Tuesday, May 12, 2020

Meaning of Baron Through Medieval Times and After

In the Middle Ages, baron was a title of honor given to any nobleman who pledged his loyalty and service to a superior in return for land that he could pass on to his heirs. The monarch was usually the superior in question, although each baron could parcel out some of his land to subordinate barons. Read on the learn about the etymology of the term and how the title has changed over the centuries. The Origins of Baron The term baron is an Old French, or Old Frankish, a word that means man or servant. This Old French term derives from the Late Latin word, baro. Barons in Medieval Times Baron was a hereditary title that arose in the Middle Ages that was given men who offered his loyalty in exchange for land. Thus, barons usually possessed a fief. During this time period, there was no specific rank associated with the title. Barons existed in Great Britain, France, Germany, Italy and Spain. Decline of the Baron Title In France, King Louis XIV diminished the prestige of the baron title by making numerous men barons, thus cheapening the name.   In Germany, the equivalent of a baron was freiherr, or free lord. Freiherr at first connoted a dynastic status, but eventually, the more influential freiherrs  rebranded themselves as counts. Thus, the freiherr title came to mean a low class of nobility.   The baron title was abolished in Italy in 1945 and in Spain in 1812. Modern Usage Barons are still a term used by certain governments. Today a baron is a title of nobility ranking just below that of a viscount. In countries where there are no viscounts, a baron ranks just below a count.

Wednesday, May 6, 2020

Mt 355 Unit 2 Free Essays

Kinshasa Abroad – African Cuisine and Culture Jennifer Johnson MT/355 – Marketing Research Theodore Alex 5/1/2012 Introduction The purpose of this paper is to refer to the case Kinshasa Abroad – African Cuisine and Culture, define the problems that appear regarding this case, and trying to find answers and solutions to these problems. As it can be noticed in the case, there are marketing problems regarding this business. There are two questions that need to be addressed. We will write a custom essay sample on Mt 355 Unit 2 or any similar topic only for you Order Now The first question is about the type of information that needs to be collected to help diagnose the marketing problem in this case. The second question, however, it is interesting because it asks to create a list of probing questions that should be asked the owner of the restaurant to help him specify research problems and also the manager’s decision problem. Kinshasa Abroad The case goes this way. Youlou Kabasella is an African entrepreneur that had a business running in his own country. It was a restaurant that was opened for more that 14 years. However, since the political context was not advantageous, the owner decided to move with his family in the United States. He manages to open the same business he had in his home country, in the downtown area of Columbus, Ohio. However, the strategy chosen by the entrepreneur with respect to his business may not be appropriate since it does not show any positive results. He considered keeping most of the aspects of his business similar to his home country. The paper tries to identify the problem and spot certain solutions through marketing research. Before getting deeper into this concept, the term marketing research must be defined. According to Churchill, Brown, and Suter (2008), marketing research represents the function that connects the consumers to the marketer through information that is used in identifying and defining marketing problems and also opportunities. Marketing research helps generating, refining, and valuating marketing actions; it helps monitoring performance and it enhances the understanding of marketing as a complete process. A research consultant requires various valuable data from Mr. Kabasella to identify the problem of his inefficiency. At first, a marketing consultant would require Kabasella information about his advertising and promotion practices, about the local customer preferences and habits, precise information about the prices and his menu and business activities, and other information as well. Here is a list of questions that a marketing consultant addresses Kabasella to help him with his business problems: 1. How come most of your products are African based? 2. Why did you choose to advertise without using the most important advertising mean which is the Internet? 3. Did you consider doing a marketing analysis to determine your potential competition in this area? 4. Did you consider offering free meals or other points of attraction to try and increase the number of customers? 5. Did you consider selling more local products? Conclusion These from above are only few of the potential questions that a marketing researcher needs to ask the employer to help him with his problems. The marketing researcher needs to focus identifying the competition for this company; it also needs to focus on advertisements and promotion to include the company in the list of the customers. The will have to find the proper marketing mix, which refers to product, place, price, and promotion (the four Ps of marketing) to help the company become more efficient and profitable. It clearly needs to add more local meals and drinks to its menu; it needs to use and promote local bands in the restaurant because clients would come and serve meals that they are aware of (at first), and then they may try to choose the African specialties. There are many elements to be considered; the solution to this case is not difficult to be identified and implemented. Reference Churchill, G. A. , Brown, T. J. , Suter, T. A. (2008). Basic Marketing Research (7th Ed. ). Cengage Learning. How to cite Mt 355 Unit 2, Essay examples

Sunday, May 3, 2020

Japanese Temple Architecture Essay Example For Students

Japanese Temple Architecture Essay Architecture has always been a reflection of nations customs and traditions. According to Robert Treat Paine et. al. (1955), ancient religious architectural monuments of Japan are Shinto and Buddhist places of worship like shrines, monasteries and temples. Temple architecture in Japan began to develop shortly after the spreading of basic doctrines of Buddhism in the middle of the VI century from the Korean state Paekche. Buddhist belief was not only a new and very profound philosophy for Japanese, but one of the most impressive examples of a developed culture of the Asian continent. By the end of the VI century Japan has built up impressive monasteries based on the continental model, and by mid-VIII century it has developed a national system of building temples. Pagoda was the main element of Buddhist religious architecture. Like other buildings of the temple, this element was complex because of the sculptural and pictorial images saved as a real line with the ideas of faith. During the classical (VIII-XII cc.) and the medieval (XIII-XVI cc.) periods Buddhist architecture was leading in introduction of new structural and ornamental features. Thus, the Buddhist structures were crucial not only for Japanese architecture, but also for all Japanese art (Paine, et. al., 1955). Shinto, or the way of the gods, was a common Japanese religion. The roots of its architecture were dated back to the origins of Japanese civilization. Shinto temples had their own unique forms. For example, the construction of the magnificent sanctuary of Ise embodied the best of Japanese traditions even though different aesthetic simplicity that drew the most ancient forms of architecture (Paine, et. al., 1955). Plans for a larger number of Shinto Shrines acquired mature form only in the VIII because at that time Japan was already under deep influence of Buddhism, which led to the close connection between two religions in the history of architecture. Thus, the temple Toshogu Shrine in Nikko, the mausoleum of the first Shogun Tokugawa, looks, as a Buddhist structure at first glance because of the thin ornament, though it is Shinto. Outline1 Shinto Temples2 The Overall Layout of Shinto Temples3 Buddhist Architecture4 Buddhist Complex Layout5 Japanese temple-monastery originally consisted of seven elements: Shinto Temples Shinto was formed long before the acquisition by the Japanese written language and had no sacred books of the prophets or the founders of the doctrine (Metevelis, 2002). There is no doctrine itself, which is a characteristic of paganism. In Shinto Gods, or kami in Japanese (which literally means the one who is above), were everything that could have a soul. Later, a certain dogmatic base was made up because of the influence of Buddhism. Animist religion worships not only anthropomorphic deities, but also attributed elements of nature, especially certain mountains and trees that inspire awe. Early shrines did not have the monumental architecture of late Shinto structures. For some shrines like the sanctuary Miwa (Nara Prefecture) and Kanasana (Saitama Prefecture) the main object of worship was a mountain. Even today they do not have a building that could be attributed to as main hall (honden). They are enclosures that are considered sacred sites. This is usually a rectangular area covered by pebbles, surrounded by stones and by a bunch of straw, which connects the four corner posts. Indeed, the center of the sanctuary Miwa is a massive rock on Mount Miwa. Sometimes in the middle of such a sacred place there is a stone (Iwasaki), or pole, or a tree (himorogi). At the base of the mountain is a small hall for worship (hayden) and Torii specific poles and gates, that mark the Shinto shrine. .uff1755934b85ee5d6204a199c38a937b , .uff1755934b85ee5d6204a199c38a937b .postImageUrl , .uff1755934b85ee5d6204a199c38a937b .centered-text-area { min-height: 80px; position: relative; } .uff1755934b85ee5d6204a199c38a937b , .uff1755934b85ee5d6204a199c38a937b:hover , .uff1755934b85ee5d6204a199c38a937b:visited , .uff1755934b85ee5d6204a199c38a937b:active { border:0!important; } .uff1755934b85ee5d6204a199c38a937b .clearfix:after { content: ""; display: table; clear: both; } .uff1755934b85ee5d6204a199c38a937b { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uff1755934b85ee5d6204a199c38a937b:active , .uff1755934b85ee5d6204a199c38a937b:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uff1755934b85ee5d6204a199c38a937b .centered-text-area { width: 100%; position: relative ; } .uff1755934b85ee5d6204a199c38a937b .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uff1755934b85ee5d6204a199c38a937b .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uff1755934b85ee5d6204a199c38a937b .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uff1755934b85ee5d6204a199c38a937b:hover .ctaButton { background-color: #34495E!important; } .uff1755934b85ee5d6204a199c38a937b .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uff1755934b85ee5d6204a199c38a937b .uff1755934b85ee5d6204a199c38a937b-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uff1755934b85ee5d6204a199c38a937b:after { content: ""; display: block; clear: both; } READ: History atomic bomb EssayThe existing complex had shrines constructed in order to pray the gods for a bountiful harvest, or to express gratitude for good crops. These earliest places of worship shrines prototypes were found in the center of the village or near mountains, boulders and other places where, as people believed, gods lived. These shrines were simple pits considered to be the guardians of life and prosperity. Their original design featured a temporary nature. Their form was unknown, but one can assume that they were similar to the shrines Mikos, transported on poles during the holidays in honor to increase harvest. For example, placement of sanctuaries Kasuga a nd Camo on the rocks suggests that they originally were there (Rynolds, 2001). The Overall Layout of Shinto Temples There is tendency for all Shinto temples layout. An important part of Shinto religious architecture is the gates to the temple called Torii (Japanese Architecture, 2009). Torii are arches, resembling a Greek letter ? with two beams. The upper beam is longer and slightly concave than the other one. Previously, they were built only of wood and always painted in red. They were followed by a steam statue Korean dogs that suppressed evil spirits. A common Shinto temple complex consisted of two or more buildings. The main building designed for kami was called honden. A hall for prayers was called hayden; this was the place for an altar (Japanese Architecture, 2009). In the main room there was Xingtai (literally it means the body of Kami). It was believed that the soul was infused in Xingtai kami. Body of kami could be a stone, a tree branch, a mirror, a sword, or a wooden plaque on which is written the name this god. Besides the two main buildings of the temple complex, there could be included other auxiliary structures such as a hall for offerings, sinsendze (a place for making sacred food), syamuse (a space for an audience), haraidze (a place for spells), kaguraden (a stage for dancing), etc. There were special pools for ritual washing of mouth and hands between Torii and honden. Buddhist Architecture In mid VI century Japan established as a state. At the same time, Buddhism has spread in the country a world religion that came to Japan from China via Korea. Buddhism became the vehicle of not only the new ideology of society, but also new forms of art (Slessor, 2001). The penetration of Buddhism into Japan, which was connected so important to the medieval art of human perception of unity of spirit and flesh, heaven and earth, was reflected in the development of Japanese art, particularly architecture. Buddhism brought to Japan not only new architectural forms, but also new technology development. This brought development of a special layout of the temple complex for Japanese temple construction. The most important technical innovation was the construction of stone foundations. In ancient Shinto buildings, the whole weight of the building was from dug into the ground in piles, which, naturally, limited the size of buildings (Cram, n.d.). Starting from the Asuka period (552-645), ro of with curved surfaces and raised angles were spreading. Today it is impossible to imagine Japanese temples and pagodas curved roofs from the Asuka period. Buddhist Complex Layout Buddhist temple complexes differed in layout depending on whether they were built in the mountains or the plains. Those temples that were built on the plains had symmetrical arrangement of buildings. Temples that were built in the mountainous terrains were not symmetrical. Therefore, architects had to find a concrete solution every time to the most convenient arrangement of buildings of the temple complex (Coaldrake, 1996). Japanese temple-monastery originally consisted of seven elements: External Gate (Samoan) Principal, or Golden Hall (Kondo) Hall for sermons (Kodo) Drum or Bell Tower (coronal or suro) Repository sutras (Kedzie) Treasury (sesoin) and, finally, Tiered pagoda. .udf313efec7843bab7a0f45abedced96a , .udf313efec7843bab7a0f45abedced96a .postImageUrl , .udf313efec7843bab7a0f45abedced96a .centered-text-area { min-height: 80px; position: relative; } .udf313efec7843bab7a0f45abedced96a , .udf313efec7843bab7a0f45abedced96a:hover , .udf313efec7843bab7a0f45abedced96a:visited , .udf313efec7843bab7a0f45abedced96a:active { border:0!important; } .udf313efec7843bab7a0f45abedced96a .clearfix:after { content: ""; display: table; clear: both; } .udf313efec7843bab7a0f45abedced96a { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .udf313efec7843bab7a0f45abedced96a:active , .udf313efec7843bab7a0f45abedced96a:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .udf313efec7843bab7a0f45abedced96a .centered-text-area { width: 100%; position: relative ; } .udf313efec7843bab7a0f45abedced96a .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .udf313efec7843bab7a0f45abedced96a .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .udf313efec7843bab7a0f45abedced96a .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .udf313efec7843bab7a0f45abedced96a:hover .ctaButton { background-color: #34495E!important; } .udf313efec7843bab7a0f45abedced96a .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .udf313efec7843bab7a0f45abedced96a .udf313efec7843bab7a0f45abedced96a-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .udf313efec7843bab7a0f45abedced96a:after { content: ""; display: block; clear: both; } READ: Forgiveness EssayCovered galleries along with the temple gates often represented a notable architecturally separate building. The complex also included living quarters for monks and a dining hall. Conclusion Architecture of temples in Japan reflects the historical development of the state. Temples of Shintoism and Buddhism influenced each other from the beginning. The construction of temples was rethinking in the visual-sensual form of the major tenets of doctrine. Shinto gods led nature and the fate people while Buddhism provided peace in the country. Above all, a temple had to symbolize a house of God, and the architects did everything in order to deliver these feelings to peole. First building of temples was concentrated on large size and strength. Later they had more artfully decorated interior and exterior details. The development of religious thought and spreading the faith is closely connected with the construction of temples. Also, depending on the type of governments, ruling in a given period, the temple complex bore those imprints. The protection of a supreme class partly determined stylistic characteristics of the buildings in the monastery ensemble. Thereafter, when the country is actually ruled by the military class, the church was inclined to trend higher decoration of external and internal parts of the structure.

Thursday, March 26, 2020

Kelly V. Movie Theater free essay sample

Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages. Special Duty – Land Occupier Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters the land with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe. Kelly went to the Movie Theater to see a movie. Hence, Kelly is a social guest entering with Movie Theater’s permission and thus an invitee. Because Kelly was an invitee, The Movie Theater owed a duty to Kelly to inspect the premises, discover, and remove any known dangers. Breach The Movie Theater knew that restroom sink pipe was broken and did not warn Kelly, or any other patron, of the leaky sink pipe in the restroom. We will write a custom essay sample on Kelly V. Movie Theater or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Theater did not warn of water in front of the restroom sinks. Their failure to warn Kelly of the dangerous condition was a breach of their duty of due care. However, the Movie Theater will argue that they did call for a plumber to fix the pipe and the plumber could not come until the following day. Further, they sent an employee into the restroom to mop up the water every 15 minutes. However, Movie Theater should have placed some type of warning of the water. Therefore, Movie Theater breached their duty of due care owed to Kelly. Actual Causation â€Å"But for† the failure to warn of the water in front of the restroom sink in the girls restroom Kelly would not have slipped on a puddle of water and suffer a painful shoulder injury. Thus, the Movie Theater is the actual cause of Kelly’s injuries Proximate Causation It is foreseeable if you fail to warn of a puddle of water on the floor, that one could slip and become injured. Therefore, Movie Theater is the proximate cause of Kellys injures. General Damages General damages are those damages that flow from the tort. Plaintiff must have sustained actual damages to person or property to recover for negligence. Kelly suffered a painful shoulder. She should recover general damages for her pain and suffering. Therefore, general damages are recoverable. Special Damages Plaintiff may recover for any medical damages or lost of income if specifically plead. Kelly should be able to recover damages for out-of-pocket expenses related to the hospitalization and other related medical care for her shoulder. Therefore, special damages if plead and proven are recoverable. B. Cindy and Sandy v. Movie Theater Negligence Duty Trespasser A trespasser is one who comes upon the land without the permission of the owner. The general rule is that there is no duty owed to a trespasser. Cindy and Sandy broke into the Movie Theater after it had closed for the night. Thus, they came upon the land without the permission of the Movie Theater. Movie Theater will argue since Cindy and Sandy were trespassers there is no duty owed. Therefore, there is no duty of care owed to Cindy or Sandy. General Duty – Rowland v. Christian However, pursuant to Rowland v. Christian, a minority rule, Movie Theater owes a duty to act as a reasonable person under the same or similar circumstances. Thus, Movie Theater had a duty of due care to make sure that anyone coming onto the premises did so without harm. Therefore, Movie Theater owes a duty of due care to Cindy and Sandy. Breach Since Movie Theater’s employee left the vacuum plugged in and because there were no lights in the Theater, Cindy tripped over a cord that was left plugged in across the aisles and fell head first into a row of seats. Further, Sandy ran to the restroom to get some paper towels for Cindy’s face that was bleeding and slipped on the wet floor because it was dark in the Theater and she did not see the wet sign posted in the restroom. Movie Theater did not act as a reasonable prudent person would have under the same or similar circumstances. Their failure to warn Cindy of the cord across the movie aisle, and the failure to make sure persons using the restroom would be able to see the sign created a dangerous condition which was a breach of their duty of due care. Therefore, Movie Theater breached their duty of due care. Actual Causation â€Å"But for† Movie Theater’s failure to properly warn of the cord running across the aisle and the failure to properly warn of the wet restroom floor, Cindy and Sandy would not have been injured. Thus, Movie Theater was the actual cause of Cindy’s and Sandy’s injuries. Proximate Causation Cindy and Sandy will argue that there injuries from their falls was a foreseeable result from falling over a cord that was across the aisle and a wet floor in the restroom. Movie Theater will argue that the independent contractor who was cleaning the Theater left the plugged cord from the vacuum across the aisle and he was an intervening act. However, the independent contractor may be an indirect act, but foreseeable and thus will not sever causation to relieve defendant of liability of the intervening negligence. As discussed Movie Theater failed to properly warn Cindy of the cord and Sandy of the wet floor, and therefore it is foreseeable one could be injured by water on the floor. Therefore, Movie Theater is the proximate cause of all of Cindy’s and Sandy’s injuries. Damages Defined supra. Cindy and Sandy suffered injury. They will recover general damages for their pain and suffering. C. Ed v Movie Theater Negligence Defined supra. Negligence Per Se – Violation of Statute Negligence per se by violation of statute is where there is a clear intent to legislate in order to protect a class of persons to be protected from the type of injury suffered. To establish negligence per se, you need to look to the intent of the legislature in creating the statute, you must be a member of the class the statute is designed to protect and the injury must be the type the legislature is trying to prevent. Under majority jurisdictions, violation of the statute means the defendant is negligent as a matter of law establishing both a duty and a breach. Under some minority jurisdictions, violation of the statute creates a rebuttable presumption of negligence, while in other minority jurisdictions it is only evidence of negligence. Movie Theater is required to illuminate the auditorium aisle with one candle unit of light per linear foot. The intent of the legislature is to protect persons from being injured in the Theater who need to leave safely in case of an emergency when they leave the Theater. Further, the legislature intended to protect Patrons of the Theater. As such, Ed was a patron of the Theater and is a member of the class that the statute was designed to protect. Although the movie Theater has illuminated auditorium aisles a patron spilled is super giant coke on the floor shorting out the floor lights for the entire auditorium. The movie Theater sells drinks to patron and a spill caused the entire lighting for the aisle to go out. The fact Theater has no lighting shows they violated the statutory requirement of one candle unit of light per linear foot. Since Ed was a patron in the Theater at the time he was injured, the intent of the legislature was to protect him from falling from unseen object on the floor or tripping do to no lighting. Therefore, Movie Theater’s violation of the statutory lightening requirement is negligence per se. Common Law Negligence Duty Defendant has a duty to act as a reasonable prudent person under the same or similar circumstances. Movie Theater owes their patrons a duty to illuminate the aisles in order for patrons to see where they are going. A reasonable prudent person would take steps reasonably necessary to assure that if a spillage does occur that the entire lighting of the aisles does not short out. Thus, a reasonable movie Theater would have lighting throughout the auditorium. Therefore, Movie Theater owes a duty of care to Ed. Breach A breach is a failure to act as a reasonable prudent person under the same or similar circumstances. Patron purchased a drink at the Theater and spilled super coke shorting out all the floor lights for the entire auditorium. A reasonable Theater would either have a backup system for lighting, or when a spillage occurs the lights where the spilled occurred would only be effected versus the entire floor. Thus, Movie Theater’s conduct by failing to have any lights on the entire floor fell below the reasonable person standard of care. Therefore, Movie Theater breached their duty owed to Ed. Actual Cause â€Å"But for† the lights shorting out Ed would not have slipped on the puddle of coke spilled on the floor and suffer from a broken ankle. Thus, Movie Theater was the actual cause of Ed’s damages. Proximate Cause It is foreseeable that if all the floor lighting goes out that a patron could slip on food or drinks that have been spilled by another patron and be injured. Therefore, Movie Theater was the proximate cause of Ed’s damages. Damages Plaintiff must also have sustained actual damages to person or property to recover for negligence. Due to the puddle of coke left on the floor and no floor lights to enable a patron to see the spilled coke Ed would not have suffered a broken ankle. Therefore, Ed will recover damages for his injury to his ankle. Mrs. Witkins v Movie Theater Negligence Defined supra Special Duty – Land Occupier Invitee Defined supra. Mrs. Witkins went to the Movie Theater to see a movie. Hence, Mrs. Witkins is a social guest entering with Movie Theater’s permission and thus an invitee. Because Mrs. Witkins was an invitee, The Movie Theater owed a duty to Mrs. Witkins to inspect the premises, discover, and remove any known dangers. Breach The Movie Theater knew that there could be a potential spillage of drink or food since they did sell them to the patrons who came to their movie Theater. Theater did not warn of the floor lightening being out or of the puddle of coke on the floor. Their failure to warn Mrs. Witkins of the dangerous condition was a breach of their duty of due care. Therefore, Movie Theater breached their duty of due care owed to Mrs. Witkins. Actual Causation – Successive Tortfeasor But for† the successive negligent act of the Patron spilling the coke and leaving it on the floor causing all of the floor lighting to go out and Movie Theater’s act of not having additional lighting or monitoring for spills, Mrs. Witkins would not have sustained an allergic reaction. Thus, Movie Theater is the actual cause of Mrs. Witkins’ injuries. Proximate Causation It is foreseeable if you fail to warn of a puddl e on the floor, or no lights illuminating the floor that one could slip and become injured. Movie Theater will contend that it was not foreseeable that the Dr. Pepper and popcorn would cause anything beyond a mere mess. Mrs. Witkins is suffering from an allergic reaction which was not foreseeable. However, under the thin-skull Plaintiff doctrine, one takes the Plaintiff as one finds her. Thus, Mrs. Witkins’ reaction to the Dr. Pepper and popcorn would be foreseeable. Therefore, Movie Theater is the proximate cause of Mrs. Witkins’ injures. General Damages Defined supra. Mrs. Witkins suffered an allergic reaction to the spill. She should recover general damages for her pain and suffering from her allergy.

Friday, March 6, 2020

to kill a mockingbird1 essays

to kill a mockingbird1 essays Jean Louise Finch "Scout" and her brother Jem, live with their father, Atticus, in Maycomb, Alabama. The summer before Scout starts school she and her brother make a new friend, Dill. After several stories Dill becomes fascinated with the Radley house, where Mr. Nathan Radley lives with his brother "Boo", who hasn't been seen for years. When Scout starts school in the fall she and Jem find presents left for them in a knot hole of a tree in the Radley's front yard. The next summer when Dill comes back the three kids act out Boo's "life". When Atticus becomes aware of this he puts a end to it right away. On the last day of Dill's visit the three kids go to the Radley's house hope to "sneak a peak". When they hear a gun shot they run and crawl out from underneath a fence, where Jem loses his pants. When Jem returns for them they are mended up and hanging on the fence. When fall returns the presents return, but eventually Mr. Radley fills the hole up with cement. Shortly after that there is a fire at a neighbors. While scout was watching the fire someone had came up and put a blanket on her shoulders. When Jem is convinced it was Boo he tells his father about everything from the pants to the presents in the tree. Atticus agrees to defend an African American man, Tom Robinson, who was accused of raping a white woman. Since Atticus had taken the case his kids were tormented by the kids at school. They were even tormented by their family while celebrating Christmas at Finch Landing. The next summer Aunt Alexandria came to live with Atticus, Jem, and Scout. That same summer Dill had ran away from his home to Maycomb. The night before Tom's trial a mob had gathered around his jail cell. When the three kids arrived Scout had convinced the mob to leave. At the trial Atticus had given very clear evidence that the accusers, Bob and Mayella, were lying. It was so clear that Jem, Dill, and Scout knew that Tom was i...

Wednesday, February 19, 2020

The chartered institute of logistics and transport Essay

The chartered institute of logistics and transport - Essay Example The mission statement has always been "Your Career Partner" and it has over 30,000 members in 28 national sections of the CILT across the world. Through its national councils and sections around the globe, it offers information, guidance, forecasts, scientific knowledge, and educational courses with qualifying examinations, seminars, conventions, constructive partnerships, professional development and many kinds of assistance. It had classified the branches into groups and regions for good and easy governance. The network contact is in more than 50 countries. Her Royal Highness, The Princess Royal, the Institute's patron, takes great interest in CILT's activities. Organisation has Vice President for Supply Chain Innovation at the International Consultancy, Solving International, and Chairman and Chief Executive at the topmost level, who had been functioning mostly in an authoritarian style. The organisation has a very high international profile, even though it had not been easy for it to build it up. Its management had always been of the best quality and they hire people from very well known organisations like Price water Coopers, who already have tremendous experience of running international giants. In spite of it, it had been facing management crises for sometime now, with new areas to make unprecedented moves and decisions opening up all the time. It had been, no doubt the authoritarian style of management and the decisions were always taken by the topmost authorities, with the expectation that the lower ranks would fall in line with those decisions, and it had been happening so. But now with the changed circumstances, even organisations like Price Water Coopers are facing enormous problems due to culture clash and diverse organisational set-ups and conflicting working environments and mostly, they avoid these problems by taking local people as partners in the company and interfering in the company matters as less as possible. The main area where research should be done and conclusions to be drawn is communication that leaves much desired. "While the effect of communication apprehension on a multitude of psychological and performance variables has been studied in many other disciplines, it has not been extensively examined by sales researchers" http://www.apmforum.com/emerald/cross-cultural-management.htm The international organisations have noticed that employing local people had always been not the best of the alternatives. But under the circumstances, there is no other better alternative. People representing different cultures and countries, speaking languages other than English, being used to different working environments have posed a challenge to the working style and management ways of these organisations. It had not been very easy for the said organisation to get over the barriers and come into terms with the frustratingly diverse ways of local employees. This in spite of CILT being an international player for a long time, and that has not helped enormously. Values, beliefs, business dealings, conversation, language, ways of discussion and decisions, interactions, food habits, all are different and cultures

Tuesday, February 4, 2020

How can the Internet and related technologies assist organisations Essay

How can the Internet and related technologies assist organisations with creating customer value through personalisation and mass - Essay Example E-marketing is not just the development of a website for a company, rather it also includes other activities, such as, online communications between customers and the company, direct dialogs with the customers, finding methods to gain customers’ fidelity, and creating customer value. Upson (2010) states, â€Å"EMarketing allows businesses to easily find potential customers that might have a special interest in their product†. 2. Communication Tools for E-marketing Business communication includes transfer of all planned and unplanned messages between the company and its customers. Planned messages include informing or persuading the target market whereas unplanned messages include publicity in media and word of mouth among the customers. It is not possible for the companies to manage unplanned messages directly. Therefore, they use different communication tools to create a good impact on the customers. There are different communication tools available for E-marketing, wh ich include advertising, selling, PR, direct mail, sales promotion, sponsorship, and exhibitions. These communication tools not only help the companies create awareness about their products and services among the public all over the world but also play an effective role in creating customer value. ... Companies tell the public about the specifications of their products through online advertisements, which they place on famous, search engines and websites. Pay per click advertising and interactive advertisements are very beneficial for the companies because they attract a large number of people towards the company’s products. Through pay per click method of advertising, companies pay the people who click their ads on the websites. Pay per click can be successful for the companies if they advertise on a large number of relevant phrases, build different ads for every phrase, send visitors to the most suitable web pages, and measure return on the investments. This mode of online advertising attracts a large number of people towards a company’s products and services. Customers also feel valued when the companies pay them as a reward for clicking their ads and buying the products. 2.2 Selling Selling is another activity included in E-marketing. Companies use different meth ods to sell their products to the customers, such as, virtual sales staff and online chat. Customers can chat with the sales representatives of a company using company’s website in order to get relevant information about the products. Online chat is one of the most important elements of an online company. Companies cannot create customer value if they hire ill-mannered sales staff because such staff members do not possess the ability to attract customers towards the companies. Companies need to take advantage of good interactivity and mass communication in order to gain customer value and achieve competitive advantage in the market. 2.3 Public Relations Marinating good public relations is