hofstede, 2004)Long term vs. short term orientation The fifth dimension known a s the Long term vs. short term orientation was discovered quite later by Hofstede with the help of a survey intended by Chinese scholars. According to Hofstede (2004), capacious-term orientation means focusing to the future whereas short term orientation is focusing on the present and past. In long term oriented societies, pragmatism, perseverance is valued more in short term oriented societies, respect for tradition and return favours is valued more. sub organise CULTURE VERSUS FOREIGN CULTURETayeb (1998) says that the decision to become involved in foreign business depends, among others, on the size of the companys domestic market, its outturn capacity and capability, and the financial and other resources that the foreign market requires. In that way, firms can be placed on an transnationalisation scale ranging from domestic single nation tototally globalise. The extent to which national culture becomes relevant to a firm can be shown in the following table. The company own ho me expanse culture is of high relevance, though the managers and other employees may not be aware of its influence. The relevance of other peoples culture becomes greater for a firm as it spreads its activities and products past its national boundaries to reach foreigners with different value systems and tastes (Tayeb 1998).IMPORTANCE OF CULTURE IN INTERNATIONAL BUSINESSUnderstanding culture and its impact on international business is very important for the firm and its employees. Organizations differ not only on the basis of international culture but national culture as well. According to Ball et al. (1996), doing business with another culture is not an easy task and to be successful, every foreign company should be aware and follow some rules that make their business activity more compatible. They state that there are six rules of thumb for doing business in another culture. Even if these can be important when doing business in the home country, they become more crucial when goin g abroad. Johansson (2000) states that it should be kept in mind that even if adaptation to the foreign culture is good when it comes to future negotiations and co-operations, there is a limit for how far a manager should go to try to accept this foreign culture. Mistrust from the other part can be created if for example a manager is trying to adapt to the foreign culture and is doing this superficial and with want of deeper meaning.This can lead to misinterpretation and chequern as matter of insincerity. When a company begins to work outside its national country, it encounters various environmental and cultural changes which is not the flake in own country. If one does not understand these cultural differences, then he might to face barriers in the success of the organization globally. (Lane et al, 2001). More international operations lead to more interaction and communication with people and companies working in different culture. in that locationfore, in put to conk out pr oductively, it is a basic neediness to understand or have knowledge of different cultural attributes and contrast. (Adler 1983). Ferner and Quintanilla (1998), state that companies need to operate as one organisation which face global environment although they are consisted of different subunits which carry the characteristics of the local environmentthey operate in and the companies withal bet the cultural elements of the home countries which they originated in Since the study of national and international cultures has become of the most acknowledged topic, therefore, it is important to collar culture, its importance and impacts in international business.IMPACT OF CULTURE ON INTERNATIONAL BUSINESSAccording to the phrase on Cultural impact on international Business, 2011, Culture influences international business in many ways. When culture and business interrelate with each other, it directs to the emersion of fascinating circumstances or situation. When diverse cultures come to hold outher at an ordinary point with business as the podium, the spar is bound to happen. But most significantly, such circumstances assist us in decorous accustomed to demanding situations. Various societies or nations around the globe pursue different gestures and manners. The technique to see a difficulty might vary from country to country in the world. The global business culture, altogether, is an assembly of a variety of industry tradition, cultural power and the consideration development followed in different countries. Below are discussed the impacts of culture on an international business on the basis of body language, communication, time etceteraBody LanguageEvery country follows a different culture, which can be clearly found or seen in the behaviour and body language of its people. In order to work internationally, accepting the facts about underneath gesture or motion becomes essential. There is likelihood that people can get the impose on _or_ oppress impression about the actions of different cultures. Thus, it calls for an accomplished planner to handle tricky state of affairs for the duration of conference. (Moran et al,2011)CommunicationCommunication is another aspect of culture that affects the international business. Different countries have different ways of communication. The words and vocabulary used by a few people might sound cutting to others. The pronunciation of some words could have a different impact on the cultural ways of communicating in the commercial sector. This can also act as an obstacle in the progression of business communication. (Moran et al, 2011)TimeThe first thing that comes to mind when we talk about time in business in Punctuality. Britishers and Germans are very punctual and follow a time-bound schedule. The various time-cultures could be one of the major factors for creating differences amongst people from miscellaneous ethnicity. Multinational Companies follow a schedule for meetings while doing a busine ss and the way in which meetings are handles could also be the cause of having different point of views. (Moran et al, 2011) It is necessary for corporate houses to understand the social conditions of different countries, to successfully tap the respective markets. Being sensitive to the values and beliefs of different cultures of the world is necessary. (Leung 2005)The marketing executives sent abroad to operate business out of the country go through various problems and difficulties in trading with the commercial tradition and customs of that country. To target the international market and customers is not an easy task. It requires qualified experts who are trained and talented to deliver the best of their capability to the clients.CULTURE OF INDIAIndia is a vast country which houses diverse cultures, ethnic groups and races. The wide population of more than a billion people has resulted from invasions, relocations and inter-marriages that took place over the centuries. According to an article published in the Inter science Management revue (2012), the various customs and traditions followed by people reflects in the business mores of India. With the advent of engineering science, the companies have now started to venture out into international markets. It has thus helped the human resources and the organizations to get exposed to diverse working environments across nations. India has greatly benefited by this turn of events as the gap in the work culture of India and other nations has thus reduced to some extent.INDIAN WORK CULTUREFirst and foremost, the Indian etiquette calls for Namaste being a fundamental mode of greeting or saying goodbye. Recently though, education has brought about a reform in this practice as men and women now prefer to shake hands. Due to their politeness and respect towards their guests,Indian people have trouble saying no. This aspect of their nature may act as a hurdle in sealing of contracts or doing negotiations. paramount respect, courtesy and generosity is showered upon guests in India. It is a utopia for the international travellers. (Rai and Neelankavil, 2009) Rai and Neelankavil, 2009 also state that one of the major drawbacks of the Indian work culture is that there is no focusing of time. Indians dont score too well in terms of punctuality long delays in meetings, cancellation or rescheduling of the same are a common sight. This has found its roots in the basic mindset of people and the Indian culture.Another major failing of the Indian work system is the general fiddle of work in the Government offices which leads to delays in meting out results, excess of the red tape baggage that leads people not to have confidence in the system. Therefore, any transactions in India call for a huge amount of patience to be able to meet with the results. The article published in Inter lore Management Review, 2012 also states that Despite other shortcomings, Indians fare well in matters of the English langu age. The adeptness of the average middle class over the language is laudable. There is absolutely no hitch in sending and receiving of official letters, emails or faxes. The office environment in India is usually very formal and there are no personal relationship between the bosses and the subordinates. The decision making in almost all of the private companies is from top to bottom, which may take a long time for the decision to be made and implemented. This accounts for the general lack of management inside the working sector. Most of the Indians carry their work pressure home.They put in extra hours at work hence losing the work-life balance. This creates more pressure on them as the workplace demands are entirely different from that of the family. All this is done in an effort to earn monetary benefits and climb higher on the ladder of hierarchy of the workplace. Indians generally dont make good mentors, they are soft critics and dont stand up against something wrong as much as they should. This is thought to be because of the process of appraisal, the appraiser demands positive feedback despite the goggle holes in management and work. The lack of dexterity of the appraiser is usually the primary(prenominal) reason behind lack of the much needed critical review. Indians have a hard time coping with changes of any sort, be it changes in management or work timings. A lot of time and energy is required for Indians to bring the change to practice.IMPACT OFCULTURE ON HILTON HOTEL, INDIAOne such new path is the concern with national culture. Whereas traditional IB research has been concerned with economic/ sanctioned give aways and organizational forms and structures, the importance of national culture broadly defined as values, beliefs, norms, and behavioural patterns of a national group has become increasingly important in the last two decades, largely as a result of the classic work of Hofstede (1980). National culture has been shown to impact on major bu siness activities, from smashing structure to group performance Gibson (2002). Cross-cultural experimental literature examining the influence of individual characteristics has evolved, yielding greater sophistication and specification to our understanding of cultures influence. Much early cross-cultural work tested only for the main executions of culture often using national culture as a proxy variable for a given cultural orientation.That work, exploring the influence of the presence (a main effect) of a given cultural orientation, laid the groundwork for more complex experiments to follow, which test how differences in the levels (a talk over influence) of a cultural orientation (even a primed, temporary one) influence behaviours or perceptions. The research of Gelfand et al. (2002) examined twain the main effects and the moderating effects of individual characteristics on the Hilton Hotel in India. Using national culture as proxy for cultural orientation, their results supp ort robust findings of self-serving biases in individualist cultures (Thompson and Lowenstein, 1992), where the self is served by enhancing ones positive attributes to stand out and be better than others, but find relatively less bias in a collectivistic culture, in which the self is served by focusing on ones weaknesses to blend in and maintain interdependence with others.However, they also mensural individual self-construal, and demonstrate that independent self-construal are higher in India and are positively related to self-serving biases. Thus, not only is a main effect of culture on the working of Hilton Hotel in India, but the examination of individual self-construal helps to explain why such an effect exists. Research of this type is especially invaluable given that much of the theory underlying business research has been developed and tested exclusively in Western contexts. Diversity Most organizations in the India, specially largeones, strive for consistency, standardiz ation, and agreement, largely from the mis star(p) assumption that the elimination of divergence/diversity automatically results in efficiency and success. This traditional view of organizational structure assumes that contradictions are to be first prioritized, and then eliminated, so that everything will run smoothly.We have all known managers and executives who need their subordinates to agree with their decisions, tell them they are doing a terrific job, and avoid challenging their authority. While this may be organizationally neat and psychologically comforting, it is stifling, stagnating, and, over the long haul, counterproductive. Experimental research focusing on the moderating influence of individual characteristics contributes to this literature because it directly tests whether these processes, biases, and behaviours are indeed universal phenomena, or whether they are specific to Western populations. As Oyserman et al. (2002b) point out in their Meta-analysis of research on collectivism/individualism, cultural priming is one of the most promising areas of cross-cultural research. The theoretical underpinnings of priming stem from social intuition research, which shows that accessible knowledge influences behaviour, and that temporarily accessible and chronically salient knowledge produce equivalent effects in the laboratory.Thus, priming techniques create an experimental running(a) of chronic differences between cultural groups by temporarily focusing participants attention on different cultural content or values. (Hong et al., 2000) Examples of this research would be the study mentioned in an earlier section, as well as which primed participants with cues that were or were not congruent with their cultural orientation (e.g., using pronouns such as I and me for an independence priming or we and our for an interdependent priming) and examined the influence on factors such as cognitive speed and accuracy, memory, and attitudes. Results across all th e experiments indicate the conception of a chronic cultural orientation, and one that is more malleable in the face of a primed orientation.CULTURE OF U.KThere are about 3.7 one million million businesses in the U.K which includes 75% of jobs in service industry like hotels, restaurants, travelling, shopping, computers and finance. This sector consists of more than 20 millionemployees and 22 percent of British workers work more than 48 hours a week. (Pryce, 2007) According to the Central Intelligence Agency (2007), the United Kingdom is one of the most developed countries in the world and being a leader in trade as well as the leader as the financial centre. It is seen as one of the largest five economies in Europe, with banking, insurance and other business services being an integral part of it. As the United Kingdom is a part of the EU, most of the institutions and policies are in accordance with the regulations laid out by the EU. As the UK has a monarchical constitution, the g overnment rarely gets involved in the matters of economy, its main concern is with improving public services like education and health (The Economist, 2007).A large number of international and global enterprises find home in the United Kingdom (Ferner and Varul, 2000). Due to diverse work environments provided by these global enterprises, the British companies get to experience the work culture provided by the international markets and manage it efficiently. An argument provided by Ferner and Varul (2000) states that the British enterprises have a niche above other companies in terms of development of customer friendly policies and structures. Also, these enterprises play an integral role in globalization of industries, thus placing UK in the top realm to play the role of international operations armed with international companies. Hence, the UK could be expected to be the place with the most number of globalized companies with leading role of international operations.KEY CONCEPT AN D VALUES OF BRITISH CULTUREAccording to an article on International Business Negotiations 2005, United Kingdom consists of a blend of four cultural and ethnic backgrounds named as England, Scotland, Northern Ireland and Wales. Such a multicultural country persists to bring together its rich culture and current attitude. The understanding of the basic principled business standards of the United Kingdom is very important for any company that wishes to operate business in such an catching and reputable country. Indirectness The most important aspect of British culture is its way of approach and communication. In the U.K, people are known well for their graciousness and good manners like courtesy, politeness and civility. While undertaking business in the UK, it is seen that straight questions obtain indistinct answers and the exchangeof dialogues takes place in detail. In order to understand what one really means to say, it is necessary to take note of the nature of voice and facial expressions. (Whittaker, 2009) Stiff upper lip The term uncompromising upper lip is often used to describe the traditionally British portrayal of reserve and restraint when faced with difficult situations.All business meetings and deals are done with entire regulations and customs. Any positive or negative form of emotion should be neglected in the british work environment. (Whittaker, 2009) Humour A vital element in all aspects of British life and culture is the renowned British esthesis of humour. The importance of humour in all situations, including business contexts, cannot be overestimated. Humour is frequently used as a defence mechanism, often in the form of self depreciation or irony. It can be highly implicit and in this sense is related to the British indirect communication style. (Whittaker, 2009) The United Kingdom is renowned for its colourful history and strong sense of tradition that has been shaped by a colonial empire, both civil and European war and a constitu tional monarchy. The fourth largest trading nation, the UK is fast becoming Europes leading business centre. Supported by a long-established system of government and economic stability, the UK is an attractive base for overseas business, offering skills in areas such as research, development and technology. However, in order to operate successfully in the UK business environment, there are a number of important issues to take into consideration both before and during your time there. (Kenna and Lacy, 1995)IMPACT OF CULTURE ON HILTON HOTEL, U.K.There are quite a few Hilton Hotels in the U.K. The most important cultural factors that affect the business of Hilton Hotel in U.K. are as follows PRICINGPrice plays a key role in creating customer value and construct customer relationship, as well is one of the four elements of the marketing mix and an indicator that affects buyer choice. Many companies today compete with each other with different footings in both the domestic and the inte rnational market. Price is the only element in the marketing mix that produces revenue all other elements represent speak to (Kotler et al. 2007). Pricing is one of the most complicated decision areas encountered by Hilton Hotel, U.K.Market prices at the customer level are much more difficult to realize in international markets than in domestic market. The pricing of the Hilton Hotels in the U.K. in general is more complex and critical than those located in India. According to Chee et al. (1998), the price is critical because it affects the firms ability to stay in the market. The price is also complex, because of the diversity of markets, with their different environment such as, political, legal, social, technological, consumer characteristics, etc. Thereby, price is an issue that can affect the international business and the companys co-operations in the foreign countryNEGOTIATIONSAccording to Tayeb (1998) language is one of the major issues when it comes to negotiations with t rade partners from other cultures. Although it is not always indispensable to know the partners language, several studies shows that a link exists between successful company performance in pleasing new business in foreign markets, and the ability of the company to conduct its business in the language of the customer. Tayeb (1998) also states that there are some aspects of culture that manifest themselves in a negotiation situation. Foreign partners not only speak languages other than ones own, but also have a tendency, for cultural reasons, to think in different ways and have different priorities in the way in which they do business. For example, some people prefer to do their business meetings with foreigners in a formal way, and would be offended to be addressed by their first name some might believe that the use of an informal style and first name would signal to the partners that they are trusted. Two partners from these different cultural backgrounds could easily misunderstand each other if they negotiate without a previous knowledge of one anothers assumptions and values.SUMMARYIn todays time of globalisation, international business is getting bigger and escalating for both multinational as well as local companies. Due to this, cross cultural matter have gained a lot of importance. In this literature review, the main focus has been to discuss culture, its importance and impact on Hilton Group of Hotel in India and U.K. This chapter has been presented to help the reader understand the basictheoretical concepts which helps in the findings of the case study and answering the research question. This part of the thesis helped us in understanding the relationship between culture and international business. Development in the fields of technology and communication etc, companies from various cultures have started working together, thus making culture an important subject of discussion in International Business. This chapter discussed the Hofstedes five cultura l dimensions named Individualism, Power distance, Uncertainty, Masculinity and Long-Term orientation.It also explains the working culture of India and U.K and the impact of culture on the business of Hilton Hotel, India and Hilton Hotel, U.K. In international business negotiations, it is important to learn about the counterparts culture and thus ameliorate the problems that can arise in the course of the negotiations. From this study, we can see that there are marked differences in the Indian and British negotiation styles which stem from cultural differences among the two countries. Knowledge of these differences will enable negotiators understand the negotiation behaviour of their counterparts with a view to making negotiations pass off with more ease. However, it is also important not to allow cultural stereotypes to determine the relationships with the potential business partners. This is because individuals may have their own distinct culture which does not always mirror the c ountrys perceived culture.

Magazine article on E-books Essay

Cassettes-sidelined DVDs gathering dust VHS-retired Technology mutates and evolves leaving redundant platforms in its place. Much of the time technology is salutary and change is good, however occasionally change is not so auspicious and we do not realise what we agree lost until its truly gone. The book. The Bible, The odyssey and The Gruffalo (and thats not even mentioning the poets).All books which have stood the test of time and ar still being read as much today as the second gear they were published with these texts societies were bound and broken lessons were learned and empires fell all to the humble book. However the brazen veteran the book is endanger of being stripped of its cap by the young and brash E-book. In the words of Northrop Frye books are the only piece of technology which has not become socially defunctYet They have stood firm whilst DVDs, tapes and vinyl like empires, rose and fell.However the frog like e-book with its dull boring features and its fabulousl y annoying Wifi connectivity could be the bane of books. E-books are vastly growing in nature, like a weed multiplying on every train, beach and plane you see them they are growing in amount and his suggested by 2016 there will be nearly 10 billion of these dastardly devices roaming the world. Even the mere existence of E-books has created a whole new showcase of piracy where people are ripping off hard working authors and publishers by getting counterfeit e-books online for free.This illegal practice was consummated by the passionless e-book. These characterless devices rob the tangible nature you get from books. The feel of the paper the smell of the ink all contribute to the sensation we get from reading. E-books rob this from us and sadly soon children will not understand this interaction as they will be more familiar with the blistering headache the monotonous e-book provides.

History †MapQuest Chapters Essay

WebQuest Chapter 19 The Pullman Strike 1. ) George Pullman explained that the benefits of having his workers living in his follow town was that he believed that the surroundings would draw off the workers from the Feeling of discontent which Characterized the American Workman. This would protect his company from the economic loss that the discontented worker would suffer if he was living under deleterious conditions. He also took the rent that was due directly out of the paychecks of his employees. 2. ) The readings do not state a dollar amount for the hourly wage.The Parable of Pullman states that the workers compensation were close to subsistence level. The amount of the pay cut averaged 25% 3. ) Eugene Deb was a Locomotive produceman. It was under him that the American Railway Union was organized in June of 1893. He was the president of the ARU. It was a single organization that represented all types of railroad employees. In August of 1893 they had had success over the Great Northern Railway in a wage cut dispute. The Pullman workers also joined the ARU. When they went on strike in May of 1894, the ARU supported the strike and it became a nationwide strike amidst railroads and the American Railway Union.After the strike was broken by federal intervention, Debs was jailed for six months for his part in the strike,, specifically for violating a federal mandate and interfering with the mail. 4. ) The strike ended because the ARU members had ref employ to work any train that had Pullmans cars included in it. The companies purposefully attached Pullman cars to mail trains. This caused the mail to be delayed. The moment was the Federal Government issuing an injunction and President Cleveland sending Federal troops to enforce it, in order to stop the mail delay.A yellow(a) dog contract is a contract that a worker signs promising not to join a labor union while he is an employee of the company who h agings the contract. 5. ) The appellants had been refuse d employment, had no viable way to reserve the Town of Pullman, and their families were starving. Instead of employing these individuals, Pullman had brought in substitute workers. Governor Altgeld wrote Pullman a letter basically stating that he should bear nigh responsibility for the plight of those in his town. He also stated that he was going to conduct a personal investigation. He made good on his word for the investigation.6. ) The investigations found that the letter of complaint was indeed valid. There were 1600 families that were without the basic necessities of life, such as food. The investigators also found that there were 600 new workers but 1600 old workers that were still unemployed. HISTORY PAGE 2 of 3 7. ) Pullman blamed the workers for their plight, stating that if they had not g angiotensin converting enzyme on strike, they would not be suffering. WebQuest Chapter 20 The Triangle Shirtwaist Fire 1. ) The workforce was mainly made up of young immigrant women. The re were also men employed, and boys as elevator attendants.There were other boys and girls present during the fire. 2. ) There were a total of 146 people who died in the fire. Most of these were young women. The readings do not break out the deaths by gender. There were also men and boys who died in the fire. slightly a third jumped from the ledges to avoid burning to death. The rest died of burns, some at their sewing machines. 3. ) The exit doors on the ninth floor were locked, ostensibly to prevent employee theft. The one fire exit that was available was inadequate for the number of workers. The conditions existed because fire inspections and precautions were inadequate.The workers feared that if they spoke out about the conditions, that they would lose their job. Economics also played a role in why the conditions were not corrected. 4. ) The citizens of New York, from every physical and economic part of the City, demanded justice. Workers offered testimony and support. There we re protests in the streets. They demanded a safer work environment. 5. ) The unions became strong after(prenominal) this tragedy. Many workers saw the benefit in having an organization speak on their behalf. The other legacy is the building codes and worker safety legislation that was passed after the fire.WebQuest Chapter 22 The Platt Amendment 1. ) The Platt Amendment was attached to the Cuban Constitution. The Cuban Government, with reluctance, included the amendment in their constitution. The unify States was already occupying Cuba. The United States was not going to relinquish any control without the amendment in place. 2. ) The Platt Amendment was drafted by Secretary of War Elihu Root, and presented by Senator Orville Platt. It was attached as a rider to the Army Appropriations Bill of 1901. The intent was to protect Cuba from foreign intervention and allow the United States to exercise authority in Cuba if the situation warranted it.It was passed by the Senate HISTORY PAGE 3 of 3 3. ) The Platt Amendment barred Cuba from going into debt, making treaties with other nations that gave those nations any proponent over Cuban affairs, or stopping the US from creating a sanitation system. It restricted Cuban Sovereignty by giving the United States broad analog of power over the domestic and foreign relations of Cuba. 4. ) The Platt Amendment was used by the United States as an excuse for intervention in Cuba in 1906, 1912, 1917, and 1920. The Platt Amendment was also used for the creation of the base at Guantanamo Bay. 5.) The Cubans were reluctant to attach it to their Constitution. They feared rampant US intervention. Widespread criticism of the amendment and rising nationalism in Cuba resulted in President Franklin Roosevelts repeal of the Amendment in 1934, except for the lease of Guantanamo Bay. 6. ) Whereas the Platt Amendment specifically provided causes for the intervention in Cuba by the United States, the Teller Amendment stated that the United States disclaims sovereign claims to Cuba, and will leave control of the island to the Cubans, and will not claim jurisdiction. The two documents are in sharp contrast to one another.

Price Mechanism in a Capitalist Economy

In a capitalist economy, all the central problems are solved with the help of damage mechanism. In such an economy, no individual or a firm deliberately tries to solve the central problems all economic activities operate automatically and there is no conflict anywhere. The basic reason for all this is that charge mechanism brings about co-ordination in various sectors of economy and in various economic activities. The important peculiar(prenominal) of such a system is that it is automatic and there is no institution or agency which regulates or operates it.The basis of price mechanism is that every trade good or service has a price which is determined with the help of ply and indigence. Every commodity is bought and sold through money. If a person sells his operate or commodity, he gets money and in lieu thereof he can buy goods and services which he needs. If there are more buyers of a commodity, its demand goes up and recruitrs increase its intersection. On the other ha nd, if a commodity is available in abundance, its supply increases, with the result its price goes down and producers reduce its production.Whenever there is a difference or disequilibrium between supply and demand, price starts changing, with the result this difference disappears and again an equilibrium is established between supply and demand. demand and supply curves intersect each other at point E where price is OP and equilibrium yield OQ. According to the schedule equilibrium price will be Rs. 10 because at this price demand and supply are equal. In a capitalist economy, all the central problems are solved with the help of price mechanism.Now we would sec as to how all the central problemswhat to produce, how to produce and for whom to producearc solved with the help of price mechanism. 1. What to produce? In a capitalist economy, production of a commodity is decided by the forces of demand and supply. As the production of a commodity depends upon its demand and supply, in th e same way aggregate output is determined by aggregate demand and aggregate supply. The level of output where aggregate demand and aggregate supply are equal is finally strict as equilibrium output.In the aggregate output, what should be the quantities of different commodities. This decision is also taken by the equilibrium of demand and supply of different commodities. The production of the commodity is increased whose price goes up as a result of increase in its demand. On the other hand, if the demand of a commodity declines, its production is reduced. 2. How to produce? As the competition among consumers decides as to what goods should be produced, in the same way, the competition among the producers decides as to how goods should be produced.A commodity can be produced adopting a number of techniques. The mode or technology which is the cheapest is adopted and the one which is costlier is abandoned. Therefore, the decision as to how goods should be produced depends on the pri ces of factors. A producer combines various factors for producing a commodity in such a way so that his production cost is minimum. For example, coal and diesel both can be used as fuel. If coal is cheaper in par to diesel, coal would be used and reverse would be the case if diesel is cheaper.In this way, the choice of technique of production or the factor combination depends upon the factor prices. In a country where there is abundance of labour and wages are low, more of labour and slight of capital would be used. On the other hand, in a country where there is less of labour and more of capital, capital-intensive techniques would be used. 3. For whom to produce? In a capitalist economy, production of commodities depends upon the buying capacity of the consumers in the market. It is a well known fact that the paying capacity of a consumer depends upon his purchasing power or his income.Besides this, the income of a consumer depends upon the fact as to how much his services are de manded. Higher the demand for a persons services, higher would be his income. If the income of a consumer is more, his capacity to buy is more. In such a situation, production will be carried out for such persons whose incomes are more or who can pay. Therefore, in a capitalist economy, it is observed that price-mechanism facilitates more production of luxuries meant for rich people and less production of goods of mass consumption meant for poor people.

The Morning of December 8, 2014

The mischance happened the morning of Dec. 8, 2014. The examination by the U.S. National deportation Safety Board (NTSB) reasoned that the reasonable confession was the buffer zones direct of a methodology in basic icing conditions without turning on the glance all overs flank and at once stabilizer de glassful example, prompting wish-wash amassing on those surfaces, and without utilizing the suitable arrive execution accelerates for the climate conditions and carpenters plane burthen, (National Transportation Safety Board 2014). In light of the discoveries of the examination, the NTSB required the improvement of hardw atomic number 18 for single-pilot flies that cautions the pilots when the ice-insurance frameworks ought to be actuated.The security load up likewise suggested the advancement of preparing past what is presently required to pass a sort order check ride in such planes. The pilot, 66 years of age, was a reinstate and CEO of a clinical think-tank. He held a carrier transport pilot authentication and an EMB-500 save rating, which he had gotten approximately seven months previously the mischance.As it flew through Northern Virginia and into Maryland, different pilots were announcing ice endeavoring to conformity on their wings as they flew through mists between 4,000 feet and 5,500 feet height. Mr Rosenberg, the pilot turned on the planes de-icing framework for over two minutes as it achieved its 23,000-foot cruising elevation, yet then he flicked if finish again for the rest of the flight. It stayed off as he plummeted toward Gaithersburg, in spite of flying through mists once more.The NTSB said that may contain been a lethal oversight That puts the plane in noticeable dampness, a basic component for ice, for around 15 minutes. Mr Rosenberg was a very qualified pilot, with 4,500 hours signed responsible for a flying machine. He was guaranteed as a business pilot and as a flight educator. He likewise was appraised to fly the Pheno m, a refined six-traveler stream that costs more than $4 million and can fly more than cd mph.In any case, the 2014 occurrence was the second time that Rosenberg slammed while endeavoring to arrive at the Gaithersburg airplane celestial pole, (NTSB 2014). Four years sooner, die away down admonitions sounded as he contacted a solitary motor propjet plane down on the runway. At the point when the plane floated to one side of the 75 wide of the mark runway, Mr Rosenberg endeavored to lift off again to circle the airplane terminal for a second arrival endeavor. Rather, the plane went around 100 feet to one side and collided with trees. He got away with minor damage. The NTSB inferred that the reason was pilot bodge, (NTSB 2014)In excess of 1,000 little planes crash in the United States each year, and many those accidents result in fatalities, yet few accomplish the unpleasant qualification of what occurred in Gaithersburg on the Monday morning of Dec. 8, 2014.Discoveries from Nati onal Transportation Safety Board are as per the following The plane was appropriately certificated and furnished as per government controls, (NTSB 2014).Examination of the plane destruction uncovered no pre advert breakdowns or disappointments that would have blocked typical activity of the plane, (NTSB 2014).The pilots activities previously departure for the mishap flight were reliable with resistance with standard functional techniques, (NTSB 2014).In spite of the fact that the pilots utilization of off base tenant and freight weights had no impact on the plane staying inside EMB-500 Airplane Flight Manual weight and parity constraints, it influenced the arrival speeds he chose in anticipation of the way to deal with Montgomery District Airpark, which were slower than those that compared to the planes real landing weight, (NTSB 2014).The pilots utilization of the slower landing rates in anticipation of the way to deal with Montgomery neighborhood Airpark is reliable with his ref erencing the Normal (non-icing) agenda, which does not require the initiation of the wing and flat stabilizer deice framework, and brought nearly band signs on the velocity show that did not suitably demonstrate the slow down speed, (NTSB 2014).For something like 15 minutes amid the plummet and way to deal with Montgomery County Airpark, the pilot was working in a domain helpful for auxiliary icing without either plane ice insurance framework actuated, (NTSB 2014).Not utilizing the planes ice insurance frameworks amid the way to deal with Montgomery County Airpark was in opposition to the pilots preparedness and distributed standard working methodology and was conflicting with the pilots past conduct amid the mishap flight, (NTSB 2014).The pilots inability to go for the wing and level stabilizer deice framework amid the methodology to Montgomery County Airpark prompted ice collection, a streamline slow down at a higher velocity than would happen without ice aggregation, and the event of the slow down previously the aural slow down notice sounded or the stick pusher actuated. once the plane slowed down, its height was too low to recuperate, (NTSB 2014). Providing pilots of turbofan planes that require a sort rating and are confirmed for single-pilot tasks and trip in icing conditions with programmed alarming about the need to actuate ice assurance frameworks would strengthen this basic strategy while working in potential icing conditions peculiarly in single-pilot tasks, (NTSB 2014).National Transportation Safety Board proposals as pursues. To the Federal Aviation brass Work with the world-wide Aviation Manufacturers Association to build up a framework that can naturally alarm pilots when the ice insurance frameworks ought to be actuated on turbofan planes that require a sort rating and are ensured for single-pilot tasks and trip in icing conditions, (NTSB 2014/A-16-12).To the General Aviation Manufacturers AssociationWork with the Federal Aviation Admin istration to build up a framework that can consequently ready pilots when the ice security frameworks ought to be initiated on turbofan planes that require a sort rating and are confirmed for single-pilot tasks and trip in icing conditions, (NTSB 2014/A-16-13).To the National Business Aviation AssociationWork with your individuals that are makers and preparing suppliers of turbofan planes that require a sort rating and are confirmed for single-pilot activities and trip in icing conditions to create improved pilot preparing rules relating to chance administration in winter climate activities, including the utilization of ice assurance frameworks and adherence to agendas, with crotchety accentuation given to insufficiencies in pilot execution recognized in this mischance, and attempt accessible to the profit of pilots who fly these planes. (NTSB 2014/A-16-14).The synapsis of this whole incident was determined by National Transportation Safety Board that, the presumptive cause of th is accident was the pilots conduct of an approach in structural icing conditions without turning on the airplanes wing and horizontal stabilizer deice system, leading to ice accumulation on those surfaces, and without using the appropriate landing performance speeds for the weather conditions and airplane weight, as indicated in the airplanes standard operating procedures, which together resulted in an silklike stall at an altitude at which a recovery was not possible, (NTSB 2014).

Ribena Marketing Essay

Ribena conf use of goods and services of Contents 1. Introduction 2. intersection point 3. Promotion 4. Price 5. Place 6. Bibliography Introduction Ribena was first do in 1936 when HW Carter, a Bristol based food and drunkenness manufacturer, started fashioning pure fruit syrups to use in making milkshakes. This was when it was discovered that the blackcurrant syrup contained very high levels of vitamin C. People saw how valuable it would be as a nutritional drink and it went on sale in hospitals and nursing homes. The name Ribena was not used du entirelyt on this full stop but after the War, Ribena went on sale all across the UK and Ireland.The word Ribena was based on the Latin name for blackcurrant Ribes Negrum. The name is very important to the product, it trains to be easy to remember, easy to crack and easy to say especially if the calculate audience is peasantren. Ribena also has the added advantage that the name has an international ring to it. Ribena has establish ed a strong brand name over the eld and it has maintained its position in the market. In recent years Ribena have introduced new timbers to the market such as Strawberry, Raspberry, Apple, Orange, Raspberry and Pomegranate. Product A product is defined as anything that can be offered to satisfy a need or want.To help its product sell in greater quantities, a business must give term to the packaging and brand name it uses. Ribena is in stock(predicate) in weeds of different flavours these include Blackcurrant, Strawberry, Orange, Raspberry, Raspberry and Pomegranate. The blackcurrant flavour is available in original and really neat (low calorie). Ribenas target market is every child and every p arnt. Ribena is a brand that children love and that mothers prefer to procure for their family because it is rich in Vitamin C and has a unique blackcurrant taste. Mothers are satisfied that they are giving their children a nutritional drink full of vitamin C.Mothers go forth be much likely to give their children Ribena to bring to school with them as a drink for their dejeuner rather than a bottle of coke because of the nutritional value in Ribena. Ribenas iconic guide word uses their nutritional value to attract customers The blackcurrants in Ribena contain four times the Vitamin C of oranges. Another let on aspect of the product is the packaging. The packaging needs to attractive and bright in colour in companionship to attract the childs attention. It must attract the consumers attention enough to make them want to buy Ribena ahead of all the other brands like Robinsons, Mi Wadi, Kia OraRibena is packaged in grump bottles, plastic bottles and cartonfuls. The glass bottles only come in 600ml, 1 cubic decimetre and 2 litres. The plastic bottles range in size of it from 330ml, 500ml, 1litre and 2 litres. The single carton comes in 288ml. The cartons also come in a multi pack 4 cartons of 200ml and 10 cartons of 200ml. In 2000 Ribena launched Ribena Pouc h Pack. It was developed for older children who want the great taste of Ribena but in a more grown up and trendy pack. The Ribena Pouch is still very potently linked to Ribenas key messages which are that Ribena is full of vitamin C, very nutritional and it has a unique blackcurrant taste.The target market for the Ribena pouch is the children themselves especially older children who are buying their own drinks. It is very up to hear with an emphasis on a key point ab place Ribena that it is purple. The packaging for the Ribena pouch pack is portable, light to carry and re-sealable so can be used again. The colour distinguishes it from its competitors like Robinsons, Mi Wadi and Kia Ora. Since its launch in March 2000, sales have been very good, with more and more consumers buying into this new trendy packaging. PromotionPromotion involves communicating with customers to let them know about the product and to persuade them to buy it. The four main ways to bring forward a product a re advertising, sales promotions, public relations and personal selling. Ribena put a lot of money into their advertising campaign each year. One of the main reasons Ribena has been so successful throughout the years is due to their strong advertising campaign especially their television adverts. The advertisements change with the years but Ribenas main message remains the same. Ribenas core values are based around its vitamin C goodness and its unique blackcurrant taste.The TV advertisements feature the Ribenaberry cartoon characters. They have evolved with the brand over the years. The Ribenaberry cartoon characters are very popular and are an excellent advertising tool. The target market for Ribena is children and most children watch cartoons so they would be able to relate to the ads compared to the Capri sun ad which isnt as child friendly as the Ribena one. The cartoon characters covey the essence of the drink and the fact that it is made from blackcurrants. They also add an element of childs play to the ads which appeals to children. This encourages hildren to buy it and obviously mothers would be more inclined to buy Ribena for their children compared to fizzy drinks because of the nutritional value. Ribena also use a lot of purple in their adverts. Ribena emphasises that it is a very nutritional drink suitable for children and they control this into their advertising, sales promotions, public relations and personal selling. Ribena also use their website to promote competitions, discounts, new products that they are entranceway etc In May 2009 Ribena launched a range of sales promotions initiatives as part of their summer campaign. t was essentially a loyalty scheme that allowed consumers to collect on-pack tokens and redeem them for prizes that included kites, juggling balls, cricket sets and skittles. In Ribenas 2009 summer campaign they also gave away 1 million free inflatable office assistants as part of their summer on-pack promotion in order to win one of office assistants consumers had to purchase a bottle or carton of Ribenas and text in an on-pack code. Consumers could also choose between a male or female inflatable. The promotion took place from May 1st and ran for 12 weeks. It was part of a ? 6 million campaign for the brand.In May 2011 Ribena launched their summer advertising and promotion campaign. Their aim was to target more than a million consumers in order to promote the brand and increase sales. The campaign centred around a mobile pluck Wagon. It toured around the UK stopping in in picnic areas giving out free samples. The Ribena tour targeted young adults to mums and families. Ribena also gave away 300 free passes to family friendly festivals around the UK. The promotion also drove consumers to the Ribena website, further promoting engagement with the brand. Inflatable office assistant Ribenaberry cartoon character The Ribena Berry WagonPrice The price is the amount of money the business charges consume rs for its product. It is important that the business charges the right price for its product. If it is too high, consumers will not buy it. If it is too low, the business might make a termination and consumers might think it is inferior. The price of Ribena is quite reasonable considering the nutritional value. . It appeals to parents who believe that the higher price is worth paying because they believe Ribena is better for their children than fizzy drinks such as Coca-Cola, Club Orange. In this way, Ribena makes higher lolly from the higher price.The Ribena prices range from 1. 23 to 3. 94. Here is a come of the prices in Euro Ribena ready to drink carton 288ml1. 45 Ribena ready to drink 500ml1. 59 Ribena Pouch Pack 288ml1. 45 Ribena Blackcurrant 1litre2. 89 Ribena Blackcurrant 2 litre3. 94 Ribena Strawberry 1litre2. 89 Ribena misrepresent to drink blackcurrant 10 X 200ml3. 49 Ribena falsify to drink strawberry 10 X 200ml 3. 49 Ribena Ready to drink blackcurrant 4 X 200ml1. 23 Ribena Ready to drink strawberry 4 X 200ml1. 23 The Ribena prices range from 99p to ? 2. 95 Here is a list of the prices in Pounds ? Ribena ready to drink carton 288ml 99pRibena ready to drink 500ml 99p Ribena Pouch Pack 288ml 99p Ribena Blackcurrant 1litre? 2. 65 Ribena Blackcurrant 2 litre? 2. 95 Ribena Strawberry 1litre? 1. 89 Ribena Ready to drink blackcurrant 10 X 200ml? 2. 59 Ribena Ready to drink strawberry 10 X 200ml ? 2. 59 Ribena Ready to drink blackcurrant 4 X 200ml? 1. 40 Ribena Ready to drink strawberry 4 X 200ml? 1. 40 Place Place involves the business get its product to consumers by using an appropriate channel of distribution. The product has to be available where and when people need and want it. In order to manufacture Ribena the fruits need to be harvested.Harvest starts in July and it lasts for about eight weeks. support conditions are very important to ensuring a good crop. They need a frost free spring, quieten rain in May and June and a sunny harvesting season in July and august. The Scottish graze Research Institute has been trying to develop new blackcurrant varieties that cope with difficult weather patterns for the past 15 years. They completed a three year trial of two new varieties which were harvested for the first time in 2007 and have been specially bred to withstand the effects of climate change. Blackcurrant harvesters do not cut the berries off the bush.The berries on blackcurrant bushes ripen all at the same time, which makes picking them easier. Speed is very important, blackcurrants are not recollective lasting and at that placefore most of them are pressed into juice within 24 hours which are made into concentrate. They are then taken to the Ribena plant at Coleford, Gloucestershire in the UK, where it is held in tanks beneath the factory and is bottled as needed throughout the year. Ribena is well distributed throughout England, Ireland, New Zealand and Australia. It is sold in supermarkets, newsagents and gara ge forecourts around the country.It is available everywhere children might look for it. If they are shopping with their parents in the supermarket, it is there. If their parents pull in to get petrol, Ribena is there also. Bibliography http//www. ribena. co. uk/summer-soundtrack/ http//www. facebook. com/ /RibenaUK http//www. youtube. com/watch? v=mxf6OPoaXCA http//theodmgroup. com/2011/06/03/gift-with-purchase-promotion-ribena-drinks/ http//www. brandrepublic. com/news/899422/Ribena-launches-range-promotional-activity-2009/ http//www. promomarketing. info/ribena-offers-a-summer-of-festival-fun/P004419/

Employment Torts: Information Guide

September 16, 2006 Worksheet 1 practice session TORTS Employers Liability 1. Introduction The basis of the obligation of an enforceer for default in respect of f fairness nonplused by his good typefaceee during the pass over of the employees drop dead is twofold 1. He may be nonimmune for rupture of the ad hominem profession of c be which he owes to all(prenominal) employee 2. He may be tricearyly likely for appropriate around by whiz employee of the parentage of attention which that employee owes to his fellow employees. The march against the employer for damages by the employee who generates individualal blur on the job is tho one of the methods available for compensation for run for cast throws. . Common law Duties of the Employer in that location atomic number 18 es directially implied terms of the dilute of employ leavest It is quite clear that the contract amid employer and use, involves on the per centum of the former the obligation of victorious clean c atomic number 18 to provide commensurate appliances, and to principal(prenominal)tain them in a puritanical condition, and so to have got on his operating rooms as non to posit those industrious by him to supernumerary jeopardize per Lord Herschell in Smith v. baker This was afterwards refined in Wilsons and Clyde Coal Co v. English and in Davie v.New Merton Board Mills Ltd. The traffic is now regarded as four-fold and is non-delegable. In sum, the employer essential read reasonable fright to provide 1. A competent staff of role players 2. Adequate congeal and equipment 3. A dear dodge of exercise and 4. A safe prat of educate. The roughhewn law of nature province of an employer to his employees was enunciated in Davie v. New Merton Board Mills Ltd 1959 1 solely ER 346 as a job to clutch reasonable c atomic number 18 for their sanctuary i. e. you owe an employee a calling of bearing non to baffle them damage.In that slip of paper, in 1946 an old-established firm of tool pullrs made a drift (a tool consisting of a tapered bar of brand name ab expose one foot long) which had a latent defect, viz, excessive hardness of the steel due to oblivious heat interference. In July, 1946, the occasionrs sold the drift to B & Co Ltd reputable suppliers of tools of this kind, from whom, in the same month, the employers of D bought at a reasonable price a batch of drifts, including this tool. The defect in the drift was non discoverable on inspection and no intermediate examination by the employers between the epochs of its manufacture and of its use was reasonably to be anticipate.Between July, 1946, and March, 1953, the drift was seldom, if ever, used, s elevator carce in March, 1953, D used it in the runway of his utilisation as a maintenance fitter. Owing to the defect in its manufacture, a piece flew get rid of away the drift when it was struck with a hammer by D in the logical argument of using it, and undo the sight of his left eye. in that respect was no omission in the employers system of maintenance and inspection and the misfortune was solely due to the defect in the drift.HELD -The employers were non probable to D for the smirch caused to him by the faulty drift, because they had fulfilled their art to him as their handmaiden, namely, a trading to wee-wee reasonable care to provide proper appliances, and were non obligated for the affliction of the manufacturers, who had no contractual human relationship with the employers and in manufacturing the tool were non performing as mortals (whether handmaidens, agents or self-sufficient affirmers) to whom the employers had delegated the serveance of whatever obligation that it was for the employers to perform.Per Lord Tucker in my view, it would pretend made no difference if the drift had been purchased by the employers direct from the manufacturers. An employer may, however, render himself nonresi stant to his consideration for injury suffered by him by reason of a faulty specification prepared by the employer for the manufacturer, or where the manufactured condition may require inspection or running game afterward delivery. The debt instrument is not an absolute one and crumb be executed by the exercise of due are and skill, which is a matter to be controvertd by a consideration of all the deal of the item case. It is well established that all(prenominal) employer has a indebtedness at parking area law to provide 1. A competent staff of men 2. Adequate plant and equipment 3. A safe system of working, with powerful supervision and 4. A safe place of work. Wilsons and Clyde Coal Ltd v English 1937 3 exclusively ER 628In an action by a mineworker against his employers for damages for personal injury alleged to be due to the inadvertence of the employers in that they had failed to provide a reasonably safe system of working the colliery, school principals were raised (1) whether the employers were presumable at common law for a defective system of working negligently provided or permitted to be carried on by a servant to whom the job of regulating the system of working had been delegated by the employers, the employers board of directors world unaware of the defect, and (2) if they were liable, whether the employers were relieved of their liability in view of the prohibition contained in the Coal Mines Act 1911, s2(4), against the sustainer of a mine taking whatsoever part in the technical management of the mine unless he is qualified to be a manager.HELD It was held by the House of Lords that (1) the employers were not absolved from their duty to take due care in the purvey of a reasonably safe system of working by the appointment of a competent person to perform that duty. Although the employers might, and in whatsoever events were bound to, appoint fewone as their agent in the unloosen of their duty, the employers remained responsible for(p). (2) the doctrine of common profession does not re sprain where it is proved that a defective system of working has been provided. To provide a proper system of working is a paramount duty, and, if it is delegated by a sea captain to an other(a), the whelm on a lower floorstood remains liable.Lord W justifiedly stated (at p644A) that the whole course of role coherently recognises a duty which rests on the employer, and which is personal to the employer, to take reasonable care for the safety of his workmen, whether the employer be an individual, a firm, or a company, and whether or not the employer takes any share in the take of the operations (at p644A). The obligation is tercetfold, the provision of a competent staff of men, adequate material, and a proper system and effective supervision (at p640C). 1. COMPETENT cater OF WORKERS An employer testament be in snap off of this duty if he engages a workman who has had insufficient schooling or experi ence for a peculiar(prenominal) job and, as a resolve of that workmans incompetence, another employee is injured.Competence here usually relates to qualifications, training and experience. It may also include the disposition of the employee. Ifill v. Rayside Concrete Workers Ltd (1981) 16 Barb. LR The complainant and J were occupied by the suspects as labourers. They were both go to bedn by the suspects to impart a propensity for skylarking at work, and had been chideed on at least two occasions not to do so. whizz day, J picked the plaintiff up and cradled him in his arms, saying he was light as a mess up and singing Rock-a-bye-baby. As J carried the plaintiff forward, he tripped over a pipeline and both J and the plaintiff fell into a cement mixer, which was all partly covered, both of them sustaining injuries.The plaintiff brought an action against the defendant for (a) breach of statutory duty and (b) disuse at common law. HELD -(a) the cement mixer was a chancy par t of motorcarry within what was then s 10(1) of the Factories Act, Cap 347, and the defendants were in breach of their absolute statutory duty to fence it firmly (b) the defendants were in breach of their duty at common law not to fo low the plaintiff to seeks of risk of infection emanating from indisciplined fellow employees, and were liable in indifference (c) the plaintiff was guilty of contributory negligence and his damages would be reduced by 50%. Douglas CJ say it is obvious that the plaintiff and the second defendant each had a marked propensity for skylarking.They persisted in it, in spite of warningsin my view, mere warnings were wholly inadequate for much(prenominal)(prenominal) serious cases of indisciplineRayside was negligent in exposing its employees, including the plaintiff, to the risk of injury from the second defendants skylarkingthe plaintiff was contributorily negligent in participating in the skylarking activity which caused his injury. upon principle it seems to me that if, in fact, a fellow workman is not merely inexpert but, by his habitual conduct, is likely to prove a source of en en dangermentment to his fellow employees, a duty lieson the employers to remove that source of danger Hudson v. ridgeline Manufacturing Co Ltd 1957 2 QB 348 The defendants had had in their employ, for a period of al just about four years, a man addicted to horseplay and skylarking. He had been reprimanded on many occasions by the foreman, seemingly without any result.In the end, while indulging in skylarking, he tripped and injured the plaintiff, a fellow employee who sued his employer for failing to take reasonable care for his safety. HELD -Straetfield J tell This is an unusual case, because the particular form of lack of care by the employers alleged is that they failed to maintain discipline and to take proper steps to put an end to this skylarking, which might lead to injury at some succession in the futurethe matter is covered not by au thority so much as principle. It is the duty of employers, for the safety of employees, to have reasonably safe plant and weaponry. It is their duty to have premises which are similarly reasonably safe.It is their duty to have a reasonably safe system of work. It is their duty to employ reasonably competent fellow workmenit seems to me that if, in fact, a fellow workman is not merely incompetent but, by his habitual conduct, is likely to prove a source of danger to his fellow employees, a duty lies fairly and squarely on the employers to remove that source of danger. Smith v. Crossley Bros Ltd (1951) 95 SJ 655 Injury was make to the plaintiff, a 16 year old apprentice, by inserting in him, in horseplay, compressed air. At first instance, it was held that the employers had not exercised adequate supervision over the apprentices and that lack of supervision constituted negligence.HELD -on invoke, it was held that the enjoin disc turn outd no negligence on the part of the employer s, because the injury to the plaintiff resulted from what was wilful misbehaviour by the other boys and a dreadful act which the employers had no reason to foresee. in that respect was no history of childish behaviour the employers did not know or ought to have known about the defendants propensity for skylarking. 1. ADEQUATE PLANT & EQUIPMENT An employer essentialiness(prenominal)(prenominal) take the necessary steps to provide adequate plant and equipment for his workers, and he will be liable to any workman who is injured through the absence of any equipment which is obviously necessary or which a reasonable employer would recognise as world necessary for the safety of the workman.The employer must take reasonable care to ensure that damage is not caused to the employee by the absence of necessary safety equipment much(prenominal) as goggles, safety helmets, shoes etc. or by the presence of unsafe simple machinery. Sammy v. BWIA (1988) blue chat up, TT, No 5692 of 19 83 (unreported) The plaintiff, who was active by the defendant as a mechanic, was sent to repair a vehicle which had broken down on a ramp at Piarco Airport. While attempting to start the vehicle, it caught fire. No fire extinguishers were provided either in the vehicle being repaired or in the receipts vehicle and, in attempting to put out the fire with a cloth, the plaintiff suffered burns.HELD Gopeesingh J held the defendant liable for breach of its common law duty to the plaintiff to take reasonable care for his safety,by not exposing him to safety to any unnecessary risk during the performance of his duties as an employeeBy failing to provide fire extinguishers on these vehicles, the defendant clearly exposed the plaintiff to unnecessary risk when the fire started on the vehicleThe defendant was under a duty to provide proper safety appliances on these vehicles to safeguard the plaintiff in the event of such an occurrence. Morris v. Point Lisas Steel Products Ltd (1989) Hi gh courtroom, TT, No 1886 of 1983 (unreported) The plaintiff was assiduous as a machine operator at the defendants factory. While the plaintiff was using a wire cutting machine, a piece of steel flew into his right eye, make a complete injury of sight in that eye. Holding the employer in breach of its common law duty of care in failing to provide goggles HELD Hosein J said thatsince the risk was obvious to the defendant and not insidious, the defendant ought to have made goggles available and also prone firm instructions that they must be orn, and the defendant ought to have educated the men and made it a detect of the factory that goggles must be worn, since, if an accident did happen, the probability was likely to be the loss of sight of one or both eyes. Forbes v. Burns House Ltd (2000) Supreme Court, The Bahamas, No 432 of 1995 (unreported) An killice worker was injured at the workplace when a swivel chair on which she was sitting collapsed. HELD the employer was in brea ch of its duty to inspect and maintain office equipment, including the chair. McGhee v. National Coal Board 1972 3 All ER 1008 The appellant was sent by the swear outings, his employers, to showy out brick kilns.Although the working conditions on that point were hot and dirty, the appellant being exposed to clouds of abrasive brick dust, the respondents provided no adequate washing facilities. In consequence the appellant had to continue exerting himself after work by bicycling home caked with sweat and grime. After some days working in the brick kilns the appellant was found to be suffering from dermatitis. In an action by the appellant against the respondents for negligence the wellness check evidence showed that the dermatitis had been caused by the working conditions in the brick kilns. The evidence also showed that the fact that after work the appellant had had to exert himself further by bicycling home with brick dust adhering to his skin had added materially to the risk that he might develop the disease.It was held in the Court of Session that the respondents had been in breach of duty to the appellant in failing to provide adequate washing facilities but that the appellants action failed because he had not shown that that breach of duty had caused his injury, in that there was no positive evidence that it was more probable than not that he would not have contracted dermatitis if adequate washing facilities had been provided. On pull in, HELD A defender was liable in negligence to the pursuer if the defenders breach of duty had caused, or materially contributed to, the injury suffered by the pursuer notwithstanding that there were other factors, for which the defender was not responsible, which had contributed to the injury. Accordingly the respondents were liable to the appellant, and the appeal would be allowed, because (i) (per Lord Reid, Lord Wilberforce, Lord Simon f Glaisdale and Lord Salmon) a finding that the respondents breach of duty ha d materially increased the risk of injury to the appellant amounted, for practical purposes, to a finding that the respondents breach of duty had materially contributed to his injury, at least (per Lord Wilberforce) in the absence of positive p pileus by the respondents to the blow (ii) (per Lord Kilbrandon) on the facts found, the appellant had succeeded in showing that, on a balance of probabilities, his injury had been caused or contributed to by the respondents breach of duty 2. SAFE SYSTEM OF WORKING An employer must organise a safe system of working (includes a duty to take reasonable precautions to protect employees from attacks by armed bandits) and must ensure as far as possible that the system is adhered to.In addition to supervising workmen, the employer should organise a system which itself reduces the risk of injury from the workmens foreseeable carelessness. This has been described as the sequence in which the work is to be carried out the provision in proper cases of warnings and notices and the issue of special instructions per Lord Greene MR Legall v. mule skinner Drilling (Contractors) Ltd (1993) High Court, Barbados, No 1775 of 1991 (unreported) The defendant company was engaged in oil drilling. The plaintiff was employed by the defendant as a derrick man, one of his duties being the removal of nuts and bolts from the rigs as part of the rigging down operation. In set to remove a bolt from a rig platform about 10 ft from the ground, the plaintiff was recrudescen an empty oil pound to stand on.The drum toppled over and the plaintiff fell to the ground and was injured. HELD the defendant, by failing to ensure that its workers used ladders to reach mellowed platforms and to warn the plaintiff of the danger of standing on the oil drum, was in breach of its common law duty to provide a safe system of work. Bish v. Leathercraft Ltd. (1975) 24 WIR 351 The plaintiff was direct a dismission pressing machine in the defendants factory when a button became stuck in the piston. While attempting to dislodge the button with her right index finger, the plaintiffs elbow came into contact with an unguarded lever, which caused the piston to descend and gravel her finger.HELD The Jamai tooshie Court of Appeal held that the defendants were in breach of their common law duties to provide adequate equipment and a safe system of work, in that (a) the button had not been pre-heated, which was the cause of its becoming stuck in the position (b) no three inch nail, which would have been effective to dislodge the button, was provided for the plaintiffs use, with the result that the plaintiff had to recompense to using her finger and (c) the lever was not provided with a guard, which would some probably have precludeed the accident which occurred. Qualcast v. Haynes 1959 AC 743 Hurdle v. Allied metals Ltd. 1974 9 Barb LR 1 3. SAFE PLACE OF WORK An employer has a duty to take care to ensure that the premises where his employees are requisite to work are reasonably safe. The duty exists only in relation to those parts of the workplace which the employee is authorised to enter.An employee who enters an area which he knows to be out of bounds, will generally be treated as a trespasser. As the occupier, in most cases, of the workplace, the employer is under a duty to the employee (a lawful visitor) to take reasonable care to see that the premises are reasonably safe for the purpose of doing the job. Where the employer is not the occupier of the workplace, there is still a requirement that he take reasonable care to ensure that the worker is reasonably safe. This will vary with the circumstances. A classical question is whether the employer knew of or ought to have been aware of the danger and what steps were to be regarded as reasonable in providing a safe place of work. Al buttocks (Jamaica) Ltd v.Nicholson (1986) Court of Appeal, Jamaica, Civ App No 49 of 1985 (unreported), per Hall J A welder, during his eat break, left his area of work at a bauxite installation and entered a location called a rashness area, in search of cigarettes. there, he suffered a serious eye injury when caustic soda, which was stored in tanks, splashed into his eye. HELD the employer/occupier was held not liable for the injury, since the welder was a trespasser in the area who knew he had no right to be there and was well aware of the dangers of caustic soda. Watson v. Arawak Cement Co Ltd (1998) High Court, Barbados, No 958 of 1990 (unreported) The plaintiff was employed by the defendant as a general worker. He was sent to work on a ship which was in the possession of a third party.While attempting to leave the ship at the end of his days work, the plaintiff fell from an unlit walkway inside the ship and bear on injuries. HELD Chase J held the defendant liable on banknote of its failure to provide a suitable means of egress from the ship and to instruct the plaintiff as to the method of leaving the vessel . Another cyclorama of the employers duty to exercise reasonable care and not to expose his servants to unnecessary risk in his duty to provide a reasonable safe place of work and access thereto. This duty does not come to an end merely because the employee has been sent to work at premises which are occupied by a third party and not the employer. The duty remains throughout the course of his barter.General Cleaning Contractors Ltd v. Christmas 1953 AC 180 The plaintiff, a window clean, was employed by the defendants, a firm of contractors, to clean the windows of a club. While, spare- conviction activity the practice usually adopted by employees of the defendants, he was standing on the sill of one of the windows to clean the exterior of the window and was holding one sash of the window for support, the other sash came down on his fingers, causing him to let go and fall to the ground, suffering injury. On a claim by him against the defendants for damages HELD it was held by the House of Lords that even assuming that other systems of carrying out the work, e. g. by the use of safety belts or ladders, were impracticable, the defendants were still under an obligation to ensure that the system that was adopted was as reasonably safe as it could be made and that their employees were instructed as to the steps to be taken to head off accidents the defendants had not discharged their duty in this respect towards the plaintiff and, therefore, they were liable to him in respect of his injury. Per Lord Reid Where a practice of ignoring an obvious danger has grown up it is not reasonable to expect an individual workman to take the initiative in devising and using precautions. It is the duty of the employer to consider the situation, to devise a suitable system, to instruct his men what they must do, and to supply any implements that may be required.Since the employers liability is merely another form of negligence, the employee must establish not only the breach of the duty of care owed to her, but also that it legally caused the solvent damage, and that such damage was not too remote. Walker v. Northumberland 1995 1 All ER 737 The plaintiff was employed by the defendant local authority as an area social services officer from 1970 until declination 1987. He was responsible for managing four teams of social services fieldworkers in an area which had a high residue of child care problems. In 1986 the plaintiff suffered a restless breakdown because of the underscore and pressures of work and was off work for three months. Before he returned to work he discussed his position with his superior who agreed that some assist should be provided to lessen the burden of the plaintiffs work.In the event, when the plaintiff returned to work only very limited assistance was provided and he found that he had to clear the backlog of paperwork that had built up during his absence while the pending child care cases in his area were increasing at a cons iderable rate. Six months later he suffered a second mental breakdown and was forced to stop work permanently. In February 1988 he was dismissed by the local authority on the grounds of permanent ill health. He brought an action against the local authority claiming damages for breach of its duty of care, as his employer, to take reasonable steps to avoid exposing him to a health-endangering work ladle.HELD It was held in the QBD that where it was reasonably foreseeable to an employer that an employee might suffer a nervous breakdown because of the accent and pressures of his workload, the employer was under a duty of care, as part of the duty to provide a safe system of work, not to cause the employee psychiatric damage by reason of the volume or character of the work which the employee was required to perform. On the facts, prior to the 1986 illness, it was not reasonably foreseeable to the local authority that the plaintiffs workload would concur rise to a material risk of ment al illness. However, as to the second illness, the local authority ought to have foreseen that if the plaintiff was again exposed to the same workload there was a risk that he would suffer another nervous breakdown which would probably end his career as an area manager.The local authority ought therefore to have provided additional assistance to reduce the plaintiffs workload even at the expense of some disruption of other social work and, in choosing to continue to employ the plaintiff without providing effective help, it had acted unreasonably and in breach of its duty of care. It followed that the local authority was liable in negligence for the plaintiffs second nervous breakdown and that accordingly there would be supposition for the plaintiff with damages to be assessed. Sutherland v. Hatton 2002 IRLR 263 The claimant in this case was a secondary school teacher who suffered from depression and a nervous breakdown and was initially awarded ? 90,765.HELD The CA found that Hat ton gave the school she worked for no notice that she was growing unable to cope with her work. She had suffered some distressing events impertinent of work, which the school could reasonably have attributed her absence to, particularly as other staff did not suffer from health problems as a result of restructuring in the school, and the fact that she did not complain. The appeal held that as didactics cannot be regarded as intrinsically stressful the school had done all they could reasonably be expected to do. It was unnecessary to have in place systems to overcome the reluctance of people to voluntarily seek help. The guidelines score up by the CA are as follows 1.There are no special assure mechanisms relating to work-related stress injury claims ordinary principles of employers liability apply. 2. The threshold question is whether this kind of harm to this particular employee was reasonably foreseeable. 3. Foreseeability depends on what the employer knows or should know abo ut the individual employee. Unless aware of a particular problem or photograph, the employer can usually assume that the employee can withstand the normal pressures of the job. 4. The test is the same for all communication channels no occupation is to be regarded as intrinsically dangerous to mental health. 5. Reasonable foreseeability of harm includes consideration of the nature and effect of the work whether the workload is much greater than normal whether the work is particularly intellectually or emotionally demanding for that employee whether unreasonable demands are being made of the employee whether others doing this job are suffering harmful levels of stress whether there is an abnormal level of sickness or absenteeism in the same job or department. The employer can take what the employee tells it at face value, unless it has good reason not to, and requirement not make searching enquiries of the employee or his or her medical advisors. 6. The employer can take wha t the employee tells it at face value, unless it has good reason not to and need not make searching enquiries of the employee or his/her medical advisors. 7. The duty to take steps is triggered by indications of be harm to health, which must be plain enough for any reasonable employer to realise it has to act. 8.There is a breach of duty only if the employer has failed to take steps that are reasonable in the circumstances, bearing in hear the magnitude of the risk of harm occurring, the gravity of that harm, the costs and practicability of preventing it and the acknowledgments for running the risk. 9. The employers size, scene, resources and demands on it are relevant in deciding what is reasonable (including the need to treat other employees fairly, for example in any redistribution of duties). 10. An employer need only take steps that are likely to do some good the court will need expert evidence on this. 1. An employer that offers a confidential advice service, with appropri ate counselling or treatment services is unlikely to be found in breach of duty. 2.If the only reasonable and effective way to prevent the injury would be to dismiss or demote the employee, the employer will not be in breach in allowing a willing employee to continue working. 3. In all cases, it is necessary to notice the steps that the employer could and should have taken forrader finding it in breach of duty of care 4. The claimant must show that that breach of duty has caused or materially contributed to the harm suffered. It is not enough to show that occupational stress caused the harm it must be linked with the breach. 5. Where the harm suffered has more than one cause, the employer should only return for that part caused by its wrongdoing, unless the harm is indivisible. 1.Assessment of damages will take account of pre-existing disorders or vulnerability and the chance that the claimant would have suffered a stress-related disorder in any event. Hudson v Ridge Manufacturin g 1957 2 All ER 229 The plaintiff, while at work, was injured through a foolish prank played on him by Chadwick, a fellow workman. Over a period of about four years C had been in the habit of indulging in horseplay during his work, at the expense of the plaintiff and the other workmen. The employers knew about Cs conduct and had frequently reprimanded him and warned him that someone might one day be hurt, but, although he paid no heed to their reprimands, he was allowed to remain in their employment.In an action by the plaintiff against the employers, claiming damages for negligence at common law HELD it was held at Manchester Assizes that the employers were liable to the plaintiff in damages for breach of their duty at common law to provide competent workmen, because, if a workman, by his habitual conduct, was likely to prove a source of danger to his fellow workmen, it was the employers duty to remove that source of danger, and the plaintiffs injury was sustained as a result of the employers failure to take proper steps to put an end to Cs horseplay or to remove him from their employment if he persisted in it. Smith v Crossley Brothers Ltd ((1951) 95 Sol Jo 655) considered. Wilson v Tyneside Window Cleaning Co 1958 2 All ER 265A masters duty to his servant to take reasonable care so to carry out his operations as not to subject his servant unnecessary (see Smith v Baker & Sons 1891 AC at p362) is one single duty applicable in all circumstances, though it may be convenient to divide it into categories (as was done by Lord Wright in Wilsons & Clyde Coal v English 1937 3 All ER at p640) when dealing with a particular case. So viewed, the question whether the master was in control of the premises, or whether the premises were those of a st windr, becomes merely one of the ingredients, albeit an important one, in considering the question of fact whether, in all the circumstances, the master took reasonable care.A skilled and experienced window cleaner, who knew that he should not trust the handles on windows without first testing them, was frequently sent by his employers to clean the windows of a particular customer. The employers did not inspect the customers premises each time when they sent the window cleaners there, nor did they specifically warn the window cleaner of particular dangers but they did instruct him to leave uncleaned any window which presented unusual worry and which he was in doubt whether he could clean safely, to report the fact to them and to ask for further instructions. There was no evidence of any practice in the trade either of inspecting premises for safety before work or of repeatedly warning workmen of the dangers.While cleaning the outside of a kitchen window, the woodwork of which appeared to the window cleaner to be rotten, of which he knew the sash to be stiff and of which one of the two handles was missing, the window cleaner assay to pull the window down by the remaining handle. The handle came away i n his hand, causing him to lose his balance, fall and sustain severe injuries. In an action by the window cleaner against the employers for alleged negligence exposing him to unnecessary risk HELD it was held by the Court of Appeal that the employers had taken reasonable care not to subject the plaintiff to unnecessary risk, because the danger was an apparent danger, the plaintiff was very experienced at the work, and they had instructed him not to clean windows which it might not be safe to clean the employers, therefore, were not liable. DEFENCES 1.Volenti non fit injuria is a defensive structure for an employer against an employee. It could apply where an employee is so negligent that it could be said that the employee is completely at fault. 2. An employees knowledge of the existence of a danger does not in itself amount to consent to run the risk. 3. Contributory negligence is also a defence that an employer may utilise against an employee. However, the courts are reluctant t o apply this doctrine. This doctrine does not completely exonerate an employee but in fact reduces the amount of damages (apportionment) given to the employee. 4. Contributory negligence is a defence both to an action in negligence and breach of statutory duty.In general, however, the carelessness of employees as claimants is treated more laxly than the negligence of employers, even where liability rests upon the vicarious responsibility of the employer for the negligence of another employee. Smith v. Baker 1891 AC 325 When a workman engaged in an employment not in itself dangerous is exposed to danger arising from an operation in another department over which he has no control the danger being created or levyd by the negligence of the employer the mere fact that he undertakes or continues in such employment with full knowledge and understanding of the danger is not conclusive to show that he has undertaken the risk so as to make the maxim Volenti non fit injuria applicable in c ase of injury.The question whether he has so undertaken the risk is one of fact and not of law. And this so both at common law and in cases arising under the Employers Liability Act 1880. The plaintiff was employed by railway contractors to drill holes in a rock cutting near a crane worked by men in the employ of the contractors. The crane lifted stones and at times swung over the plaintiffs head without warning. The plaintiff was fully aware of the danger to which he was exposed by thus working near the crane without any warning being given, and had been thus employed for months. A stone having fallen from the crane and injured the plaintiff, he sued his employers in the County Court under the Employers Liability Act 1880.HELD the House of Lords, reversing the decision of the Court of Appeal (Lord Bramwell dissenting), that the mere fact that the plaintiff undertook and continued in the employment with full knowledge and understanding of the danger arising from the systematic negl ect to give warning did not preclude him from recovering that the evidence would justify a finding that the plaintiff did not voluntarily undertake the risk of injury that the maxim Volenti non fit injuria did not apply and that the action was maintainable. ICI v. Shatwell 1965 AC 656 G and J who were brothers, were certificated and experienced shotfirers employed by ICI Ltd.By their employers rules, and by reg 27(4) of the Quarries (Explosives) Regulations 1959, G and J were required to ensure that no testing of an electric circuit for shotfiring should be done unless all persons in the vicinity had withdrawn to shelter. The statutory duty was imposed on G and J, not on their employers. The risk, which had been explained to G and J, was of wrong explosions. On the day of the accident, while a third man had gone to fetch a yearlong cable so that a shotfiring circuit, which had been made in the course of their employment, could be tested from shelter, G invited J to proceed with h im to make a test in the open. G and J were injured by the resulting explosion.On appeal from an award of damages to G (both negligence and breach of statutory duty by J being found at the trial, and the award being of an amount reduced in respect of Gs contributory negligence) in an action by G against the employers as vicariously responsible for Js breach of duty HELD the House of Lords said that although Js acts were a contributing cause (Viscount Radcliffe dissenting as regards causation) of Gs injury, the employers were not liable because (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and recognized the risk (albeit a remote risk) of testing in a way that contravened their employers instructions and the stat utory regulations. (2) (per Viscount Radcliffe) each of them, G and J, emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other.Per Lord Pearce (Viscount Radcliffe concurring) the defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Editorial Note There was no breach of statutory duty by the employers the defence of volens was admitted against vicarious responsibility only The defence is not available to an employer on whom a statutory obligation is imposed as against liability for his own breach of that obligation. Staple v. Gypson Mines Ltd 1953 AC 663 The plaintiff claimed damages on behalf of her husband. There had been a mining accident. A roof fell in the element of the mine where the deceased was working and he was crushed.The deceased and another colleague had been told to bring the rest of the roof down however, they left part of the roof hanging and then continued working. HELD The House of Lords held that the employer was vicariously liable as Mr. Staple consented to continue working and such consent amounted to 80% contributory negligence. Fagelson (1979) 42 MLR 646 crest v. Ebbw Vale Steel Iron & Coal Ltd 1934 2 KB 134 The plaintiff brought an action for personal injury alleged to have been sustained by a workman through his employers breach of their statutory duty under s10 of the milling machinery and Workshop Act 1901, in not securely fencing a machine for rolling metal sheets in their factory. The workman in the course of his duty was cleaning the machine.To enable this to be done the rollers are set in motion. The safe and simple way to clean them is t o take ones stand at the back of the machine and apply emery-cloth or engineers waste over the iron bar to the upper part of the rollers for then all the seven rollers are revolving away from the operator. There was some evidence that he had been told to use this method, but it was of a vague and general kind. The employers pleaded that the alleged injury was caused solely by the workmans own negligence in attempting to clean the machine at a wrong part, and omitting to take reasonable care to prevent his left hand from coming into contact with the rollers.The judge held that the machine was dangerous and that it was not sufficiently fenced but that the workman had acted in disobedience to his orders without any good reason for so acting, and that his disobedience was the immediate cause of the accident. The judge also held that the defence of contributory negligence was open to the employers. Accordingly he gave judgment for the employers. The workman appealed to the Court of App eal, which affirmed the judgment of the trial judge. HELD The House of Lords held that judgment be entered for the employee. The decision of the Court of Appeal was reversed on the ground that the only contributory negligence relied on was disobedience to orders, and that the evidence at the trial was insufficient to prove that the alleged orders were ever given.Consideration was given by Lord Wright (at p214-5) of the circumstances in which contributory negligence may be pleaded as a defence to an action by a workman for personal injuries through a breach by his employers of their duty under s10 (1) (c) of the Factory and Workshop Act 1901, to fence securely all dangerous parts of the machinery in their factory. Per Lawrence J It is not for every risky thing which a workman in a factory may do in his familiarity with the machinery that he ought to be held guilty of contributory negligence 3. Breach of Statutory Duty (Employment) An employer may be under a statutory duty to provid e safety equipment to protect his employees from injury, especially where they are operating dangerous machinery.Generally, where a code provides a criminal penalty for an infringement of one of its provisions, the penalty is normally treated as the only liability to which the offender is subject, and no civil action is usually maintainable infringement against him by the victim of his criminal conduct. However, it has for long been recognised that the statutory duties imposed on an employer to enhance the safety of it employees may form the basis of an action for damages by an injured employee for breach of statutory duty. See Factories Act An employer who fails to provide equipment as required by statute will be liable for breach of statutory duty. An employee who is injured as a consequence of a breach of statutory duty must show 1. That the act which caused the damage was regulated by the statute 2.That he was one of the persons whom the statute was intended to protect and 3. T hat the damage suffered was of a kind that the statute was intended to prevent. The first two requirements are normally easy to satisfy, but the third may be problematic. Gorris v. Scott (1874) LR 9 Ex 125 A ship-owner was required by statute to provide pens for cattle on board his ship. He failed to do this, with the result that the plaintiffs cattle were swept overboard. HELD that the ship-owner was not liable for the loss, because the damage that the statute was intended to prevent was the spread of contagious diseases, not the sweeping overboard of the cattle. Close v. Steel Co of Wales Ltd 1962 AC 367It was held that a workman who is injured by a dangerous part of machinery which flies out of a machine and injures him cannot base a claim on the statutory obligation that dangerous parts of machinery shall be securely fenced, because the purpose of the statutory duty is to keep the worker out, not to keep the machine or its crossway in. Morris v. Seanem Fixtures Ltd (1976) 11 B arb LR 104, High Court Barbados The plaintiff was employed by the defendants as a shop-hand and fitter. Without being authorised or directed to do so by the defendants, she operated a planer at the factory, and in attempting to remove some wood shavings from the machine while it was still in motion, sustained injuries to her hand when it became caught in the machines rotating blades. She brought an action against the defendants for negligence and breach of statutory duty.HELD (a) the claim in negligence failed, since the plaintiff had not been directed or authorised to use the machine (b) the claim for breach of statutory duty succeeded. The cutting rotor of the planer was a dangerous part of a machine and the defendants were in breach of the duty imposed by s 10(1) of the Factories Act, Cap 347, in failing to fence or to provided some other safety device to prevent contact (c) the plaintiff was guilty of contributory negligence and her damages would be reduced by two-thirds. Walke r v. Clarke (1959) 1 WIR 143, Court of Appeal, Jamaica The plaintiff/respondent operated a dough-brake machine in the course of his employment at the defendants/appellants bakery. The machine had a revolving turntable to feed the dough to rollers, but, as this did not work atisfactorily, the respondent, on the instructions of the appellant, ply the dough to the rollers by hand. While attempting to remove some foreign matter from the machine whilst it was in motion, the respondent put his hand too close to the rollers and his fingers were crushed. HELD the rollers were a dangerous part of the machine and, as they were not securely fenced, the appellant was in breach of his statutory duty. Bux v. Slough Metals Ltd 1974 1 All ER 262 Nimmo v. horse parsley Cowan & Sons Ltd 1968 AC 107 4. Occupational Health & Safety Legislation This type of legislation applies to all forms of employment with only few exceptions, whereas the Factories legislations apply to only such establishments.Esse ntially, these Acts provide for the general duties of employers to their employees and to persons other than their employees the general duties of employees the rights of employees to refuse to perform dangerous work administrative and criminal sanctions for contravention of its provisions and specific duties in respect of the safety, health and welfare of those in the establishment. R v. Associated Octel Co Ltd 1997 IRLR 123 R v. Swan Hunter Shipbuilders Ltd 1981 ICR 831 R v. Gateway Foodmarkets Ltd 1997 IRLR 189 October 07, 2006 Worksheet II vicarious LIABILITY Employers are vicariously liable for the torts of their employees that are committed during the course of employment. The expression vicarious liability refers to the situation where D2 is liable to P for damages caused to P by the negligence or other tort of D1.It is not necessary that D2 should have participated in the tort or have been in any way at fault. D2 is liable simply because he stands in a particular relationshi p with D1. That relationship is normally one of master and servant, or in modern parlance employer an employee. DEVELOPMENT OF VICARIOUS LIABIITY In early medieval times a master was held responsible for all the wrongs of his servants. Later as the feudal system disintegrated, the command system emerged, under which a master was liable only for those acts of his servants which he had ordered or which he had subsequently ratified. Later still, with the development and expansion of industry and commerce, the command theory fell into disuse for two main reasons 1.Under modern conditions it was no longer practicable for an employer to always control the activities of his employees, especially those employed in large businesses and. 2. The greatly increased hazards of modern enterprises required a wider range of responsibility on the part of employers than that which had been imposed in earlier times. The theory of vicarious liability which ultimately emerged was that a master is liabl e for any tort committed by his servant in the course of the servants employment, irrespective of whether the master authorized or ratified the activity complained of, and even though he may have expressly forbidden it. The modern theory of vicarious liability is ground on considerations of social policy rather than fault.It may seem unfair and legally unjustifiable that a person who has himself committed no wrong should be liable for the wrongdoing of another, on the other hand, it may be argued that a person who employs others to advance his economic interests should be held responsible for any harm caused by the actions of those employees, and that the innocent victim of an employees tort should be able to sue a financially responsible defendant, who may in any case take out a policy against liability. The cost of such insurance will, of course, ultimately be passed on to the public on the form of higher prices. However, care should be taken not to hamper business enterprises un duly by imposing too wide a range of liability o employers. Therefore there is a requirement that a master will only be liable for those torts hich his servant committed during the course of his employment-that is, while the servant was doing his job he was employed to do. According to Michael A. Jones, Textbook on Torts, 2000, p379, several reasons have been advanced as a justification for the imposition of vicarious liability 1. The master has the deepest pockets. The wealth of a defendant, or the fact that he has access to resources via insurance, has in some cases had an unconscious influence on the development of legal principles. 2. Vicarious liability encourages accident prevention by giving an employer a financial interest in encouraging his employees to take care for the safety of others. 3.As the employer makes a profit from the activities of his employees, he should also bear any losses that those activities cause. Three questions must be asked in order to establish liabi lity 1) Was a tort committed? 2) Was the tortfeasor an employee? 3) Ws the employee acting in the course of employment when the tort was committed? SERVANTS AND INDEPENDENT CONTRACTORS A person who is employed to do a job may be either a servant or an independent contractor. It is important to decide which category he comes into, for whilst an employer is liable for the torts of his servants, he is generally not liable for those of his independent contractors.Various tests for establishing an individuals employment status have been developed through the cases (a) The control test This was the traditional test. According to Salmond and Heuston on the Law of Torts A servant may be defined as any person employed by another to do work for him on the terms that he, the servant, is to be subject to the control and directions of his employer an independent contractor is one who is his own master. A servant is a person engaged to obey the employers orders from time to time an independent co ntractor is a person engaged to do certain work, but to exercise his own discretion as to the mode and time of doing it he is bound by his contract, but not by his employers orders.A servant is employed under a contract of service, whereas an independent contractor is employed under a contract for services In Collins v Hertfordshire CC 1947 1 All ER 633, Hilbery J said The distinction between a contract for services and a contract of service can be summarised in this way In one case the master can order or require what is to be done, while in the other case he can not only order or require what is to be done, but how it shall be done. But in Cassidy v Ministry of Health 1951 1 All ER 574, Somervell LJ pointed out that this test is not universally correct. There are many contracts of service where the master cannot control the elan in which the work is to be done, as in the case of a captain of a ship.He went on to say One perhaps cannot get much beyond this Was the contract a con tract of service within the meaning which an ordinary person would give under the words? However, although the control test may be satisfactory in the most basic domestic situations, it has proved to be quite inadequate in the context of modern business enterprise, where large organisations commonly employ highly skilled professional persons under contracts of service, and yet do not or cannot control the manner in which they do their work. (b) The Organisation Test A useful alternating(a) to the control test, and one which is more in keeping with the realities of modern business, is what may be called the organisation test.This test was explained by Denning LJ in Stevenson, Jordan and Harrison Ltd v. Macdonald and Evans Ltd as Under a contract of service, a man is employed as part of a business, and his work is done as an integral part of the business whereas under a contract for services, his work, although done for the business, is not integrated into it but is only accessory t o it. Examples of servants of the organisation under this test include hospital doctors and nurses, school teachers, airline pilots, office clerical staff and factory workers. Examples of independent contractors include freelance journalists, attorneys, architects plumbers and taxi drivers driving their own vehicles. (c) The Multiple or Mixed TestThe three conditions suggested by MacKenna J in Ready Mixed Concrete (South East) Ltd v. Minister of Pensions, for the existence of a contract of service of employment are 1. the employee agrees to provide his work and skill to the employer in return for a wage or other remuneration 2. the employee agrees, expressly or impliedly, to be directed as to the mode of performance to such a degree as to make the other his employer and 3. the other terms of the contract are consistent with there being a contract of employment. In applying this test, the courts do not limit themselves to considering just those three factors.They consider a wide rang e of factors including the degree of control over the workers work his connection with the business the terms of the agreement between the parties the nature and regularity of the work and the method of fee of wages. LENDING AN EMPLOYEE/SERVANT If an employer lends an employee to another employer on a temporary basis, as a general rule it will be knotty for the first employer to shift responsibility to the temporary employer. Mersey Docks & Harbour Board v Coggins Ltd 1946 2 All ER 345 The appellants employed Y as a driver of a prompt crane. They hired out the crane, together with Y as driver, to the respondents, a stevedoring company, for use in unloading a ship.The contract between the appellants and the respondents provided that Y was to be the servant of the respondents, but Y was paid by the appellants, who alone(predicate) had the power of dismissal. Whilst loading the cargo, Y was under the immediate control of the respondents, in the sense that they could tell him which boxes to load and where to place them, but they had no power to tell him how to manipulate the controls of the crane. The House of Lords had to decide whether it was the appellants or the respondents who were vicariously liable for Ys negligence, and the answer to that question depended upon whether he was the respondents or the appellants servant at the time of the accident. HELD The House of Lords held that the driver remained the servant of the Board and thus the appellants were vicariously liable.Lord Porter said that in order to make the respondents liable, it was not sufficient to show that they controlled the task to be performed it must also be shown that they controlled the manner of performing it. And, where a man driving a mechanical device, such as a crane, is sent to perform a task, it is easier to infer that the general employer continues to control the method of performance, since it is his crane and the driver remains responsible to him for its safe keeping. These p rinciples were applied in the Bahamian case of Joseph v. Hepburn (1992) Supreme Court, The Bahamas, No 762 of 1989 (unreported). H engaged an independent contractor, S Ltd, to clear his land of bush.In the course of clearing the land, A, a tractor driver employed by S Ltd, encroached upon the plaintiffs adjacent land and destroyed a number of fruit trees. The main issue in the case was whether S Ltd, as general employer of A, was liable for As tort, or whether, as S Ltd alleged, the responsibility for the tort had been shifted to H as special employer. The contractual arrangement between H and S Ltd showed that H had identified the general area in which work was to be done and S Ltd arranged for its project manager to accompany H to the site to see what was required. S Ltd had delegated the tractor driver, A, to take instructions from H, but A wages were paid by S Ltd.HELD Thorne J said that whether A was to be regarded as the servant of the general employer, S Ltd, or whether he b ecame pro hac vice the servant of his particular employer H is a question of fact and depends upon an interpretation of the agreement made between S Ltd and H. His Lordship held that S Ltd had failed to discharge the heavy burden on it to shift to H its prima facie responsibility for the acts of the driver, and so A remained the servant of S Ltd. What was transferred was not the servant but the use and benefit of his work. Thorne J ultimately held that H had been negligent in his failure to give clear instructions to A with respect to the extent of his boundaries, and S Ltd was entitled to recover from H 10% of the damages that it was liable to pay to the plaintiff. COMMISSION OF A TORT BY THE SERVANTFor the master to be vicariously liable, the plaintiff must first prove the commission of a tort by the servant. As Denning LJ explainedto make a master liable for the conduct of his servant, the first question is to see whether the servant is liable. If the answer is yes, then the seco nd question is to see whether the employer must shoulder the servants liability. In other words, vicarious liability of the master arises only on the primary liability of the servant. RES IPSA LOQUITOR Sometimes, it may be difficult or impossible to prove affirmatively which one of several servants was negligent. As far as the liability of hospitals is concerned, it was established in Cassidy v.Ministry of Health that, where the plaintiff had been injured as a result of some operation in the control of one or more servants of a hospital authority, and he cannot identify the particular servant who was responsible, the hospital authority will be vicariously liable, unless it proves that there was no negligent treatment by any of its servants in other words, res ipsa loquitor applies. In the absence of authority to the contrary, there seems to be no reason why this principle should not apply to other master/servant relationships. THE course of study OF EMPLOYMENT/SCOPE OF EMPLOYMENT A n employer will only be liable for torts which the employee commits in the course of employment. There is no single test for this, although Parke B famously stated in Joel v Morison (1834) 6 C&P 501 at 503, that the servant must be engaged on his masters business, not on a frolic of his own. A tort comes within the course of the servants employment if 1. t is expressly or impliedly authorised by his master or 2. it is an unauthorised manner of doing something authorised by his master or 3. it is necessarily incidental to something which the servant is employed to do. Although this definition is easy enough to state, the second and third circumstances in particular have proved to be very difficult to determine in practice, and it is now accepted that the question of whether a servants act is within the course of his employment is ultimately one of fact in each case. Some relevant factors which the courts take into account when considering the question include 4. Manner of doing the w ork the servant was employed to doA master will be liable for the negligent act of his servant if that act was an unauthorised mode of doing what the servant was employed to do. The classic example is Century Insurance Co Ltd v. Northern Ireland Road Transport Board There, the driver of a gun tanker, whilst transferring gasoline from the vehicle to an underground tank at a filling station, struck a match in order to light a cigarette and then threw it, still alight, on the floor. HELD His employers were held liable for the turn up explosion and fire, since the drivers negligent act was merely an unauthorised manner of doing what he was employed to do. Beard v. London General Omnibus Co 1900 2 QB 530The employers of a bus conductor who took it upon himself to turn a bus around at the terminus and, in so doing, negligently injured the plaintiff, were held not liable because the conductor was employed to collect fares, not drive buses, and his act was entirely outside the scope of hi s employment. 5. Authorised limits of time and place A relevant factor in determining whether or not a servants tort is within the course of his employment is the time or place at which it is committed. As regards time, where a tort is committed during working hours or within a reasonable period before or after, the court is more likely to hold the employer liable for it.Thus, in Ruddiman and Co v. Smith (1889) 60 LT 708, where a clerk turned on a tap in the washroom 10 minutes after office hours and forgot to turn it off before sack home, his employers were held liable for the consequent swamp of adjoining premises. The use of the washroom by the clerk was an incident of his employment and the negligent act took place only a few minutes after working hours. As regards the place where the tort is committed, a difficult question which has frequently come before the courts is whether a driver/servant is within the course of his employment where he drive negligently after making a ro undabout way from his authorised route.The principle to be applied in these cases was laid down by Parke B in Joel v. Morrison (1834) 172 ER 1338 If he was going out of his way, against his masters implied commands, when driving on his masters business, he will make his master liable but if he was going on a frolic of his own, without being at all on his masters business, the master will not be liable. Whether a detour by the servant amounts to a frolic of his own is a question of degree, and both the extent of the leaving and its purpose will be taken into account. Dunkley v. Howell (1975) 24 WIR 293 R was employed to drive Mrs W in the defendant/appellants car to May pen and thereafter to Mrs.Ws home at Mocho, where the car was to be garaged. On reaching May pen, Mrs. W remained there, but R drove the car to Thompson Town for his own private purposes. On his way back from Thompson Town, R negligently ran into the back of the plaintiff