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Duty Of Care Health And Social Care
Unit 1
Principles for implementing duty of care in health, social care or children's and young people's settings
1Understand how duty of care contributes to safe practice
(a) What it means to have a duty of care in one's own work role
A duty of care is a legal obligation to all Health and Social carers and professionals who have to act in the best interests of individuals and others, also
not to act or fail to act in a way that results in harm.
This duty of care can be a general implied minimum standard of care or can be outlined in different codes of practice or guidelines in various
legislation. This duty of care can also be more specific and defined in specific legislation for example Equality Act 2010 or the... Show more content on
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For example there is a set procedure if a person refuses to take their medication and all the steps and subsequent actions are detailed here to provide
additional guidance. Similarly there is a set policy and procedure for any medication error. The support worker can refer to this document to find out
who to contact, what to do, who to inform and what forms to fill.
If a support worker needs additional or professional advice the Northern Ireland Social Care Council (NISCC)
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Chintale and Clinton Crm
chintale and clintonChantale and Clinton
1. What were Chantale and Clinton's service expectations? How did they develop?
п‚· The service expectations of Chantale and Clinton were
1. Good repair service and proper timely customer complaint redressal
2. They wanted a new refrigerator that would save energy and also be environment friendly.
3.Less vibration and the good performance by the new refrigerator.
4.They wanted value for money They developed these expectations because they owned the refrigerator of Bryand brand for 25 years that was still in
good working condition. Almost every product in all the same company and they were satisfy with every product . 2. What is your evaluation of the
Canadian's ... Show more content on Helpwriting.net ...
The Canadian had been in business for long time ,so a bit of complacency had started to build in as they were a very trusted and one of the largest
department store chain in Canada. Their customer redressal system was not up to date and a lot of operational changes could have been done to make
the repairing services moretimely and effective.The employees of the company communicated only by email which could be changed .
Their policies were very customer oriented but there was no proper authority in place to check that the companies processes and employees activities
were in line to ensure that the polices were followed . 5. What service recovery alternatives were available to The Canadian?
The repair men could be trained in the latest technological upgradations so as to be able to perform effectively as well as trained to handle customers
well and help build proper aftersales relationships with the customers.
The full system could to be upgraded so as to increase the timely response of the customer redresaal system through effective client file management
sytem, personal level attention by the customer representatives as well as timely action by the repairemen .
The customer redressal system could be outsourced to a professional company that could help the company relieve itself from the headache of handling
the aftersales and help the company handle the repair services well.
6. Could Chantale and Clinton have done anything differently? If yes, what? If no,
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Case Analysis : Indiana Rules Of Trial Procedure
The Question: Has the Plaintiff, Linda D. Daugherty, included the operative facts for cause of action in her claim against the Defendants, Casual
Lifestyles Realty, Inc. and Rauleigh J. Ringer, or has said Plaintiff insufficiently stated the facts, therefore making indefinite allegations and validating
the move for a more definite statement? Or, is it that, the mechanisms of discovery could be an open alternative to the Defendants, which would aid in
gathering any information needed for the defense to frame a response to said Plaintiff, therefore invalidating the Motion pursuant to Rule 12(E) of
Indiana Rules of Trial Procedure?
Background: Based on the given complaint, on the 28th of March in 2014 the Plaintiff, Linda D. Daugherty suffered an injury on the property of
Rauleigh J. Ringer at 814 N. Liberty Street, Alexandria, IN. She is claiming her injury was a result of negligence spawning from the actions, or lack
thereof, by Mr. Ringer and Casual Lifestyles Realty, Inc., in which the connection of these three parties has not been clarified with certainty within the
claim. The Defendants, by counsel, Mark Maynard, and, pursuant to Rule 12(E) of the Indiana Rules of Trial Procedure, moved for a more definite
statement of the Plaintiff's Complaint. Mark Maynard argues if said Plaintiff could amend her complaint that is supposedly so vague and ambiguous,
the newfound clarity would help the defense frame a response to said Plaintiff's claim. No other information could be
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Questions On The Space Provided Essay
Task 4.
1. In the space provided, you are to provide a step by step process on how to deal with the complaints;
A.
First of all, I will listen to their complaint and note the main points that they are mentioning, assessing the situation they are in and is it a valid
complaint that can be solved through our systems. I will not present a challenge to the complaint by adding anything from my thinking. Putting my
emotions aside I will thank the customer for sharing their concerns with me and try to make them feel less worried so they can explain me In a better
way. I will remain flexible in my thinking and acknowledge everything that they said with light words, such as "I understand", "Alright" to let them
finish the sentence. After they have completed the conversation, I will offer an apology with the gratitude and following up with their talk I will
explain and offer them my action on the conflict, with the sentences such as "I have noted down your complaint and will thoroughly consider it" etc.
2. why are customer complaints important?
A.
A good and quick customer complaint resolution is good for the business as this will make them more loyal to the business, and is categorized as a
good experience. A failed complaint resolution will leave the customer dissatisfied with the service and has the potential for cessation of the business
because of the perception that the company doesn't care about them. The customer complaints are feedbacks and should be logged to see what
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Why DonT We Complain By William F. Buckley Jr.
If a person had the option to change the world for the better, would they? If they would, then why is it when a person gets minor inconvenienced by
a small problem like not having enough chips for the bean dip, they just accept the problem and they do not do anything about it. William F.
Buckley Jr. Wrote an essay called, "Why Don't We Complain". Buckley is giving the readers his experience on both the lack of care within the
political system and also the apathy people give when it comes to life's minor roadblocks. Society needs to learn that fixing minor problems when
given the chance is better than letting a problem grow so much that it starts affecting other people. The audience that this essay is directed to will
learn the message of why people should complain, and the purpose the author has to complain. People will do nothing to fix minor, everyday
problems; even if the problem is as minor as someone invades someone else's personal space. For example, While Buckley was riding on an
airplane, he was inconvenienced by a flight stewardess that could not take Buckley's empty food tray back to the kitchen (76). If he would have only
been more affirmative with his words, things would have definitely been different for him. So considering that the author has had experience with
being complacent in the real world, Buckley knows the problem of people being passive on a personal level. Buckley wants to show the audience that
even the author of the essay can go through the same
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Statutory Frameworks, Code Of Practice And Guidance...
In order to maintain the quality and high customer satisfaction rate in many service provisions, managing complaint is the essential part which makes
no exemption in health and social care setting. There are many statutory frameworks, code of practice and guidance regulating the service provision in
health and social care setting. The local Authority Social Service and National Health Service (England) Complains regulation 2009 (amendments) is
the statutory regulation provide guidance on local authority in terms of how to manage complain. The Local authority here refers local council, and the
National Health Service refers national public hospitals in the England. In the amendments the regulation not only set out frameworks for
Pharmaceutical Services, General Dental Services Contracts and General Medical Services Contracts; and as part of health and social care setting the
independent provider are also included to implement the regulations on how to handling complaints in their service provision. Furthermore, according
to the regulation responsible body has to have arrangements for the handling and consideration of complaints and to point responsible person to ensure
the effective implement of the regulation in the service provision. As result of the regulation, big independent organisation like us has to have
complaint policy in place to ensure the service user to raise concerns and complaint and the registered home manager will be the person to be
responsible that all
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Descriptive Essay About My Grandmother
My grandmother was a tough lady.
At just over five feet tall, she was the kind of woman that you saw on the street and knew to move out of her way. Her demeanor was strict, her hands
tied with thick blue veins, crissВcrossing over her thin, frail fingers.
I remember holding her hands as a child, how delicate and soft they seemed and yet that never made them seem any less worn or sturdy. Her hands
told stories of different times, of different worlds and hardships. She had grown up worlds away from me, in a different land, at a different time, in an
era and a life that I would never know.
My grandmother had stories.
But, she never told stories. Her stories were in the way she ate – she savored her food, cherished it. Often she would be ... Show more content on
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She was seldom outwardly affectionate. She didn't need to be. When I wrapped my arms around her small frame, afraid I would break her, she
responded with a strength disproportionate to her size.
She held tightly, like she was holding on for dear life, and then she let go, she smiled and she moved on.
My grandmother was an intelligent woman.
She had little schooling, but she had run businesses. She had managed on her own, with a husband and sons, in a country that didn't care for her or
her culture, but only for their aggrandized version of it. Her experiences were rightful cause to be jaded and hard, and yet she saw brightness and she
saw brightness in me. She saw the great things in life, she loved hard and appreciated the little things – us going for a walk together or just sitting in the
sun on a warm day.
My grandmother's stories were in her complaints.
My grandmother complained about petty things: things that I would complain about. But she never complained about life and she never complained
about pain.
My grandmother had developed a brain tumor, which when removed, removed much of her immediate memory. For a long time, she didn't remember
my name. She had no idea who I was. But she tried and she learned.
She understood perseverance and the importance of people and she carried on against all odds. The last time I spoke to her, she knew exactly who I
was, despite
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Essay about Consumer Behaviour Protfolio
Introduction Consumers should know their consuming behaviour before purchasing a product. The purpose of this portfolio is to review and evaluate
my own consuming behaviour distributed over three categories. Firstly, I will review on my philosophical assumptions and to discuss about my
beliefs on the importance of advertising and marketing. Secondly, I will identify a consumer behaviour that I have done recently and to analysis what
type of decision maker I am. Finally, I will examine how do I express my complaints to the organisation and my dissatisfaction. These three categories
are formed by different worksheets. This portfolio is designed to help and understand how to take advantages from my consumer behaviour when
purchasing... Show more content on Helpwriting.net ...
My group member Ocean who is also from Taiwan, a male and has a similar age as I do responded likely to my opinions. The other girl who is from
Hong Kong had slightly different answers to me. Are you surprised by your findings? The results from the group members are not surprising, results
are diverse as everyone followed the instruction and answered the above questions by reflecting their own opinions. Part B – Application 3. Using the
Engler 2003 reading and consumer behaviour theory in your textbook, explain how your dominant view influences your perception of the relationship
between marketing and consumers. My perception between marketing and consumer is that, there must be enough consumers to form a market, which
comes up with marketers starting using strategies for "Marketing". The relationship between marketing and consumer has always been varying. In
the modern society, consumers are tend to be more demanding with their growing affluence, growing complexity of goods and services and also
have more leisure. It has become more challenging or the organisations and especially in the service industries sector. (Nair, Suja R, 2009, p.467)
How do you think your dominant view influences: i) Your beliefs about the power of advertising Marketing expert Bonura said, "companies aren't
always successful simply because they have a valuable product or service." He believe that organisations should struggle if the
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Essay about Nvq Level 3 Adult Social Care
Understand how duty of care contributes to safe practice. 1. Explain what it means to have a duty of care in own work role. It is very important as
we are responsible for all the members while they are attending the project and it would not be professional if any of them were to come to any
harm. 2. Explain how duty of care contributes to the safeguarding of protection of individuals. Duty of care is a requirement to exercise a reasonable
degree of attention and caution to avoid negligence which would lead others to harm. You need to be aware of the surrounds at all time and check if
there are any hazards which could be harmful. 2. Know how to address conflicts or dilemmas that may arise between an individual's rights and the...
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1.1vi Self neglect This is abuse that an individual does to themselves 1.1vii Neglect by others Caused by others 2. Identify the signs and/or symptoms
associated with each type of abuse. Physical abuse вќ– Bruises (black eyes) вќ– Broken bones вќ– Open wounds, cuts, punctures вќ– Untreated
injuries вќ– Unexplained injuries вќ– Individual's reporting of been hit, slapped, kicked or mistreated Sudden change in behaviour Sexual abuse вќ–
Bruises вќ– Soreness around the genitals вќ– Pregnancy вќ– Unexplained venereal disease or genital infections вќ– Unexplained vaginal or anal
bleeding вќ– Torn, stained or bloody underclothing вќ– An individual's report of being sexually assaulted or raped Emotional/psychological abuse вќ–
Being emotionally upset or agitated вќ– Being extremely withdrawn – non responsive вќ– Unusual behaviour вќ– Depression вќ– Confusion вќ–
Nervousness вќ– An individual's report of being emotionally/psychologically been abused Financial abuse вќ– Sudden lose in assets вќ– Bills not
being paid вќ– Lack of funds on a day to day basis вќ– Insufficient food in the house вќ– Unusual or inappropriate financial transactions Institutional
abuse вќ– Lack of privacy when personal care being given вќ– Lack of personal clothing or possessions вќ– Lack of a proper complaints procedure
вќ– A history of valid complaints вќ– Poor communication between staff, service users, managers and visitors вќ– Breaches
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The Case Of Harvey And Capability Limited
The Case of Harvey and Capability Limited
Before analysing, Harvey needs to be advised that there are two known clauses that exist in a contract; limitation clause and exclusion clause. He
needs to understand that there is a difference between both of these clauses. When there is a breach of the contract, the limitation clause that is relied
on in a contract and enforced would make an effort to pay for certain damages. This can only be used as an indicator for Harvey to recognise their
differences, but, it will not be explained any further as the enquiry made is only related to exclusion clause. Capability Limited is a private limited
company that has subcontracted a sole proprietor, Reckless Enterprise. As the damages were done by Reckless Enterprise, with the matter of who is
liable to pay for it, the court needs to look deep into the consequences of Capability Limited and how Reckless Enterprise was included in the
Memorandum as a third party.
Exclusion Clauses
If the contract is breached, the party relying on the exclusion clauses will not be responsible for paying for any damages (Treitel, 1995). If the
document does not have any intention for the contract, exclusion clause will not be bound. As it can only be defined in this manner, Harvey also has to
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It is a philosophy of Contract Law. There should be an intention to make an offer, and, to accept and consider to it. Although it is read without
comprehending, the person signing the contract would still be bound by it. In L'Estrange v Graucob, the claimant purchased a cigarette vending
machine and signed the order without reading the clause. She sued the defendants as it did not work but the court argues that, once signed, she was
automatically bound by the clause regardless of whether she read it or not. However, in other cases, it can be argued that there are other exceptions
that would be convinced that exclusion clauses will not be
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The Importance Of Issues In Special Education
Introduction
Special education creates opportunities for students, parents, teachers and related staff and administrators to work together to improve educational
results students with disabilities. IEPs and 504s are the plans that help educators to develop education for each student with disabilities. The IEP is an
important legal document that handles issues in special education properly. There are so many rules that school personnel must follow. In this
assignment, I will identify effective procedures for documentation and remediation of the teacher, her behaviors and the allegations about her regarding
a special education student.
1) Detail all steps you would take relative to the complaint by Julia's parents. Identify any and all steps and documentation necessary under your state's
laws and district policies, as well as specify what any documentation you should include and what you will do with it.
First, I would suggest the parent file to a formal complaint about the teachers if they feel the teacher is treating Julia differently than every other
student and singling her out. According to Washoe County School District (WCSD) policy, student or parent must fill out the formal student complaint
based on allegations of discrimination. The WCSD board policy is specifically connected student issues and parent complaints, not every concern or a
complaint is covered under the WCSD policy and procedures. Some complaint have their own policy and procedures to follow.
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Case Analysis : V. J. Foster Phillips Funeral Home, Inc....
Greer Lukens
Case Brief #1
BUS251 SC01 12:15 – 13:30
S. Conroy
10 April, 2015
Mobley v. J. Foster Phillips Funeral Home, Inc.
2015 NY slip Op 50436(U)
History: Plaintiff's and Defendant's were involved in an automobile accident that occurred on 3 November, 2010. Whereby, thePlaintiff's are suing for
personal injury as a result of injuries sustained or allegedly sustained during subject accident. The NY Supreme Court, Queens County decided the case
and no lower courts authored any opinion.
FACTS:
1.Plaintiff's, J. Mobley, A. Watson, Michelle Watson, A. Watson jr, O. Watson, by their mother and natural guardian, Michelle Watson.
2.J. Foster Phillips Funeral Home, Inc., J. Leary, R. Record, M. Grenald, Defendants
3.Plaintiffs and Defendant's do not dispute involvement in an automobile accident that occurred on November 3, 2010.
4.Damages sought for personal injury as a result of automobile accident for all Plaintiffs
5.Motion filed by Defendants J. Foster Phillips Funeral Home, Inc., and J. Leary to dismiss complaint of Plaintiff's.
6.Cross Motion filed by Defendants R. Record and M. Grenald to dismiss complaint of Plaintiff's.
7.Cross Motion filed by Plaintiffs for an order to strike Defendants' answer for failure to exchange IME's report within (30) days
ISSUE:
1.Did the Plaintiff's sustain "serious injury" to maintain an action of personal injury?
2.Did the Defendants provide evidentiary proof in admissible form to shift the burden of
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Case Study of Handy Andy, Inc.
Case Study: Handy Andy, Inc.
1.Is this a customer service problem? Why or why not?
Yes, customer service is a problem. Customer service is defined by "the ability of logistics management to satisfy users in terms of time, dependability,
communication and convenience (Murphy & Wood, 2011)." These are the goals that are utilized in establishingcustomer service objectives. For those
customers buying from small dealers provided extensive delivery times and therefore the time and not met by the customer service definition. In
some cases, customers were told the item was out of stock and to cancel the order in order to buy a better from them for the same price and therefore,
discrediting the small business. For those that didn't have that experience for the small dealer, had the experience of having the item delivered and left
in the middle of the kitchen floor which provided poor customer service. During the delivery, very little communication was between the customer and
the delivery individuals occurred. The integrity and dependability of the product may also be in question by customers. Even though Ortega has from a
product standpoint very few complaint in regards to the defects in the compactors.
2.Marketing channels are the arrangement of intermediaries (wholesales, retailers, and the like) that the firm uses to achieve its marketing objectives.
Is the problem discussed in Handy Andy's marketing channels? Why or why not? Utilizing the factory distributor
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Explain What Is Means to Have a Duty of Care in Own Work Role
Unit SHC 34 Principles for implementing duty of care in health, social care or children's and young people's settings 1.1 Explain what is means to
have a duty of care in own work role| As a childminder I have a duty of care to keep all my minded children safe, healthy and comfortable while
making sure their rights are guarded. I have a duty of care to keep children from harm whether physical or psychological. I carry out risk assessments
in my home and when out and about to avoid potential hazards to children. Risk assessments are reviewed every year or when accidents/incidents
happen and there is a need for review. The house is equipped with safety equipment to minimise risk of injury or harm. Stair gates, plug sockets and
cupboard... Show more content on Helpwriting.net ...
| Unit SHC 34 2.1 Describe potential conflicts or dilemmas that may arise between the duty of care and an individual's rights.| Children love to
play and explore. For example while in a park a child will want to climb a ladder to go on a slide. Natural reaction may be to hold or even pick up a
child and put them up. Children learn best when trying and experiencing things themselves. There is a risk of a child slipping and falling of the
steps but a child also has a right to experience facilities to aid their development. Children need to learn how to predict and avoid dangerous
situations.Another potential dilemma may be confidentiality. I must ensure that all personal information is kept confidential and is not shared with
anyone else unless permission form is signed. But if there is a case of concern that a child's welfare may be at risk social services have to be
informed.There is also a possibility of conflict with parent's wishes due to their culture and religion. | 2.2 Describe how to manage risks associated
with conflicts or dilemmas between an individuals rights and the duty of care.| Whilst having a duty of care it is important to find the right balance
between children's rights and parent's/carer's responsibilities. Sometimes children's rights may outweigh the risk. As a childminder I am there to
support all children on their journey of learning and experience.
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Essay about Work Within a Legal and Ethical Framework
Work within a legal and ethical framework Task A Question 1 Why is important for a worker in the csi to follow their job description? It is
important for a worker in the community service industry to follow their job description as it is important that they give a professional standard of
the service. It is also due to confidentiality. Community service workers have duty of care to their clients. Also it is important they follow their job
description because different services may have different policy and procedures and guidelines that need to be followed accurately so that duty of
care is upheld to each client. Question 2 Define the term policy. A policy is a course of action or guidelines to be followed. Question 3 Define the...
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Ask Julie if she would like to be referred to AA and counselling to help her with her alcohol abuse and the domestic violence she experienced whilst
she was with bill 2. At the request of the client act as an advocate and or support for clients accessing referral services and other agencies Call other
services to see which services can help Julie with the support and assistance she and her family need. 3. Provide outreach services as required
Organize for Julie to call St Vincent de Paul and other organisations that deal with helping people with financial aid so she can get help wit food
vouchers, rent, and power bills (etc.) Question 4 As the worker identify and discuss 2 ethical dilemmas in this case study. 1. Heavy drinking: with
evidence of heavy drinking it automatically puts the kids at risk of harm especially when Julie is intoxicated who is there to look after the
children 2. Domestic violence: Julie has already left bill ounce for domestic violence and she is now planning to take bill back which puts the kids
at risk of harm with the fighting and violence that bill brings into the home Question 5 What principles would you need to be aware of when dealing
with the ethical dilemmas in this case study? * Be very clear on the guidelines of your particular profession * Be familiar with and guided by all
relevant standards which further define how legislation is applied. I am a family
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Malicious Prosecution
Discussion I. Can our client satisfy the first requirement for a malicious prosecution suit that requires that the termination of the earlier suit be in the
plaintiff's favor when in our client's case their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind about her
claim?
To meet the first element –favorable termination– a plaintiff cannot rely on a settlement of the case that both parties agree to. Once the litigation ends
by settlement there is no favorable termination for the purpose of pursuing a malicious prosecution. A favorable termination is satisfied by
abandonment or dismissal and without any final determination merits. However there are preceding cases that require that ... Show more content on
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The judgment entered by the trial court on the motion to dismiss was reversed because a termination must be in favor of the person against whom civil
proceedings are brought.
To have an action for malicious prosecution, our client must prove that a favorable termination has taken place. In the Colli case it establishes that a
voluntary dismissal "without prejudice" of a will contest is a favorable termination. In the Frey case it is stated that when a termination or dismissal
indicates in some fashion that the accused is innocent of wrongdoing it is a favorable termination. Also a termination without a trial on the merits may
be a favorable termination of litigation if the circumstances indicate the innocence or freedom from liability of the defendant. In a case where there is
no adjunction on the merits the existence of favorable termination of the prior proceeding, you must look at the facts to determine what actually
occurred and whom the termination benefitted. II. Can our client show a special injury from another earlier suit against him, as required to have an
action for malicious prosecution, when his charter boat was seized pending the suit as allowed by state, and when his professional reputation was
damaged because of the suit?
To meet the fourth element –special injury– a plaintiff must show a special injury from the previous malicious suit. A special injury can be met by
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Finding A Civil Case At Howard County Court
After three failed attempts at finding a civil case at Howard County Circuit Court about a business related and another two failed attempts at the
Baltimore County District Court, I was finally able to attend a civil docket at Baltimore County District Court. The court is located at 900 Walker
Avenue, Catonsville, 21228 in Maryland. Most of the cases, I saw when I came at 9: 00 a.m. on November 3rd, 2014 for the morning docket were
contract or tort cases and Judge Marsha L. Russell was presiding it as well as encouraged five sets of group to talk Plaintiff Brian DMD Moore vs
Defendant Wilbur Lucas, Plaintiff BQ Management, LLC vs Defendant Dameka Carroll, Plaintiff Mercy Medical Center vs. Defendant Melvin R.
Cook, Plaintiff Apartment Services vs Bethea J Scherrie and Plaintiff Regional Management vs Defendant Cynthia M Crook. The case numbers for the
five cases are 0004632–2014, 0020559–2014, 0020690–2014, 0020636–2014, and 0011960–2014. Another case was dismissed the Plaintiff Sinai
Hospital of Baltimore, Inc. vs Harvey Singleton and case number 0020400–2014. One other case was continued for another day Plaintiff Damian Banks
vs George Sturton/ Alexis Brown.
Next, Judge Russell called case Plaintiff Keith Dixon, Anthony Dixon, Antonio Johnson vs Defendant Hameed Lagoke/ Tierra D. White. The case
number was 0018314–2014, 0018315–2014, and 0017154–2014. The plaintiffs had their attorney Michael E.J. Merod asks to dismiss the charges
against Tierra D White because she
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Iii.Factual Background In Support Of Summary Judgment.
III.Factual Background in Support of Summary Judgment A.Avey Buys the Adjacent Vacant Lot and Informs Plaintiffs of his Home Plan In the Fall of
2012, Avey purchased a small vacant lot adjacent to Plaintiffs at 2816 Westside Lane Fort Worth, Tarrant County, Texas 76109. (Orig. Pet. 2). Plaintiffs
were "extremely upset" to find out before construction began that Avey wanted to build a four–story home next to Plaintiffs' more traditional, art–deco
style home. (Id.). Construction subsequently began in November of 2012. (Id.). B.Avey Hires Independent Contractor Rex Doss to Paint the New
Home Avey is a lawyer with no experience in exterior home painting. (Doss Dep. 4). Due to a lack of experience, Avey hired an independent contractor
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(Doss Dep. 4; Def.'s Dep. 1). Doss, despite thinking the scaffolding was pretty flimsy, carried three pre–mixed paint cans to the top and began painting.
(Doss Dep. 4). Doss seems to remember a burst of wind knocking the scaffolding over. (Id.). Gold paint landed on the plaintiffs' Italian tiled roof and
new air conditioning unit. (Orig. Pet. 3). Upon notice of the accident, Avey apologized profusely and offered to pay the cost of cleaning the spilled
paint. (Orig. Pet. 3). However, Plaintiffs refused and found their own paint removal specialist who "bleached out" some of the tile. (Id.). The roof is
slightly discolored, but no one driving by would notice the discoloration. (Def.'s Dep. 1). Additionally, Plaintiffs hired Coolright, Inc. to take off the
exterior shell of the AC unit, sand the surface, and repaint it. (Orig. Pet. 4). Coolright determined that this was all that was needed to remove the paint.
(Id.). In the process of removing the exterior shell, Coolright damaged the condensing coils. (Id.). D.Avey Expressed his Opinion Regarding Plaintiffs'
Hostility After the accident, Plaintiffs acted hostile towards Avey and his new home. This hostile behavior, which continued for nearly a year, is
evident throughout Plaintiffs' original petition calling the house
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Trial Procedure in the Movie A Civil Action Essay
In the film, A Civil Action, Trial Procedure was shown throughout the entire movie. There are many steps that need to be completed before a verdict
and judgment can be reached. These steps are the pleadings, methods of discovery, pretrial hearings, jury selection, opening statements, introduction of
evidence, cross examinations, closing arguments, instructions to the jury, and the verdict and judgment. The case in this movie was actually called
Anderson v. Cryovac. The plaintiffs are the Anderson family, the Gamache family, the Kane family, the Robbins family, the Toomey family, and the
Zona family. The plaintiffs' attorneys are Jan Schlichtmann, Joe Mulligan, Anthony Roisman, Charlie Nesson, and Kevin Conway. The two co
–
defendants are ... Show more content on Helpwriting.net ...
He believes that there is a problem with the town's drinking water. Many other witnessed expressed their families' problems in their health history. This
now leads to the pretrial hearings. A Pretrial Hearing is when the judge outlines the law to the attorneys regarding the case as a final attempt to achieve
an out–of–court settlement. No attorney ever wants to go to court because the case that they took on now becomes very expensive and takes a long
time for the case to reach a verdict. Most of these cases are you settled out of court. The defendants attempted to settle but the plaintiffs' attorney
wouldn't settle with them because they wanted more money. Next, the jurors need to be selected. The jury selection started February 18, 1986 and
ended on February 25,1986. In this case, the jurors were Harriet Clark, Jean Coulsey, Robert Fox, Linda Kaplan, Vincent O'Rourke, and William
Vogel. In atrial, all the attorneys must present their opening statements. The actual trial began in early 1986. Their opening statements consist of the
attorneys describing how they're going to present their rationale. The plaintiffs' attorneys made their opening statements favor their clients and make
their defendants look like big companies that did something terrible and that they needed to be punished for it. The defendants opening statements
involved them saying that they had no involvement in the deaths of these
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The Code Of Civil Procedure
Even if Plaintiffs' Third Amended Complaint complied with sections 2–603(a) and (b) of the Code, multiple counts fail to state a cause of action for
which relief may be granted or are otherwise barred by defects and affirmative matters. Therefore, this Court should dismiss those claims pursuant to
section 2–619.1 of the Code of Civil Procedure. Section 2–619.1 of the Code permits a party to combine a 2–615 motion to dismiss with a section
2–619 motion to dismiss. A motion to dismiss pursuant to section 2–615 attacks the legal sufficiency of the complaint. Borcia v. Hatyina, 2015 IL App
(2d) 140559, В¶ 20. Although pleadings should be liberally construed, Illinois is a fact–pleading jurisdiction and a complaint must allege facts – not
mere legal conclusions – to establish a viable cause of action. Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 305 (2008). Therefore, a trial court
should grant a motion to dismiss pursuant to section 2–615 of the Code when it is " 'clearly apparent that no set of facts can be proved that would
entitle the plaintiff to relief.' " Turczak v. First American Bank & Lebow, 2013 IL App (1st) 121964, В¶ 15 (quoting Pooh
–Bah Enterprises, Inc. v.
County of Cook, 232 Ill. 2d 463, 473 (2009)). By contrast, section 2–619 of the Code provides for an involuntarily dismissal based on certain defects or
defenses, and specifically, section 2–619(a)(9) permits dismissal where a claim is barred by other affirmative matters defeating the claim.
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Why Don 't We Complain
People love to complain. They love to share their opinions with the world––especially if they are negative. Most people, though, know that there is a
time and a place to complain, that its appropriateness and efficacy depend on the circumstances. William F. Buckley Jr., in his essay Why Don 't We
Complain?, discusses what he perceives as a failure of people to recognize things they can or should complain about, and tries to tie that deficit to the
lack of participation in the American political process.
He was not wrong about there being a lack of interest in politics. He fails, however, to establish a correlation, much less causality, between the
avoidance of complaining and political apathy. His reasoning that our lack of complaining is solely based on anecdotes which seem to support his
view. Counter–anecdotes would be very easy to find. These anecdotes also contain many assumptions that he doesn't appear to have the basis for
asserting.
Buckley tries to connect his brief anecdote about being uncomfortable on a train to a much bigger political situation, flimsily. He writes of being on a
crowded train car with many people, with a temperature of 85 degrees, even though it was freezing outside. He reports, "The conductor had
nonchalantly walked down the gauntlet of eighty sweating American freemen" He doesn't use the phrase "American freemen" accidentally. He may be
trying to be slightly humorous, but he is also trying to connect the small, even trivial, to the grander
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Unit 519 Develop Procedures And Practice To 1
18.09.2014
Leigh Bown
Unit 519 – Develop procedures and practice to respond to concerns and complaints. Introductions
п‚› Getting
to know you...
п‚› About
me...
– CQC Inspector (South Central)
– Adults with Learning Disabilities
– Children and Young People
– Occupational Therapy
– Therapeutic Supervisor
пЂ Community and Organisational
Development
пЂ Father and Husband
Important points
п‚› Facilitate
and share vs teach
п‚› Confidentiality
п‚› I dislike power–point
п‚› There will always be something else to do, don't forget yourself.
Objectives of the unit...
п‚›
Understand the regulatory requirements, codes of practice and relevant guidance for managing concerns and complaints.
п‚›
Be able to develop procedures to address concerns and complaints. п‚› ... Show more content on Helpwriting.net ...
(2) In particular, the registered person must–
(a) bring the complaints system to the attention of service users and persons acting on their behalf in a suitable manner and format;
(b) provide service users and those acting on their behalf with support to bring a complaint or make a comment, where such assistance is necessary;
(c) ensure that any complaint made is fully investigated and, so far as reasonably practicable, resolved to the satisfaction of the service user, or the
person acting on the service user's behalf; and
(d) take appropriate steps to coordinate a response to a complaint where that complaint relates to care or treatment provided to a service user in
circumstances where the provision of such care or treatment has been shared with, or transferred to, others.
(3) The registered person must send to the Commission, when requested to do so, a summary of the–
(a) complaints made pursuant to paragraph (1); and
(b) responses made by the registered person to such complaints.
п‚›
What does the regulations say? Assessing and monitoring the quality of service
п‚› provision
п‚› 10.–(1) The registered person must protect service users, and others who may be at risk, against the risks of inappropriate or unsafe care and
treatment, by means of
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Questions On The County Court Money Claims Online
IN THE COUNTY COURT MONEY CLAIMS ONLINE
CASE NO B59YM066
BETWEEN:
SHANE TRAYLEN & COMPANY LIMITED
Claimant
–&–
CLARE STACEY
Defendant
_______________________________
PARTICULARS OF CLAIM
1.The entities involved in the dispute are
1.1.On the 21st July 2009, the Claimant SHANE TRAYLEN AND COMPANY LIMITED FORMERLY KNOWN AS, TRADE EXPERTS AND
COMPANY LIMITED (TXCO) entered into a contract with theDefendant for the supply of building services (Fit–out works).
1.2.At all material times, the Defendant MISS CLARE STACEY (Approx. 2 months Pregnant) was the owner, and SOLE TRADER known as THE
BAMBOO BAR AND LOUNGE 2.In June 2009, the Defendant approached Claimant regarding undertaking the fit–out works at her proposed Bamboo
Bar and lounge ... Show more content on Helpwriting.net ...
3.2.The Defendant 's negligent actions and carelessness placed others at risk and caused severe financial disruptions and loss to the Claimant to the
sum of ВЈ 55,329.00 plus damages and interest as indicated in invoices and statement of costs.
4.On the 21st July 2009, The Claimant submitted a brief quote of ВЈ14835.00 plus Vat @15% for the essential works required by the Defendant. The
quote clearly indicated that the Claimant would charge the Defendant accordingly for any additional costs. Mr Traylen Personally explained the
procedure systematically so as the Defendant fully understood and agreed on the Claimants terms and conditions. She was made entirely aware that
payment was within a period of 14 days of submission as specified.
4.1.The Defendants actions to initiate works unlawfully entered her into a contractual obligation, legally binding her to the contractual agreement of
terms and conditions set out by the Claimant.
4.2.The Defendant after that assured the Claimant everything was right to progress and issued Mr Traylen with a set of the premises keys for the
proposed bar on 325 Fleet Road, and instructed him to start works on site immediately. The Defendant fraudulently misled the Claimant into a contract
of works, without a secured a loan, funds or the means of paying for works. The Defendant after that breached the contract for non–payment for
services, as she did not have the ways
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Berkson Vs Gogo Case Summary
Citation
The name of the case is Berkson v. GoGo LLC. Adam Berkson and Kerry Welsh are the plaintiffs. GoGo LLC and GoGo Inc. (collectively referred
to as the company or GoGo) are the defendants. The United States District Court for the Eastern District of New York decided this case in 2016. The
citation states that this case can be found in Volume 97 of the Federal Supplement, Third Series, on page 368–76.
Facts
A. The reasons for the lawsuit
This putative class action involves the purchase of Internet service connections ("Wi–Fi") on air flights. The case alleges that the Plaintiffs, Berkson
and Welsh, when purchasing a monthly service pass for GoGo's in–flight Internet Service received no notice about a recurring monthly charge. After...
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However, during that period of time, Welsh never received any form of communication from GoGo notifying him that he had signed up for an
automatically renewable monthly subscription.
Plaintiff 2: Berkson argues that an arbitration provision was not present in September 2012 when plaintiff Berkson signed up for GoGo's Wi–Fi. Such a
provision was first inserted into the company 's "terms of use" in December 2012. Berkson claims that his credit card was charged for GoGo's
services from September 2012 until December 2012. Berkson first contacted GoGo to notify them of the time period in which he was charged for the
service but did not use it. He requested a refund but GoGo denied the request. Berkson's credit card company, American Express, later refunded him.
Like Welsh, Berkson also claims that he never received any form of communication from GoGo notifying him of the automatic renewal subscription for
in–flight Wi–Fi. The layout of GoGo's webpage slightly changed from August of 2011. When Berkson subscribed to the services, there was a
statement above the sign in button that read, "By clicking 'SIGN IN' I agree to the terms of use and privacy policy". However, there was two sign–in
buttons that were displayed on the webpage and the statement only appeared above one of the buttons. In the statement, the terms of use and privacy
policy were underlined, which indicates that a hyperlink existed. However, by clicking either of the sign in buttons, the terms of use
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Ms. Singleton And The Civil Rights Act Of 1964
In this case, I would favor in light of Ms. Singleton. Likewise, Ms. Singleton had undergone much repeated inappropriate conduct, including many
sexually suggestive comments and propositions. Therefore, Ms. Singleton brought an action against her employer. Ms. Singleton claimed the sexual
harassment almost immediately took place shortly after beginning her job. Essentially, she was not given prompt and reasonable care in regards to her
complaint of alleged sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964. In addition, the misconduct complained
about took place approximately four times a week. Moreover, her complaint did not allege that her employer took any tangible employment action...
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Thus, an employer violates Title VII when the workplace is filled with discriminatory sex–based intimidation, ridicule, and insult that is sufficiently
severe or pervasive to alter the conditions of the victim 's employment and create an abusive working environment. In order to establish that she has an
actionable claim for sexual harassment in the workplace under Title VII, Mrs. Singleton was required to exhibit that the offensive conduct was
unwelcome, was based on her sex, was sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work
environment, and was imputable to her employer (Wellington–James, 2015). Essentially, the case could go in light of the defendant. Despite the fact
that Ms. Singleton did not prove that the offending conduct was sufficiently severe or pervasive to alter the conditions of her employment. Generally,
we determine whether a work environment is sufficiently hostile by looking at all the circumstances, including the frequency of the discriminatory
conduct; its severity; whether it is physically threatening or humiliating, or a mere insulting statement, and whether it unreasonably interferes with an
employee 's work performance. It is established that simple teasing, offhand comments, and isolated incidents will not amount to discriminatory
changes in the terms and conditions of employment. Title VII is not intended to serve as a workplace civility code. After careful review, we
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California 's Court Of Appeal
California's Court of Appeal Clarifies Application of anti–SLAPP Statutes to Attorney Malpractice Actions California's "anti–SLAPP" statute (codified
in Code of Civil Procedure section 425.16) protects the Constitutional rights to freedom of speech and right of petition by subjecting any cause of
action that chills these rights to be subject to a special motion to strike. In the context of a complaint against an attorney for malpractice, the California
Court of Appeal recently clarified its application under existing precedent and held the anti–SLAPP statute did not apply to claims against attorneys by
former clients. In Loanvest I, LLC v. Utrecht et al (2015) 235 Cal.App.4th 496, the plaintiff brought an action against its attorneys for malpractice for
failing to put its interests before a former client, resulting in damage. At the trial level, the court granted the defendant law firm's special motion to
strike under the anti–SLAPP statute, finding that the malpractice claim was based upon an act in furtherance of the protected right of petition. The
plaintiff thereafter appealed. In making its decision, the trial court relied heavily upon Peregrine Funding, Inc. v. Sheppard Muillin Richter & Hampton
(2005) 133 Cal.App.4th 658 where the Court of Appeal previously held that claims based upon allegations made by attorneys in judicial filings were
within the scope of the anti–SLAPP statute and protected. For a claim to fall within the anti–SLAPP statute and result in
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Deal with Conflict Situation Assignment Essay
METROPOLITAN SOUTH INSTITUTE OF TAFE
SITXCOM003A: Deal with conflict situations
ASSIGNMENT
Student name:
Student number:
вќ– Question1:
Outline a 6 point Complaint handling strategy for a 100 seat upmarket restaurant. Explain each strategy in detail.
SOLUTION:
With an upmarket restaurant, we need to offer a very high standard in customer service. When running a business, complaint can not be avoidable as it
can happen at any time. Therefore, we need to have an appropriate complaint handling strategy ready when any problem arises. The following 6 points
are the general action for any complaints from customer:
1) Listen to the complaint & acknowledge the problem
Listening is a first very important thing ... Show more content on Helpwriting.net ...
Later, after the driver pick up the customer, I will call again to ask about his status. If he say ok & feel comfortable, I will say sorry again & see him at
the airport. If he is angry & is not satisfied with the situation, I will say the hotel will make a compensation for him later.
2) Example 2
I am working as a waiter at a restaurant, a customer required not having meat in salad but the salad she got has some pieces of chicken in there. She
gestured to me to come to her & complained about that.
SOLUTION:
Firstly, after getting the complaint from the customer, I shall say sorry to her. Then, telling her that it maybe a mistake of the kitchen & empathise
that the vegetarian prefer vegetables than meat. Next, I will tell her to stay for a moment to change another salad for her. Immediately, I will go to
the kitchen & tell to the chef to get another one instantly. Once the new salad is ready, I will bring to her the new dish in person. I will not give
the task to anyone else, because, it show that I implement the job which I am responsible for. Then, I shall ask the customer what else I can help her
more. If she say all right & enjoy the food, I will say sorry the final time. If she is not really happy, I can offer her 50% discount for coffee.
3) Example 3
As a tour guide, I am responsible for a group of tourists at an international airport to go home after a long trip around Vietnam. A tourist complaint
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Strengths And Conflicts In The Conflict Between My...
The conflict is between my roommate and me. Both of us have known each other for more than one year. We stay together because we wanted to share
common utility that had been left by one alumnus. Initially, our relationship went well as we can communicate in the same language. The relationship
began to change after few weeks. She is very sensitive to noise, light and rest early. In contrast, I have to stay late, keeping my light on to finish my
assignments. Irrefutable, it created noise. In the long run, it created tensions in our relationship. Although both of us are Chinese, we have totally
different personality, cultures and values.
For the first time, I witness a person who is very privacy and keep to her. I cannot perceive this. I felt my right was violated for not able to invite any
friends to come to room. On the same time, differences in tidiness and communication also created tension in us. This eventually created uncomfortable
feeling towards her. I tend to complain to her of her wrongdoing and wanting to correct her. Although she did... Show more content on Helpwriting.net
...
She asked me to describe her strengths and weaknesses. Initially, I resisted because I know I would blow in anger and bitterness but then I shared three
of her strengths and weaknesses. It was her first time that she heard of such weaknesses. I spelled out that she is lazy, anti–social and defensive. Due to
my bitterness, I shared more of my struggles to her. I said that I really don't felt her love because it seem fake to me. I don't want her to approach me
because I would felt like I am hypocrite been with her. That night, she was deeply hurt by me. She cannot stop crying. She thought our relationship is
fine. She cannot believe that our relationship built on false love. That night, I knew I have been a bad person. I explained to her that I need more time to
accept and love her. I didn't ask for her forgiveness that night instead she asked for mine because of all the struggles within
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Marketing Analysis : Customer Satisfaction Essay
CHAPTER 1
INTRODUCTION
INTRODUCTION Customer satisfaction, a business term, is a measure of how products and services supplied by a company meet or surpass
customer expectation. It is seen as a key performance indicator within business and is part of the four perspectives of a Balanced Scorecard.
In a competitive marketplace where businesses compete for customers, customer satisfaction is seen as a key differentiator and increasingly has become
a key element of business strategy.
There is a substantial body of empirical literature that establishes the benefits of customer satisfaction for firms.
BASICS
Basically, you might look at marketing as the wide range of activities involved in making sure that you 're continuing to meet the needs of your
customers and are getting value in return. Marketing analysis includes finding out what groups of potential customers (or markets) exist, what groups
of customers you prefer to serve (target markets), what their needs are, what products or services you might develop to meet their needs, how the
customers might prefer to use the products and services, what your competitors are doing, what pricing you should use and how you should distribute
products and services to your target markets. Various methods of market research are used to find out information about markets, target markets and
their needs, competitors, etc. Marketing also includes ongoing promotions, which can include advertising, public relations, sales and
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Why DonT We Complain By William F Buckley Analysis
The Answer to William F. Buckley's "Why Don't We Complain?"William F. Buckley created an essay in 1961 capturing the reluctance of "todays"
society to complain about the things that things that are irksome. He divulges his opinion on why Americans are so unwilling to share their
opinion on matters that are concerning to them irrespective of how trivial they may seem, or how enlarged the situation may be. Buckley describes
several accounts in his essay from the temperature on a train not being the ideal setting, the strains of having to deal with a blurry picture at the
movies, and the failures of a waitress to respond to his needs of more milk with his breakfast. He also speaks about having to take an airline
attendances word as only script while he waits for the removal of his tray from his lap before continuing his writing, and awaiting a tool at a ski
counter to sort out his own adjustments as he watches the worker sit and smoke. Buckley summarizes his experiences to share his opinion on why
people, including himself, choose to shy away from the confrontation that is typically brought on by a simple complaint. But what are the true reasons
for one's inability to complain in even the simplest of situations? William F. Buckley argues the answer to his own titled question within his essay
being that; one: most people are far too reluctant to create negative attention to themselves; two: people always expect that someone else will speak
up; and three: even if one has voiced their concern for a resolve more often than not the resolve is ignored or does not fall in line with the normal
flow of things. The first experience Buckley shares with his readers is his commute on an overly crowded train where the temperature was
exceedingly hot for the bulk of passengers. He witnessed his own transformation by losing his overcoat, then his jacket, and later his tie only to notice
"that the car was flecked with the white shirts of the passengers" (7). He recounts his thoughts as to why he or anyone else didn't just let the conductor
know their discomfort and attributed this discomfort to a rational explanation of an overstocked furnace, valve turned too high, or a maladjusted
thermostat (29). All of these reasons
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Amb200 Consumer Behaviour Assessment Item1: Portfolio Sem2...
[you may format this page however you like but it must contain the following information] AMB200 Consumer Behaviour Assessment Item 1: Portfolio
Sem 2 2012| Student name: Ling Yan WongStudent number: 07633599| Tutorial time: Wednesday, 11a.m.
–12a.m.Tutorial number:Tutor:| Introduction
The consumer behaviour that I have selected is "choosing a restaurant for a special occasion". In this case, I would like to choose a restaurant to
celebrate my boyfriend's 24th birthday. The ideal restaurant should be brand new; the environment should be romantic and comfortable. The food
needs to be delicious and delicate. I hope to find a romantic western style restaurant which with beautiful night views. Red wines... Show more content
on Helpwriting.net ...
In what circumstances could your decision style have been opposite to the one you identified? Some decision that need to be made in a hurry, so I
have no time to think carefully and do some researches, so I would turn my decision style to automated decision style. What would make you change
your decision style? Having no time to think makes me change my decision style. Part B – Application 5. Using consumer behaviour theory from your
textbook, explain why: i) you used limited or extended problem solving I use extended problem solving. For the part of information research, I do a
lot of researches on different restaurants, I need to consider including the environment, the food style, the taste of food, the special requirements (red
wines, desserts, night views), and also the location of the restaurants. So it takes me a long time to decide, which I would evaluate all these
considerations before consumption and make a choice between those restaurants. I would also contact the restaurant to make a booking for table or
ask for the details in order to ensure the consumption. ii) your decision was rational or automated My decision was rational. I made the decision
based on reason and facts, and by steps and steps. First, I did many researches. Second, I took times to read the information and evaluate. Third, I made
my best choice after evaluating processes. Finally, I confirmed the
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Why Don't We Complain Essay
Argumentative Essay: "Why Don't We Complain?" Throughout once in your life, you may have been confronted with a situation where you accept
inconveniences instead of taking action. According to William F. Buckley, American people everywhere have refrained from "trying to rectify
irrational vexations". In Buckley's essay, "Why Don't We Complain?" he explains some situations that he was involved in where no one would
complain to repair an uncomfortable situation. Throughout the essay, Buckley uses his experiences and strong reasoning to show why he believes that
the American people do not complain. Buckley attempts to support that the apathy that Americans would accept inconveniences instead of taking
action is the cause of many Americans'... Show more content on Helpwriting.net ...
Should people be afraid to complain or should they always be free minded about an unjust cause? The second reason why I agree with Buckley's ideas
about assertiveness and helplessness is because throughout time many inventions are that replace simple jobs that cause a sense of laziness. The
people will often portray themselves as lazy in society as new technological inventions are created to do their tasks. Many people will then develop
a habit due to them relying on other things to do their task for them. For example, back then when machines weren't created, people did manual
labor and relied on themselves, but now as we rely on newly made machines; we rely on the equipment to do our work. This forms a habit for
Americans as we begin to rely on other things than ourselves. The third reason why I agree with Buckley's ideas about assertiveness and helplessness
is shown through as Buckley states that the government is taking rights away from the people. He states, "Every year, whether the Republican or the
Democratic Party is in office, more and more power drains away from the individual to feed vast reservoirs in far–off places; and we have less and less
say about the shape of events which shape our future". He also says that we accept the government's power to hold upon us". The government is
responsible for the great number of American deaths in Korea and is now responsible for billions of tax dollars spent every year. However,
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How Is Miss Ruddock’s Terrible Loneliness Conveyed In...
How Is Miss Ruddock's Terrible Loneliness Conveyed In Alan Bennett's
A Lady Of Letters?
Miss Irene Ruddock is an ordinary middle–aged woman who lives on her own. She was close to her mother who had recently passed away. Miss
Ruddock has no real friends and finds it difficult to fill her time so she is often sitting in her chair, looking out of her window and noting what is
going on in other people's lives. She has no social life and she only leaves the house when she has to.
Alan Bennett shows Miss Ruddock's loneliness through her obsession of writing letters. She uses these letters as a way of communicating with the
world outside her home. In the drama, before going to prison, we do not hear Miss Ruddock have a meaningful ... Show more content on
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This is a computer generated letter sent to all customers after a certain amount of time, and Miss Ruddock replies to by saying she 'thought it very
considerate of them for drawing this to my attention and in the event of me noticing any deterioration I would...get in touch with them'. This is another
example of loneliness as it shows her desperation to communicate with the outside world and will use any excuses to do so.
Miss Ruddock is lonely because she leads a very lacklustre life. Other than writing inappropriate letters to anyone she see's fit, she spends a lot of her
time sitting in her chair by the window, often looking over the actions of her neighbour's and casting judgement over their lifestyles. An example of
this is when she says 'Well, you've got a car, you've got a transistor, it's about time you invested in some curtains'. At the beginning of the monologue we
find out that Miss
Ruddock attended the funeral of somebody who, until their obituary was posted in the local newspaper, she had called the wrong name. she feels that
they are similar because 'She lost her mother around the same time I lost mine, she had a niece in Australia and I have one cousin in Canada, then she
went in for gas–fired central heating just a few weeks before I did'. This shows that she is lonely because she is so desperate to have something to do
in her leisure time that she
would
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Reasoning, Reasoning ( A )
Reasoning
Reasoning (A)
This court's reasoning clarifies the ambiguity and responds to the defendant's appeal regarding the application of "learned intermediary" into 3 sections.
1.Defining "Learned Intermediary" and what it means to the case in South Dakota Law.
2.How this applies to the deceit claim
3.How this applies to the failure to warn claim
Learned Intermediary doctrine places the responsibility on the manufacturer to clearly warn physicians of the risks of their product. In this case, it was
clear that the company had neglected to include key information that could have changed the decision of the plaintiff as well as the Physician's
recommendation for treatment. The court explained that the doctrine does not allow the ... Show more content on Helpwriting.net ...
The plaintiff who is making this claim is required to provide "proof of an intentional misrepresentation or concealment of a fact on which plaintiff
relied and that caused an injury to plaintiff." Northwestern Pub. Serv. v. Union Carbide Corp., 236 F. Supp. 2d 966, 973
–74 (D.S.D. 2002); see also
Arnoldy v. Mahoney, 791 N.W.2d 645, 660 (S.D. 2010).
The court decided that based on the facts laid out by the prosecution, there was more than sufficient evidence to meet the standard for deceit.
The testimony of Owens stating she was aware of the risks that the plaintiff experienced and that this was not included in the warning labels of the
product.
Another Ethicon medical director's testimony, Hinoul, stating the brochure did not include warnings for some of the symptoms the plaintiff experience.
The consistent neglect of Ethicon that resulted in the delay of printing of the warnings on labels despite them receiving the information before the
product's launch, all because they did not want to delay the product launch. The delay in adding these warnings which was supposed to be added after
the first batch but was not added until 2008 when courts ordered them to do so.
The plaintiff even went to the defendant's website in an attempt to educate herself beyond what was provided to her by her Physician and yet these
symptoms were not listed.
If the information the physician had was
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Example Of Unhappy Indihope
unhappy Indihope
"When you're unhappy, I guess everything in the world – reading; eating, sleeping has something buried somewhere inside it that just makes you
unhappier." ― Nick Hornby
Behind every successful man, there's a lot of unsuccessful years. – Bob Brown
All of us want to see our families happy, and we really work hard for that as well.
However, whatever we do, we cannot hide the truth, the truth of our life that we are way behind from happiness. It's not that we are not aware – we
know everything about it.
Though, we find it difficult to relate to us because of some habits; these are the habit's which doesn't allow us to fulfill our dreams.
No matter how many times we try until we vanish these, it would be hard for us to live ... Show more content on Helpwriting.net ...
One thing that is common with these people are, they never quit from their dreams, nor even they lose their confidence. For them; everything is part of
their job.
Although I am not saying that you should neglect criticism; as of my best knowledge, I find it as an improvement process. Take those into account that
has the adequate power. Constructive criticism is far better than blindly praising.
Losing Focus on the subject that matters: None of us wants to get down on the ladder of success, yet most of us don't follow the rules for that instead
we do the opposite. For example, we wish to see ourselves creative, yet we copy others.
If you want to see yourself happy and successful in life, then the first thing you will need to do is to focus on one subject.
Sart not getting distracted from the work that you care most. Respect your job and give your 100 present into it even when it may seem that it's not
enough.
Focus gives you energy and a challenge to progress in life. It helps you build the empire you want; channel your all positive energy into your one
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How to Be an Effective Hr Practitioner Essay
Introduction
The aim of this report is to demonstrate I can be an effective practitioner in Human Resources.
Users of HR Services within an Organisation and Key Needs of each User
After researching, I can determine three users of HR Services in the Organisation to be:
Employees of the Organisation
Management of the Organisation
Third–parties i.e. Clients
Two key needs of HR Services to the:–
Employee
1.Offer support to employees regarding equal opportunities to ensure all staff members have the same rights and privileges.
2.Verify that the employee is received the appropriate compensation including pay and benefits.
Management
1.Provide management with correct and precise information regarding an employee's ... Show more content on Helpwriting.net ...
Face–to–face Meeting Communication.
This is the most personal means of communication. With personal contact you can develop, build and maintain relationships. By meeting the
employee face to face you can understand the mood of the person by observing the body language, the information you receive is of a richer quality,
you can clarify information interactively and issues can be resolved much faster. This is best used for a back–to–work interview or appraisal.
Letter Communication.
This is the most formal means of communication. A record of the message can be obtained by both the company and the employee. This is best used if
the employee has to be notified of a contract amendment, recognition or termination.
Key Components of Effective Service Delivery
Building and Maintaining Good Relationships
To build and maintain a good relationship with employees, the HR practitioner will need to gain their trust. This can be achieved by meeting the
needs of the organisation as well as their own personal needs. As employees generally resist change, it is important to keep staff well informed of
changes, why the organisation is changing and how it will affect them in their day–to–day role.
Michael Armstrong articulates 'nothing succeeds like success'. Support for improved HR Practices can be accomplished by demonstrating to
employees it has been successful in other parts of the business. Ensure the employee understands that contributions will be welcomed
... Get more on HelpWriting.net ...
Why Don 't We Complain By William F. Buckley Jr
Who Can Complain As human beings we strive for more. The ultimate goal is to live a luxurious life and accomplish the goals we set out for
ourselves. Sometimes a person has to be grateful for what they have, and just allow faith to run its course. There is a saying in my country, "if you
have everything you want in life, and everything goes your way, you will die". What I mean by this is, once a person as accomplished all their life
goals, there is nothing left in life to fight for. Above all the material wealth one could wish for, the most important thing is respect. In "Why Don't We
Complain" by William F. Buckley JR, Buckley really found the lack of respect and the lack of consideration some people have, for him, intolerable.
Compared to "The Fourth of July" by Audre Lorde, her parents did not contradict any of life's circumstances, because they couldn't complain.
Complaining would have made the matter worse. Looking at these two essays I realize that complaining about something you feel is unfair is not
good, but there are certain complaints which are more serious than others.
Surprisingly, "Why Don't We Complain and "The Fourth of July" both had problems with the train system. A person would expect Audre's family to
complain more about the trains; instead it was William who mentions how uncomfortable he felt in that situation. In the Audre essay she mentions how
they could not dine in the diner car, meanwhile William was complaining about how hot the train was. He was
... Get more on HelpWriting.net ...
William F. Buckley's Why DonT We Complain?
Why Don't We Complain Essay?
In "Why Don't We Complain?", William F. Buckley, Jr. addresses how Americans are having the tendency to sit back and accept what comes, to purely
endure what happens to them. I think that Buckley's ideas on passive compliance and heedless insurance are precise and effective.
Passive compliance refers to sitting through the problem without stepping up to correct and in this essay, Buckley reflects on his own experiences
throughout the essay with complaints about society, and basically, says that everyone must complain to achieve what they want in life. That they need
to speak up.
Buckley, in the last line of a long paragraph 5, paragraph 6, paragraph 8, describes his experience in a movie theater where the movie was out of
focus and everyone sat through it anyway; in which they were most likely waiting for someone else to complain. "The picture is out of focus" "The
movie ended, as it had begun, just out of focus, and as we trooped out, we stretched our faces in a variety of contortions to accustom the eye to the
shock of normal focus'" (Buckley Jr, 1960 p372)
He describes the movie saying that Buckley also explains on, heedless endurance which also relates to sitting through a problem without voicing one's
opinion. A heedless endurance means that people are not voicing their opinions at all or enough. But after the line, "That tendency to passive
compliance, to a heedless endurance is something to keep one's eyes on– in sharp focus." (Buckley
... Get more on HelpWriting.net ...
Ombudsman's Contribution to the Task of Ensuring that...
Ombudsman's Contribution to the Task of Ensuring that Government Decision–Making is Conducted in a Defensible Way
The Parliamentary Commissioner for Adminstration (PCA) was set up under the Parliamentary Commissioner Act 1967 as a result of the Crichel
Down affair in 1954. It was thought that pre–existing judicial and parliamentary remedies did not provide adequate redress for members of the public
who suffered as a result of maladministration in central government. No action was being taken towards defective administrative workings, either
because it fell outside the jurisdiction of the courts or because MPs did not have sufficient powers to investigate it satisfactorily.
The Ombudsman stands as ... Show more content on Helpwriting.net ...
These include extradition and fugitive offenders, the investigation of crime by or on behalf of the Home Office, security of the States, action in matters
relating to contractual or commercial activities, court proceedings and personnal matters of armed forces, teachers, the Civil Service or police. The
government has always resisted the extension of the Ombudsman system into these areas. Furthermore, Schedule 2 does not include public
corporations, tribunals, the Criminal Injuries Compensation Board or, crucially, the police.
A further important limitation, the system of making the complaint through a Member of Parliament, has been much criticised: it is thought that this
'screening' of complaints does not serve the best interests of complainant. This is where direct access to the ombudsman is denied and the MP is made
to be the middleman. The involvement of MPs in the process may mean an inadequate working system since MPs do not possess the power to
investigate in great detail as to scrutinise the matter at hand to its depths.
Another problem that is seen within the role of PCA is also due to the lack of power to award remedy. However, the fact that the PCA operates
informally and privately has been thought to enhance his powers of persuasion. A good example is that of the Ostler case (1977), where the
Department of
... Get more on HelpWriting.net ...

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Duty Of Care Health And Social Care

  • 1. Duty Of Care Health And Social Care Unit 1 Principles for implementing duty of care in health, social care or children's and young people's settings 1Understand how duty of care contributes to safe practice (a) What it means to have a duty of care in one's own work role A duty of care is a legal obligation to all Health and Social carers and professionals who have to act in the best interests of individuals and others, also not to act or fail to act in a way that results in harm. This duty of care can be a general implied minimum standard of care or can be outlined in different codes of practice or guidelines in various legislation. This duty of care can also be more specific and defined in specific legislation for example Equality Act 2010 or the... Show more content on Helpwriting.net ... For example there is a set procedure if a person refuses to take their medication and all the steps and subsequent actions are detailed here to provide additional guidance. Similarly there is a set policy and procedure for any medication error. The support worker can refer to this document to find out who to contact, what to do, who to inform and what forms to fill. If a support worker needs additional or professional advice the Northern Ireland Social Care Council (NISCC) ... Get more on HelpWriting.net ...
  • 2. Chintale and Clinton Crm chintale and clintonChantale and Clinton 1. What were Chantale and Clinton's service expectations? How did they develop? п‚· The service expectations of Chantale and Clinton were 1. Good repair service and proper timely customer complaint redressal 2. They wanted a new refrigerator that would save energy and also be environment friendly. 3.Less vibration and the good performance by the new refrigerator. 4.They wanted value for money They developed these expectations because they owned the refrigerator of Bryand brand for 25 years that was still in good working condition. Almost every product in all the same company and they were satisfy with every product . 2. What is your evaluation of the Canadian's ... Show more content on Helpwriting.net ... The Canadian had been in business for long time ,so a bit of complacency had started to build in as they were a very trusted and one of the largest department store chain in Canada. Their customer redressal system was not up to date and a lot of operational changes could have been done to make the repairing services moretimely and effective.The employees of the company communicated only by email which could be changed . Their policies were very customer oriented but there was no proper authority in place to check that the companies processes and employees activities were in line to ensure that the polices were followed . 5. What service recovery alternatives were available to The Canadian? The repair men could be trained in the latest technological upgradations so as to be able to perform effectively as well as trained to handle customers well and help build proper aftersales relationships with the customers. The full system could to be upgraded so as to increase the timely response of the customer redresaal system through effective client file management sytem, personal level attention by the customer representatives as well as timely action by the repairemen . The customer redressal system could be outsourced to a professional company that could help the company relieve itself from the headache of handling the aftersales and help the company handle the repair services well. 6. Could Chantale and Clinton have done anything differently? If yes, what? If no, ... Get more on HelpWriting.net ...
  • 3. Case Analysis : Indiana Rules Of Trial Procedure The Question: Has the Plaintiff, Linda D. Daugherty, included the operative facts for cause of action in her claim against the Defendants, Casual Lifestyles Realty, Inc. and Rauleigh J. Ringer, or has said Plaintiff insufficiently stated the facts, therefore making indefinite allegations and validating the move for a more definite statement? Or, is it that, the mechanisms of discovery could be an open alternative to the Defendants, which would aid in gathering any information needed for the defense to frame a response to said Plaintiff, therefore invalidating the Motion pursuant to Rule 12(E) of Indiana Rules of Trial Procedure? Background: Based on the given complaint, on the 28th of March in 2014 the Plaintiff, Linda D. Daugherty suffered an injury on the property of Rauleigh J. Ringer at 814 N. Liberty Street, Alexandria, IN. She is claiming her injury was a result of negligence spawning from the actions, or lack thereof, by Mr. Ringer and Casual Lifestyles Realty, Inc., in which the connection of these three parties has not been clarified with certainty within the claim. The Defendants, by counsel, Mark Maynard, and, pursuant to Rule 12(E) of the Indiana Rules of Trial Procedure, moved for a more definite statement of the Plaintiff's Complaint. Mark Maynard argues if said Plaintiff could amend her complaint that is supposedly so vague and ambiguous, the newfound clarity would help the defense frame a response to said Plaintiff's claim. No other information could be ... Get more on HelpWriting.net ...
  • 4. Questions On The Space Provided Essay Task 4. 1. In the space provided, you are to provide a step by step process on how to deal with the complaints; A. First of all, I will listen to their complaint and note the main points that they are mentioning, assessing the situation they are in and is it a valid complaint that can be solved through our systems. I will not present a challenge to the complaint by adding anything from my thinking. Putting my emotions aside I will thank the customer for sharing their concerns with me and try to make them feel less worried so they can explain me In a better way. I will remain flexible in my thinking and acknowledge everything that they said with light words, such as "I understand", "Alright" to let them finish the sentence. After they have completed the conversation, I will offer an apology with the gratitude and following up with their talk I will explain and offer them my action on the conflict, with the sentences such as "I have noted down your complaint and will thoroughly consider it" etc. 2. why are customer complaints important? A. A good and quick customer complaint resolution is good for the business as this will make them more loyal to the business, and is categorized as a good experience. A failed complaint resolution will leave the customer dissatisfied with the service and has the potential for cessation of the business because of the perception that the company doesn't care about them. The customer complaints are feedbacks and should be logged to see what ... Get more on HelpWriting.net ...
  • 5. Why DonT We Complain By William F. Buckley Jr. If a person had the option to change the world for the better, would they? If they would, then why is it when a person gets minor inconvenienced by a small problem like not having enough chips for the bean dip, they just accept the problem and they do not do anything about it. William F. Buckley Jr. Wrote an essay called, "Why Don't We Complain". Buckley is giving the readers his experience on both the lack of care within the political system and also the apathy people give when it comes to life's minor roadblocks. Society needs to learn that fixing minor problems when given the chance is better than letting a problem grow so much that it starts affecting other people. The audience that this essay is directed to will learn the message of why people should complain, and the purpose the author has to complain. People will do nothing to fix minor, everyday problems; even if the problem is as minor as someone invades someone else's personal space. For example, While Buckley was riding on an airplane, he was inconvenienced by a flight stewardess that could not take Buckley's empty food tray back to the kitchen (76). If he would have only been more affirmative with his words, things would have definitely been different for him. So considering that the author has had experience with being complacent in the real world, Buckley knows the problem of people being passive on a personal level. Buckley wants to show the audience that even the author of the essay can go through the same ... Get more on HelpWriting.net ...
  • 6. Statutory Frameworks, Code Of Practice And Guidance... In order to maintain the quality and high customer satisfaction rate in many service provisions, managing complaint is the essential part which makes no exemption in health and social care setting. There are many statutory frameworks, code of practice and guidance regulating the service provision in health and social care setting. The local Authority Social Service and National Health Service (England) Complains regulation 2009 (amendments) is the statutory regulation provide guidance on local authority in terms of how to manage complain. The Local authority here refers local council, and the National Health Service refers national public hospitals in the England. In the amendments the regulation not only set out frameworks for Pharmaceutical Services, General Dental Services Contracts and General Medical Services Contracts; and as part of health and social care setting the independent provider are also included to implement the regulations on how to handling complaints in their service provision. Furthermore, according to the regulation responsible body has to have arrangements for the handling and consideration of complaints and to point responsible person to ensure the effective implement of the regulation in the service provision. As result of the regulation, big independent organisation like us has to have complaint policy in place to ensure the service user to raise concerns and complaint and the registered home manager will be the person to be responsible that all ... Get more on HelpWriting.net ...
  • 7. Descriptive Essay About My Grandmother My grandmother was a tough lady. At just over five feet tall, she was the kind of woman that you saw on the street and knew to move out of her way. Her demeanor was strict, her hands tied with thick blue veins, crissВcrossing over her thin, frail fingers. I remember holding her hands as a child, how delicate and soft they seemed and yet that never made them seem any less worn or sturdy. Her hands told stories of different times, of different worlds and hardships. She had grown up worlds away from me, in a different land, at a different time, in an era and a life that I would never know. My grandmother had stories. But, she never told stories. Her stories were in the way she ate – she savored her food, cherished it. Often she would be ... Show more content on Helpwriting.net ... She was seldom outwardly affectionate. She didn't need to be. When I wrapped my arms around her small frame, afraid I would break her, she responded with a strength disproportionate to her size. She held tightly, like she was holding on for dear life, and then she let go, she smiled and she moved on. My grandmother was an intelligent woman. She had little schooling, but she had run businesses. She had managed on her own, with a husband and sons, in a country that didn't care for her or her culture, but only for their aggrandized version of it. Her experiences were rightful cause to be jaded and hard, and yet she saw brightness and she saw brightness in me. She saw the great things in life, she loved hard and appreciated the little things – us going for a walk together or just sitting in the sun on a warm day. My grandmother's stories were in her complaints.
  • 8. My grandmother complained about petty things: things that I would complain about. But she never complained about life and she never complained about pain. My grandmother had developed a brain tumor, which when removed, removed much of her immediate memory. For a long time, she didn't remember my name. She had no idea who I was. But she tried and she learned. She understood perseverance and the importance of people and she carried on against all odds. The last time I spoke to her, she knew exactly who I was, despite ... Get more on HelpWriting.net ...
  • 9. Essay about Consumer Behaviour Protfolio Introduction Consumers should know their consuming behaviour before purchasing a product. The purpose of this portfolio is to review and evaluate my own consuming behaviour distributed over three categories. Firstly, I will review on my philosophical assumptions and to discuss about my beliefs on the importance of advertising and marketing. Secondly, I will identify a consumer behaviour that I have done recently and to analysis what type of decision maker I am. Finally, I will examine how do I express my complaints to the organisation and my dissatisfaction. These three categories are formed by different worksheets. This portfolio is designed to help and understand how to take advantages from my consumer behaviour when purchasing... Show more content on Helpwriting.net ... My group member Ocean who is also from Taiwan, a male and has a similar age as I do responded likely to my opinions. The other girl who is from Hong Kong had slightly different answers to me. Are you surprised by your findings? The results from the group members are not surprising, results are diverse as everyone followed the instruction and answered the above questions by reflecting their own opinions. Part B – Application 3. Using the Engler 2003 reading and consumer behaviour theory in your textbook, explain how your dominant view influences your perception of the relationship between marketing and consumers. My perception between marketing and consumer is that, there must be enough consumers to form a market, which comes up with marketers starting using strategies for "Marketing". The relationship between marketing and consumer has always been varying. In the modern society, consumers are tend to be more demanding with their growing affluence, growing complexity of goods and services and also have more leisure. It has become more challenging or the organisations and especially in the service industries sector. (Nair, Suja R, 2009, p.467) How do you think your dominant view influences: i) Your beliefs about the power of advertising Marketing expert Bonura said, "companies aren't always successful simply because they have a valuable product or service." He believe that organisations should struggle if the ... Get more on HelpWriting.net ...
  • 10. Essay about Nvq Level 3 Adult Social Care Understand how duty of care contributes to safe practice. 1. Explain what it means to have a duty of care in own work role. It is very important as we are responsible for all the members while they are attending the project and it would not be professional if any of them were to come to any harm. 2. Explain how duty of care contributes to the safeguarding of protection of individuals. Duty of care is a requirement to exercise a reasonable degree of attention and caution to avoid negligence which would lead others to harm. You need to be aware of the surrounds at all time and check if there are any hazards which could be harmful. 2. Know how to address conflicts or dilemmas that may arise between an individual's rights and the... Show more content on Helpwriting.net ... 1.1vi Self neglect This is abuse that an individual does to themselves 1.1vii Neglect by others Caused by others 2. Identify the signs and/or symptoms associated with each type of abuse. Physical abuse вќ– Bruises (black eyes) вќ– Broken bones вќ– Open wounds, cuts, punctures вќ– Untreated injuries вќ– Unexplained injuries вќ– Individual's reporting of been hit, slapped, kicked or mistreated Sudden change in behaviour Sexual abuse вќ– Bruises вќ– Soreness around the genitals вќ– Pregnancy вќ– Unexplained venereal disease or genital infections вќ– Unexplained vaginal or anal bleeding вќ– Torn, stained or bloody underclothing вќ– An individual's report of being sexually assaulted or raped Emotional/psychological abuse вќ– Being emotionally upset or agitated вќ– Being extremely withdrawn – non responsive вќ– Unusual behaviour вќ– Depression вќ– Confusion вќ– Nervousness вќ– An individual's report of being emotionally/psychologically been abused Financial abuse вќ– Sudden lose in assets вќ– Bills not being paid вќ– Lack of funds on a day to day basis вќ– Insufficient food in the house вќ– Unusual or inappropriate financial transactions Institutional abuse вќ– Lack of privacy when personal care being given вќ– Lack of personal clothing or possessions вќ– Lack of a proper complaints procedure вќ– A history of valid complaints вќ– Poor communication between staff, service users, managers and visitors вќ– Breaches ... Get more on HelpWriting.net ...
  • 11. The Case Of Harvey And Capability Limited The Case of Harvey and Capability Limited Before analysing, Harvey needs to be advised that there are two known clauses that exist in a contract; limitation clause and exclusion clause. He needs to understand that there is a difference between both of these clauses. When there is a breach of the contract, the limitation clause that is relied on in a contract and enforced would make an effort to pay for certain damages. This can only be used as an indicator for Harvey to recognise their differences, but, it will not be explained any further as the enquiry made is only related to exclusion clause. Capability Limited is a private limited company that has subcontracted a sole proprietor, Reckless Enterprise. As the damages were done by Reckless Enterprise, with the matter of who is liable to pay for it, the court needs to look deep into the consequences of Capability Limited and how Reckless Enterprise was included in the Memorandum as a third party. Exclusion Clauses If the contract is breached, the party relying on the exclusion clauses will not be responsible for paying for any damages (Treitel, 1995). If the document does not have any intention for the contract, exclusion clause will not be bound. As it can only be defined in this manner, Harvey also has to ... Show more content on Helpwriting.net ... It is a philosophy of Contract Law. There should be an intention to make an offer, and, to accept and consider to it. Although it is read without comprehending, the person signing the contract would still be bound by it. In L'Estrange v Graucob, the claimant purchased a cigarette vending machine and signed the order without reading the clause. She sued the defendants as it did not work but the court argues that, once signed, she was automatically bound by the clause regardless of whether she read it or not. However, in other cases, it can be argued that there are other exceptions that would be convinced that exclusion clauses will not be ... Get more on HelpWriting.net ...
  • 12. The Importance Of Issues In Special Education Introduction Special education creates opportunities for students, parents, teachers and related staff and administrators to work together to improve educational results students with disabilities. IEPs and 504s are the plans that help educators to develop education for each student with disabilities. The IEP is an important legal document that handles issues in special education properly. There are so many rules that school personnel must follow. In this assignment, I will identify effective procedures for documentation and remediation of the teacher, her behaviors and the allegations about her regarding a special education student. 1) Detail all steps you would take relative to the complaint by Julia's parents. Identify any and all steps and documentation necessary under your state's laws and district policies, as well as specify what any documentation you should include and what you will do with it. First, I would suggest the parent file to a formal complaint about the teachers if they feel the teacher is treating Julia differently than every other student and singling her out. According to Washoe County School District (WCSD) policy, student or parent must fill out the formal student complaint based on allegations of discrimination. The WCSD board policy is specifically connected student issues and parent complaints, not every concern or a complaint is covered under the WCSD policy and procedures. Some complaint have their own policy and procedures to follow. ... Get more on HelpWriting.net ...
  • 13. Case Analysis : V. J. Foster Phillips Funeral Home, Inc.... Greer Lukens Case Brief #1 BUS251 SC01 12:15 – 13:30 S. Conroy 10 April, 2015 Mobley v. J. Foster Phillips Funeral Home, Inc. 2015 NY slip Op 50436(U) History: Plaintiff's and Defendant's were involved in an automobile accident that occurred on 3 November, 2010. Whereby, thePlaintiff's are suing for personal injury as a result of injuries sustained or allegedly sustained during subject accident. The NY Supreme Court, Queens County decided the case and no lower courts authored any opinion. FACTS: 1.Plaintiff's, J. Mobley, A. Watson, Michelle Watson, A. Watson jr, O. Watson, by their mother and natural guardian, Michelle Watson. 2.J. Foster Phillips Funeral Home, Inc., J. Leary, R. Record, M. Grenald, Defendants 3.Plaintiffs and Defendant's do not dispute involvement in an automobile accident that occurred on November 3, 2010. 4.Damages sought for personal injury as a result of automobile accident for all Plaintiffs 5.Motion filed by Defendants J. Foster Phillips Funeral Home, Inc., and J. Leary to dismiss complaint of Plaintiff's. 6.Cross Motion filed by Defendants R. Record and M. Grenald to dismiss complaint of Plaintiff's. 7.Cross Motion filed by Plaintiffs for an order to strike Defendants' answer for failure to exchange IME's report within (30) days ISSUE: 1.Did the Plaintiff's sustain "serious injury" to maintain an action of personal injury? 2.Did the Defendants provide evidentiary proof in admissible form to shift the burden of
  • 14. ... Get more on HelpWriting.net ...
  • 15. Case Study of Handy Andy, Inc. Case Study: Handy Andy, Inc. 1.Is this a customer service problem? Why or why not? Yes, customer service is a problem. Customer service is defined by "the ability of logistics management to satisfy users in terms of time, dependability, communication and convenience (Murphy & Wood, 2011)." These are the goals that are utilized in establishingcustomer service objectives. For those customers buying from small dealers provided extensive delivery times and therefore the time and not met by the customer service definition. In some cases, customers were told the item was out of stock and to cancel the order in order to buy a better from them for the same price and therefore, discrediting the small business. For those that didn't have that experience for the small dealer, had the experience of having the item delivered and left in the middle of the kitchen floor which provided poor customer service. During the delivery, very little communication was between the customer and the delivery individuals occurred. The integrity and dependability of the product may also be in question by customers. Even though Ortega has from a product standpoint very few complaint in regards to the defects in the compactors. 2.Marketing channels are the arrangement of intermediaries (wholesales, retailers, and the like) that the firm uses to achieve its marketing objectives. Is the problem discussed in Handy Andy's marketing channels? Why or why not? Utilizing the factory distributor ... Get more on HelpWriting.net ...
  • 16. Explain What Is Means to Have a Duty of Care in Own Work Role Unit SHC 34 Principles for implementing duty of care in health, social care or children's and young people's settings 1.1 Explain what is means to have a duty of care in own work role| As a childminder I have a duty of care to keep all my minded children safe, healthy and comfortable while making sure their rights are guarded. I have a duty of care to keep children from harm whether physical or psychological. I carry out risk assessments in my home and when out and about to avoid potential hazards to children. Risk assessments are reviewed every year or when accidents/incidents happen and there is a need for review. The house is equipped with safety equipment to minimise risk of injury or harm. Stair gates, plug sockets and cupboard... Show more content on Helpwriting.net ... | Unit SHC 34 2.1 Describe potential conflicts or dilemmas that may arise between the duty of care and an individual's rights.| Children love to play and explore. For example while in a park a child will want to climb a ladder to go on a slide. Natural reaction may be to hold or even pick up a child and put them up. Children learn best when trying and experiencing things themselves. There is a risk of a child slipping and falling of the steps but a child also has a right to experience facilities to aid their development. Children need to learn how to predict and avoid dangerous situations.Another potential dilemma may be confidentiality. I must ensure that all personal information is kept confidential and is not shared with anyone else unless permission form is signed. But if there is a case of concern that a child's welfare may be at risk social services have to be informed.There is also a possibility of conflict with parent's wishes due to their culture and religion. | 2.2 Describe how to manage risks associated with conflicts or dilemmas between an individuals rights and the duty of care.| Whilst having a duty of care it is important to find the right balance between children's rights and parent's/carer's responsibilities. Sometimes children's rights may outweigh the risk. As a childminder I am there to support all children on their journey of learning and experience. ... Get more on HelpWriting.net ...
  • 17. Essay about Work Within a Legal and Ethical Framework Work within a legal and ethical framework Task A Question 1 Why is important for a worker in the csi to follow their job description? It is important for a worker in the community service industry to follow their job description as it is important that they give a professional standard of the service. It is also due to confidentiality. Community service workers have duty of care to their clients. Also it is important they follow their job description because different services may have different policy and procedures and guidelines that need to be followed accurately so that duty of care is upheld to each client. Question 2 Define the term policy. A policy is a course of action or guidelines to be followed. Question 3 Define the... Show more content on Helpwriting.net ... Ask Julie if she would like to be referred to AA and counselling to help her with her alcohol abuse and the domestic violence she experienced whilst she was with bill 2. At the request of the client act as an advocate and or support for clients accessing referral services and other agencies Call other services to see which services can help Julie with the support and assistance she and her family need. 3. Provide outreach services as required Organize for Julie to call St Vincent de Paul and other organisations that deal with helping people with financial aid so she can get help wit food vouchers, rent, and power bills (etc.) Question 4 As the worker identify and discuss 2 ethical dilemmas in this case study. 1. Heavy drinking: with evidence of heavy drinking it automatically puts the kids at risk of harm especially when Julie is intoxicated who is there to look after the children 2. Domestic violence: Julie has already left bill ounce for domestic violence and she is now planning to take bill back which puts the kids at risk of harm with the fighting and violence that bill brings into the home Question 5 What principles would you need to be aware of when dealing with the ethical dilemmas in this case study? * Be very clear on the guidelines of your particular profession * Be familiar with and guided by all relevant standards which further define how legislation is applied. I am a family ... Get more on HelpWriting.net ...
  • 18. Malicious Prosecution Discussion I. Can our client satisfy the first requirement for a malicious prosecution suit that requires that the termination of the earlier suit be in the plaintiff's favor when in our client's case their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind about her claim? To meet the first element –favorable termination– a plaintiff cannot rely on a settlement of the case that both parties agree to. Once the litigation ends by settlement there is no favorable termination for the purpose of pursuing a malicious prosecution. A favorable termination is satisfied by abandonment or dismissal and without any final determination merits. However there are preceding cases that require that ... Show more content on Helpwriting.net ... The judgment entered by the trial court on the motion to dismiss was reversed because a termination must be in favor of the person against whom civil proceedings are brought. To have an action for malicious prosecution, our client must prove that a favorable termination has taken place. In the Colli case it establishes that a voluntary dismissal "without prejudice" of a will contest is a favorable termination. In the Frey case it is stated that when a termination or dismissal indicates in some fashion that the accused is innocent of wrongdoing it is a favorable termination. Also a termination without a trial on the merits may be a favorable termination of litigation if the circumstances indicate the innocence or freedom from liability of the defendant. In a case where there is no adjunction on the merits the existence of favorable termination of the prior proceeding, you must look at the facts to determine what actually occurred and whom the termination benefitted. II. Can our client show a special injury from another earlier suit against him, as required to have an action for malicious prosecution, when his charter boat was seized pending the suit as allowed by state, and when his professional reputation was damaged because of the suit? To meet the fourth element –special injury– a plaintiff must show a special injury from the previous malicious suit. A special injury can be met by ... Get more on HelpWriting.net ...
  • 19. Finding A Civil Case At Howard County Court After three failed attempts at finding a civil case at Howard County Circuit Court about a business related and another two failed attempts at the Baltimore County District Court, I was finally able to attend a civil docket at Baltimore County District Court. The court is located at 900 Walker Avenue, Catonsville, 21228 in Maryland. Most of the cases, I saw when I came at 9: 00 a.m. on November 3rd, 2014 for the morning docket were contract or tort cases and Judge Marsha L. Russell was presiding it as well as encouraged five sets of group to talk Plaintiff Brian DMD Moore vs Defendant Wilbur Lucas, Plaintiff BQ Management, LLC vs Defendant Dameka Carroll, Plaintiff Mercy Medical Center vs. Defendant Melvin R. Cook, Plaintiff Apartment Services vs Bethea J Scherrie and Plaintiff Regional Management vs Defendant Cynthia M Crook. The case numbers for the five cases are 0004632–2014, 0020559–2014, 0020690–2014, 0020636–2014, and 0011960–2014. Another case was dismissed the Plaintiff Sinai Hospital of Baltimore, Inc. vs Harvey Singleton and case number 0020400–2014. One other case was continued for another day Plaintiff Damian Banks vs George Sturton/ Alexis Brown. Next, Judge Russell called case Plaintiff Keith Dixon, Anthony Dixon, Antonio Johnson vs Defendant Hameed Lagoke/ Tierra D. White. The case number was 0018314–2014, 0018315–2014, and 0017154–2014. The plaintiffs had their attorney Michael E.J. Merod asks to dismiss the charges against Tierra D White because she ... Get more on HelpWriting.net ...
  • 20. Iii.Factual Background In Support Of Summary Judgment. III.Factual Background in Support of Summary Judgment A.Avey Buys the Adjacent Vacant Lot and Informs Plaintiffs of his Home Plan In the Fall of 2012, Avey purchased a small vacant lot adjacent to Plaintiffs at 2816 Westside Lane Fort Worth, Tarrant County, Texas 76109. (Orig. Pet. 2). Plaintiffs were "extremely upset" to find out before construction began that Avey wanted to build a four–story home next to Plaintiffs' more traditional, art–deco style home. (Id.). Construction subsequently began in November of 2012. (Id.). B.Avey Hires Independent Contractor Rex Doss to Paint the New Home Avey is a lawyer with no experience in exterior home painting. (Doss Dep. 4). Due to a lack of experience, Avey hired an independent contractor ... Show more content on Helpwriting.net ... (Doss Dep. 4; Def.'s Dep. 1). Doss, despite thinking the scaffolding was pretty flimsy, carried three pre–mixed paint cans to the top and began painting. (Doss Dep. 4). Doss seems to remember a burst of wind knocking the scaffolding over. (Id.). Gold paint landed on the plaintiffs' Italian tiled roof and new air conditioning unit. (Orig. Pet. 3). Upon notice of the accident, Avey apologized profusely and offered to pay the cost of cleaning the spilled paint. (Orig. Pet. 3). However, Plaintiffs refused and found their own paint removal specialist who "bleached out" some of the tile. (Id.). The roof is slightly discolored, but no one driving by would notice the discoloration. (Def.'s Dep. 1). Additionally, Plaintiffs hired Coolright, Inc. to take off the exterior shell of the AC unit, sand the surface, and repaint it. (Orig. Pet. 4). Coolright determined that this was all that was needed to remove the paint. (Id.). In the process of removing the exterior shell, Coolright damaged the condensing coils. (Id.). D.Avey Expressed his Opinion Regarding Plaintiffs' Hostility After the accident, Plaintiffs acted hostile towards Avey and his new home. This hostile behavior, which continued for nearly a year, is evident throughout Plaintiffs' original petition calling the house ... Get more on HelpWriting.net ...
  • 21. Trial Procedure in the Movie A Civil Action Essay In the film, A Civil Action, Trial Procedure was shown throughout the entire movie. There are many steps that need to be completed before a verdict and judgment can be reached. These steps are the pleadings, methods of discovery, pretrial hearings, jury selection, opening statements, introduction of evidence, cross examinations, closing arguments, instructions to the jury, and the verdict and judgment. The case in this movie was actually called Anderson v. Cryovac. The plaintiffs are the Anderson family, the Gamache family, the Kane family, the Robbins family, the Toomey family, and the Zona family. The plaintiffs' attorneys are Jan Schlichtmann, Joe Mulligan, Anthony Roisman, Charlie Nesson, and Kevin Conway. The two co – defendants are ... Show more content on Helpwriting.net ... He believes that there is a problem with the town's drinking water. Many other witnessed expressed their families' problems in their health history. This now leads to the pretrial hearings. A Pretrial Hearing is when the judge outlines the law to the attorneys regarding the case as a final attempt to achieve an out–of–court settlement. No attorney ever wants to go to court because the case that they took on now becomes very expensive and takes a long time for the case to reach a verdict. Most of these cases are you settled out of court. The defendants attempted to settle but the plaintiffs' attorney wouldn't settle with them because they wanted more money. Next, the jurors need to be selected. The jury selection started February 18, 1986 and ended on February 25,1986. In this case, the jurors were Harriet Clark, Jean Coulsey, Robert Fox, Linda Kaplan, Vincent O'Rourke, and William Vogel. In atrial, all the attorneys must present their opening statements. The actual trial began in early 1986. Their opening statements consist of the attorneys describing how they're going to present their rationale. The plaintiffs' attorneys made their opening statements favor their clients and make their defendants look like big companies that did something terrible and that they needed to be punished for it. The defendants opening statements involved them saying that they had no involvement in the deaths of these ... Get more on HelpWriting.net ...
  • 22. The Code Of Civil Procedure Even if Plaintiffs' Third Amended Complaint complied with sections 2–603(a) and (b) of the Code, multiple counts fail to state a cause of action for which relief may be granted or are otherwise barred by defects and affirmative matters. Therefore, this Court should dismiss those claims pursuant to section 2–619.1 of the Code of Civil Procedure. Section 2–619.1 of the Code permits a party to combine a 2–615 motion to dismiss with a section 2–619 motion to dismiss. A motion to dismiss pursuant to section 2–615 attacks the legal sufficiency of the complaint. Borcia v. Hatyina, 2015 IL App (2d) 140559, В¶ 20. Although pleadings should be liberally construed, Illinois is a fact–pleading jurisdiction and a complaint must allege facts – not mere legal conclusions – to establish a viable cause of action. Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 305 (2008). Therefore, a trial court should grant a motion to dismiss pursuant to section 2–615 of the Code when it is " 'clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.' " Turczak v. First American Bank & Lebow, 2013 IL App (1st) 121964, В¶ 15 (quoting Pooh –Bah Enterprises, Inc. v. County of Cook, 232 Ill. 2d 463, 473 (2009)). By contrast, section 2–619 of the Code provides for an involuntarily dismissal based on certain defects or defenses, and specifically, section 2–619(a)(9) permits dismissal where a claim is barred by other affirmative matters defeating the claim. ... Get more on HelpWriting.net ...
  • 23. Why Don 't We Complain People love to complain. They love to share their opinions with the world––especially if they are negative. Most people, though, know that there is a time and a place to complain, that its appropriateness and efficacy depend on the circumstances. William F. Buckley Jr., in his essay Why Don 't We Complain?, discusses what he perceives as a failure of people to recognize things they can or should complain about, and tries to tie that deficit to the lack of participation in the American political process. He was not wrong about there being a lack of interest in politics. He fails, however, to establish a correlation, much less causality, between the avoidance of complaining and political apathy. His reasoning that our lack of complaining is solely based on anecdotes which seem to support his view. Counter–anecdotes would be very easy to find. These anecdotes also contain many assumptions that he doesn't appear to have the basis for asserting. Buckley tries to connect his brief anecdote about being uncomfortable on a train to a much bigger political situation, flimsily. He writes of being on a crowded train car with many people, with a temperature of 85 degrees, even though it was freezing outside. He reports, "The conductor had nonchalantly walked down the gauntlet of eighty sweating American freemen" He doesn't use the phrase "American freemen" accidentally. He may be trying to be slightly humorous, but he is also trying to connect the small, even trivial, to the grander ... Get more on HelpWriting.net ...
  • 24. Unit 519 Develop Procedures And Practice To 1 18.09.2014 Leigh Bown Unit 519 – Develop procedures and practice to respond to concerns and complaints. Introductions п‚› Getting to know you... п‚› About me... – CQC Inspector (South Central) – Adults with Learning Disabilities – Children and Young People – Occupational Therapy – Therapeutic Supervisor пЂ Community and Organisational Development пЂ Father and Husband Important points п‚› Facilitate and share vs teach п‚› Confidentiality п‚› I dislike power–point п‚› There will always be something else to do, don't forget yourself.
  • 25. Objectives of the unit... п‚› Understand the regulatory requirements, codes of practice and relevant guidance for managing concerns and complaints. п‚› Be able to develop procedures to address concerns and complaints. п‚› ... Show more content on Helpwriting.net ... (2) In particular, the registered person must– (a) bring the complaints system to the attention of service users and persons acting on their behalf in a suitable manner and format; (b) provide service users and those acting on their behalf with support to bring a complaint or make a comment, where such assistance is necessary; (c) ensure that any complaint made is fully investigated and, so far as reasonably practicable, resolved to the satisfaction of the service user, or the person acting on the service user's behalf; and (d) take appropriate steps to coordinate a response to a complaint where that complaint relates to care or treatment provided to a service user in circumstances where the provision of such care or treatment has been shared with, or transferred to, others. (3) The registered person must send to the Commission, when requested to do so, a summary of the– (a) complaints made pursuant to paragraph (1); and (b) responses made by the registered person to such complaints. п‚› What does the regulations say? Assessing and monitoring the quality of service п‚› provision п‚› 10.–(1) The registered person must protect service users, and others who may be at risk, against the risks of inappropriate or unsafe care and treatment, by means of ... Get more on HelpWriting.net ...
  • 26. Questions On The County Court Money Claims Online IN THE COUNTY COURT MONEY CLAIMS ONLINE CASE NO B59YM066 BETWEEN: SHANE TRAYLEN & COMPANY LIMITED Claimant –&– CLARE STACEY Defendant _______________________________ PARTICULARS OF CLAIM 1.The entities involved in the dispute are 1.1.On the 21st July 2009, the Claimant SHANE TRAYLEN AND COMPANY LIMITED FORMERLY KNOWN AS, TRADE EXPERTS AND COMPANY LIMITED (TXCO) entered into a contract with theDefendant for the supply of building services (Fit–out works). 1.2.At all material times, the Defendant MISS CLARE STACEY (Approx. 2 months Pregnant) was the owner, and SOLE TRADER known as THE BAMBOO BAR AND LOUNGE 2.In June 2009, the Defendant approached Claimant regarding undertaking the fit–out works at her proposed Bamboo Bar and lounge ... Show more content on Helpwriting.net ... 3.2.The Defendant 's negligent actions and carelessness placed others at risk and caused severe financial disruptions and loss to the Claimant to the sum of ВЈ 55,329.00 plus damages and interest as indicated in invoices and statement of costs. 4.On the 21st July 2009, The Claimant submitted a brief quote of ВЈ14835.00 plus Vat @15% for the essential works required by the Defendant. The quote clearly indicated that the Claimant would charge the Defendant accordingly for any additional costs. Mr Traylen Personally explained the procedure systematically so as the Defendant fully understood and agreed on the Claimants terms and conditions. She was made entirely aware that payment was within a period of 14 days of submission as specified. 4.1.The Defendants actions to initiate works unlawfully entered her into a contractual obligation, legally binding her to the contractual agreement of terms and conditions set out by the Claimant. 4.2.The Defendant after that assured the Claimant everything was right to progress and issued Mr Traylen with a set of the premises keys for the
  • 27. proposed bar on 325 Fleet Road, and instructed him to start works on site immediately. The Defendant fraudulently misled the Claimant into a contract of works, without a secured a loan, funds or the means of paying for works. The Defendant after that breached the contract for non–payment for services, as she did not have the ways ... Get more on HelpWriting.net ...
  • 28. Berkson Vs Gogo Case Summary Citation The name of the case is Berkson v. GoGo LLC. Adam Berkson and Kerry Welsh are the plaintiffs. GoGo LLC and GoGo Inc. (collectively referred to as the company or GoGo) are the defendants. The United States District Court for the Eastern District of New York decided this case in 2016. The citation states that this case can be found in Volume 97 of the Federal Supplement, Third Series, on page 368–76. Facts A. The reasons for the lawsuit This putative class action involves the purchase of Internet service connections ("Wi–Fi") on air flights. The case alleges that the Plaintiffs, Berkson and Welsh, when purchasing a monthly service pass for GoGo's in–flight Internet Service received no notice about a recurring monthly charge. After... Show more content on Helpwriting.net ... However, during that period of time, Welsh never received any form of communication from GoGo notifying him that he had signed up for an automatically renewable monthly subscription. Plaintiff 2: Berkson argues that an arbitration provision was not present in September 2012 when plaintiff Berkson signed up for GoGo's Wi–Fi. Such a provision was first inserted into the company 's "terms of use" in December 2012. Berkson claims that his credit card was charged for GoGo's services from September 2012 until December 2012. Berkson first contacted GoGo to notify them of the time period in which he was charged for the service but did not use it. He requested a refund but GoGo denied the request. Berkson's credit card company, American Express, later refunded him. Like Welsh, Berkson also claims that he never received any form of communication from GoGo notifying him of the automatic renewal subscription for in–flight Wi–Fi. The layout of GoGo's webpage slightly changed from August of 2011. When Berkson subscribed to the services, there was a statement above the sign in button that read, "By clicking 'SIGN IN' I agree to the terms of use and privacy policy". However, there was two sign–in buttons that were displayed on the webpage and the statement only appeared above one of the buttons. In the statement, the terms of use and privacy policy were underlined, which indicates that a hyperlink existed. However, by clicking either of the sign in buttons, the terms of use ... Get more on HelpWriting.net ...
  • 29. Ms. Singleton And The Civil Rights Act Of 1964 In this case, I would favor in light of Ms. Singleton. Likewise, Ms. Singleton had undergone much repeated inappropriate conduct, including many sexually suggestive comments and propositions. Therefore, Ms. Singleton brought an action against her employer. Ms. Singleton claimed the sexual harassment almost immediately took place shortly after beginning her job. Essentially, she was not given prompt and reasonable care in regards to her complaint of alleged sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964. In addition, the misconduct complained about took place approximately four times a week. Moreover, her complaint did not allege that her employer took any tangible employment action... Show more content on Helpwriting.net ... Thus, an employer violates Title VII when the workplace is filled with discriminatory sex–based intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim 's employment and create an abusive working environment. In order to establish that she has an actionable claim for sexual harassment in the workplace under Title VII, Mrs. Singleton was required to exhibit that the offensive conduct was unwelcome, was based on her sex, was sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work environment, and was imputable to her employer (Wellington–James, 2015). Essentially, the case could go in light of the defendant. Despite the fact that Ms. Singleton did not prove that the offending conduct was sufficiently severe or pervasive to alter the conditions of her employment. Generally, we determine whether a work environment is sufficiently hostile by looking at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere insulting statement, and whether it unreasonably interferes with an employee 's work performance. It is established that simple teasing, offhand comments, and isolated incidents will not amount to discriminatory changes in the terms and conditions of employment. Title VII is not intended to serve as a workplace civility code. After careful review, we ... Get more on HelpWriting.net ...
  • 30. California 's Court Of Appeal California's Court of Appeal Clarifies Application of anti–SLAPP Statutes to Attorney Malpractice Actions California's "anti–SLAPP" statute (codified in Code of Civil Procedure section 425.16) protects the Constitutional rights to freedom of speech and right of petition by subjecting any cause of action that chills these rights to be subject to a special motion to strike. In the context of a complaint against an attorney for malpractice, the California Court of Appeal recently clarified its application under existing precedent and held the anti–SLAPP statute did not apply to claims against attorneys by former clients. In Loanvest I, LLC v. Utrecht et al (2015) 235 Cal.App.4th 496, the plaintiff brought an action against its attorneys for malpractice for failing to put its interests before a former client, resulting in damage. At the trial level, the court granted the defendant law firm's special motion to strike under the anti–SLAPP statute, finding that the malpractice claim was based upon an act in furtherance of the protected right of petition. The plaintiff thereafter appealed. In making its decision, the trial court relied heavily upon Peregrine Funding, Inc. v. Sheppard Muillin Richter & Hampton (2005) 133 Cal.App.4th 658 where the Court of Appeal previously held that claims based upon allegations made by attorneys in judicial filings were within the scope of the anti–SLAPP statute and protected. For a claim to fall within the anti–SLAPP statute and result in ... Get more on HelpWriting.net ...
  • 31. Deal with Conflict Situation Assignment Essay METROPOLITAN SOUTH INSTITUTE OF TAFE SITXCOM003A: Deal with conflict situations ASSIGNMENT Student name: Student number: вќ– Question1: Outline a 6 point Complaint handling strategy for a 100 seat upmarket restaurant. Explain each strategy in detail. SOLUTION: With an upmarket restaurant, we need to offer a very high standard in customer service. When running a business, complaint can not be avoidable as it can happen at any time. Therefore, we need to have an appropriate complaint handling strategy ready when any problem arises. The following 6 points are the general action for any complaints from customer: 1) Listen to the complaint & acknowledge the problem Listening is a first very important thing ... Show more content on Helpwriting.net ... Later, after the driver pick up the customer, I will call again to ask about his status. If he say ok & feel comfortable, I will say sorry again & see him at the airport. If he is angry & is not satisfied with the situation, I will say the hotel will make a compensation for him later. 2) Example 2
  • 32. I am working as a waiter at a restaurant, a customer required not having meat in salad but the salad she got has some pieces of chicken in there. She gestured to me to come to her & complained about that. SOLUTION: Firstly, after getting the complaint from the customer, I shall say sorry to her. Then, telling her that it maybe a mistake of the kitchen & empathise that the vegetarian prefer vegetables than meat. Next, I will tell her to stay for a moment to change another salad for her. Immediately, I will go to the kitchen & tell to the chef to get another one instantly. Once the new salad is ready, I will bring to her the new dish in person. I will not give the task to anyone else, because, it show that I implement the job which I am responsible for. Then, I shall ask the customer what else I can help her more. If she say all right & enjoy the food, I will say sorry the final time. If she is not really happy, I can offer her 50% discount for coffee. 3) Example 3 As a tour guide, I am responsible for a group of tourists at an international airport to go home after a long trip around Vietnam. A tourist complaint ... Get more on HelpWriting.net ...
  • 33. Strengths And Conflicts In The Conflict Between My... The conflict is between my roommate and me. Both of us have known each other for more than one year. We stay together because we wanted to share common utility that had been left by one alumnus. Initially, our relationship went well as we can communicate in the same language. The relationship began to change after few weeks. She is very sensitive to noise, light and rest early. In contrast, I have to stay late, keeping my light on to finish my assignments. Irrefutable, it created noise. In the long run, it created tensions in our relationship. Although both of us are Chinese, we have totally different personality, cultures and values. For the first time, I witness a person who is very privacy and keep to her. I cannot perceive this. I felt my right was violated for not able to invite any friends to come to room. On the same time, differences in tidiness and communication also created tension in us. This eventually created uncomfortable feeling towards her. I tend to complain to her of her wrongdoing and wanting to correct her. Although she did... Show more content on Helpwriting.net ... She asked me to describe her strengths and weaknesses. Initially, I resisted because I know I would blow in anger and bitterness but then I shared three of her strengths and weaknesses. It was her first time that she heard of such weaknesses. I spelled out that she is lazy, anti–social and defensive. Due to my bitterness, I shared more of my struggles to her. I said that I really don't felt her love because it seem fake to me. I don't want her to approach me because I would felt like I am hypocrite been with her. That night, she was deeply hurt by me. She cannot stop crying. She thought our relationship is fine. She cannot believe that our relationship built on false love. That night, I knew I have been a bad person. I explained to her that I need more time to accept and love her. I didn't ask for her forgiveness that night instead she asked for mine because of all the struggles within ... Get more on HelpWriting.net ...
  • 34. Marketing Analysis : Customer Satisfaction Essay CHAPTER 1 INTRODUCTION INTRODUCTION Customer satisfaction, a business term, is a measure of how products and services supplied by a company meet or surpass customer expectation. It is seen as a key performance indicator within business and is part of the four perspectives of a Balanced Scorecard. In a competitive marketplace where businesses compete for customers, customer satisfaction is seen as a key differentiator and increasingly has become a key element of business strategy. There is a substantial body of empirical literature that establishes the benefits of customer satisfaction for firms. BASICS Basically, you might look at marketing as the wide range of activities involved in making sure that you 're continuing to meet the needs of your customers and are getting value in return. Marketing analysis includes finding out what groups of potential customers (or markets) exist, what groups of customers you prefer to serve (target markets), what their needs are, what products or services you might develop to meet their needs, how the customers might prefer to use the products and services, what your competitors are doing, what pricing you should use and how you should distribute products and services to your target markets. Various methods of market research are used to find out information about markets, target markets and their needs, competitors, etc. Marketing also includes ongoing promotions, which can include advertising, public relations, sales and ... Get more on HelpWriting.net ...
  • 35. Why DonT We Complain By William F Buckley Analysis The Answer to William F. Buckley's "Why Don't We Complain?"William F. Buckley created an essay in 1961 capturing the reluctance of "todays" society to complain about the things that things that are irksome. He divulges his opinion on why Americans are so unwilling to share their opinion on matters that are concerning to them irrespective of how trivial they may seem, or how enlarged the situation may be. Buckley describes several accounts in his essay from the temperature on a train not being the ideal setting, the strains of having to deal with a blurry picture at the movies, and the failures of a waitress to respond to his needs of more milk with his breakfast. He also speaks about having to take an airline attendances word as only script while he waits for the removal of his tray from his lap before continuing his writing, and awaiting a tool at a ski counter to sort out his own adjustments as he watches the worker sit and smoke. Buckley summarizes his experiences to share his opinion on why people, including himself, choose to shy away from the confrontation that is typically brought on by a simple complaint. But what are the true reasons for one's inability to complain in even the simplest of situations? William F. Buckley argues the answer to his own titled question within his essay being that; one: most people are far too reluctant to create negative attention to themselves; two: people always expect that someone else will speak up; and three: even if one has voiced their concern for a resolve more often than not the resolve is ignored or does not fall in line with the normal flow of things. The first experience Buckley shares with his readers is his commute on an overly crowded train where the temperature was exceedingly hot for the bulk of passengers. He witnessed his own transformation by losing his overcoat, then his jacket, and later his tie only to notice "that the car was flecked with the white shirts of the passengers" (7). He recounts his thoughts as to why he or anyone else didn't just let the conductor know their discomfort and attributed this discomfort to a rational explanation of an overstocked furnace, valve turned too high, or a maladjusted thermostat (29). All of these reasons ... Get more on HelpWriting.net ...
  • 36. Amb200 Consumer Behaviour Assessment Item1: Portfolio Sem2... [you may format this page however you like but it must contain the following information] AMB200 Consumer Behaviour Assessment Item 1: Portfolio Sem 2 2012| Student name: Ling Yan WongStudent number: 07633599| Tutorial time: Wednesday, 11a.m. –12a.m.Tutorial number:Tutor:| Introduction The consumer behaviour that I have selected is "choosing a restaurant for a special occasion". In this case, I would like to choose a restaurant to celebrate my boyfriend's 24th birthday. The ideal restaurant should be brand new; the environment should be romantic and comfortable. The food needs to be delicious and delicate. I hope to find a romantic western style restaurant which with beautiful night views. Red wines... Show more content on Helpwriting.net ... In what circumstances could your decision style have been opposite to the one you identified? Some decision that need to be made in a hurry, so I have no time to think carefully and do some researches, so I would turn my decision style to automated decision style. What would make you change your decision style? Having no time to think makes me change my decision style. Part B – Application 5. Using consumer behaviour theory from your textbook, explain why: i) you used limited or extended problem solving I use extended problem solving. For the part of information research, I do a lot of researches on different restaurants, I need to consider including the environment, the food style, the taste of food, the special requirements (red wines, desserts, night views), and also the location of the restaurants. So it takes me a long time to decide, which I would evaluate all these considerations before consumption and make a choice between those restaurants. I would also contact the restaurant to make a booking for table or ask for the details in order to ensure the consumption. ii) your decision was rational or automated My decision was rational. I made the decision based on reason and facts, and by steps and steps. First, I did many researches. Second, I took times to read the information and evaluate. Third, I made my best choice after evaluating processes. Finally, I confirmed the ... Get more on HelpWriting.net ...
  • 37. Why Don't We Complain Essay Argumentative Essay: "Why Don't We Complain?" Throughout once in your life, you may have been confronted with a situation where you accept inconveniences instead of taking action. According to William F. Buckley, American people everywhere have refrained from "trying to rectify irrational vexations". In Buckley's essay, "Why Don't We Complain?" he explains some situations that he was involved in where no one would complain to repair an uncomfortable situation. Throughout the essay, Buckley uses his experiences and strong reasoning to show why he believes that the American people do not complain. Buckley attempts to support that the apathy that Americans would accept inconveniences instead of taking action is the cause of many Americans'... Show more content on Helpwriting.net ... Should people be afraid to complain or should they always be free minded about an unjust cause? The second reason why I agree with Buckley's ideas about assertiveness and helplessness is because throughout time many inventions are that replace simple jobs that cause a sense of laziness. The people will often portray themselves as lazy in society as new technological inventions are created to do their tasks. Many people will then develop a habit due to them relying on other things to do their task for them. For example, back then when machines weren't created, people did manual labor and relied on themselves, but now as we rely on newly made machines; we rely on the equipment to do our work. This forms a habit for Americans as we begin to rely on other things than ourselves. The third reason why I agree with Buckley's ideas about assertiveness and helplessness is shown through as Buckley states that the government is taking rights away from the people. He states, "Every year, whether the Republican or the Democratic Party is in office, more and more power drains away from the individual to feed vast reservoirs in far–off places; and we have less and less say about the shape of events which shape our future". He also says that we accept the government's power to hold upon us". The government is responsible for the great number of American deaths in Korea and is now responsible for billions of tax dollars spent every year. However, ... Get more on HelpWriting.net ...
  • 38. How Is Miss Ruddock’s Terrible Loneliness Conveyed In... How Is Miss Ruddock's Terrible Loneliness Conveyed In Alan Bennett's A Lady Of Letters? Miss Irene Ruddock is an ordinary middle–aged woman who lives on her own. She was close to her mother who had recently passed away. Miss Ruddock has no real friends and finds it difficult to fill her time so she is often sitting in her chair, looking out of her window and noting what is going on in other people's lives. She has no social life and she only leaves the house when she has to. Alan Bennett shows Miss Ruddock's loneliness through her obsession of writing letters. She uses these letters as a way of communicating with the world outside her home. In the drama, before going to prison, we do not hear Miss Ruddock have a meaningful ... Show more content on Helpwriting.net ... This is a computer generated letter sent to all customers after a certain amount of time, and Miss Ruddock replies to by saying she 'thought it very considerate of them for drawing this to my attention and in the event of me noticing any deterioration I would...get in touch with them'. This is another example of loneliness as it shows her desperation to communicate with the outside world and will use any excuses to do so. Miss Ruddock is lonely because she leads a very lacklustre life. Other than writing inappropriate letters to anyone she see's fit, she spends a lot of her time sitting in her chair by the window, often looking over the actions of her neighbour's and casting judgement over their lifestyles. An example of this is when she says 'Well, you've got a car, you've got a transistor, it's about time you invested in some curtains'. At the beginning of the monologue we find out that Miss Ruddock attended the funeral of somebody who, until their obituary was posted in the local newspaper, she had called the wrong name. she feels that they are similar because 'She lost her mother around the same time I lost mine, she had a niece in Australia and I have one cousin in Canada, then she went in for gas–fired central heating just a few weeks before I did'. This shows that she is lonely because she is so desperate to have something to do in her leisure time that she would ... Get more on HelpWriting.net ...
  • 39. Reasoning, Reasoning ( A ) Reasoning Reasoning (A) This court's reasoning clarifies the ambiguity and responds to the defendant's appeal regarding the application of "learned intermediary" into 3 sections. 1.Defining "Learned Intermediary" and what it means to the case in South Dakota Law. 2.How this applies to the deceit claim 3.How this applies to the failure to warn claim Learned Intermediary doctrine places the responsibility on the manufacturer to clearly warn physicians of the risks of their product. In this case, it was clear that the company had neglected to include key information that could have changed the decision of the plaintiff as well as the Physician's recommendation for treatment. The court explained that the doctrine does not allow the ... Show more content on Helpwriting.net ... The plaintiff who is making this claim is required to provide "proof of an intentional misrepresentation or concealment of a fact on which plaintiff relied and that caused an injury to plaintiff." Northwestern Pub. Serv. v. Union Carbide Corp., 236 F. Supp. 2d 966, 973 –74 (D.S.D. 2002); see also Arnoldy v. Mahoney, 791 N.W.2d 645, 660 (S.D. 2010). The court decided that based on the facts laid out by the prosecution, there was more than sufficient evidence to meet the standard for deceit. The testimony of Owens stating she was aware of the risks that the plaintiff experienced and that this was not included in the warning labels of the product. Another Ethicon medical director's testimony, Hinoul, stating the brochure did not include warnings for some of the symptoms the plaintiff experience. The consistent neglect of Ethicon that resulted in the delay of printing of the warnings on labels despite them receiving the information before the product's launch, all because they did not want to delay the product launch. The delay in adding these warnings which was supposed to be added after the first batch but was not added until 2008 when courts ordered them to do so. The plaintiff even went to the defendant's website in an attempt to educate herself beyond what was provided to her by her Physician and yet these symptoms were not listed. If the information the physician had was ... Get more on HelpWriting.net ...
  • 40. Example Of Unhappy Indihope unhappy Indihope "When you're unhappy, I guess everything in the world – reading; eating, sleeping has something buried somewhere inside it that just makes you unhappier." ― Nick Hornby Behind every successful man, there's a lot of unsuccessful years. – Bob Brown All of us want to see our families happy, and we really work hard for that as well. However, whatever we do, we cannot hide the truth, the truth of our life that we are way behind from happiness. It's not that we are not aware – we know everything about it. Though, we find it difficult to relate to us because of some habits; these are the habit's which doesn't allow us to fulfill our dreams. No matter how many times we try until we vanish these, it would be hard for us to live ... Show more content on Helpwriting.net ... One thing that is common with these people are, they never quit from their dreams, nor even they lose their confidence. For them; everything is part of their job. Although I am not saying that you should neglect criticism; as of my best knowledge, I find it as an improvement process. Take those into account that has the adequate power. Constructive criticism is far better than blindly praising. Losing Focus on the subject that matters: None of us wants to get down on the ladder of success, yet most of us don't follow the rules for that instead we do the opposite. For example, we wish to see ourselves creative, yet we copy others. If you want to see yourself happy and successful in life, then the first thing you will need to do is to focus on one subject. Sart not getting distracted from the work that you care most. Respect your job and give your 100 present into it even when it may seem that it's not enough.
  • 41. Focus gives you energy and a challenge to progress in life. It helps you build the empire you want; channel your all positive energy into your one ... Get more on HelpWriting.net ...
  • 42. How to Be an Effective Hr Practitioner Essay Introduction The aim of this report is to demonstrate I can be an effective practitioner in Human Resources. Users of HR Services within an Organisation and Key Needs of each User After researching, I can determine three users of HR Services in the Organisation to be: Employees of the Organisation Management of the Organisation Third–parties i.e. Clients Two key needs of HR Services to the:– Employee 1.Offer support to employees regarding equal opportunities to ensure all staff members have the same rights and privileges. 2.Verify that the employee is received the appropriate compensation including pay and benefits. Management 1.Provide management with correct and precise information regarding an employee's ... Show more content on Helpwriting.net ... Face–to–face Meeting Communication. This is the most personal means of communication. With personal contact you can develop, build and maintain relationships. By meeting the employee face to face you can understand the mood of the person by observing the body language, the information you receive is of a richer quality, you can clarify information interactively and issues can be resolved much faster. This is best used for a back–to–work interview or appraisal. Letter Communication. This is the most formal means of communication. A record of the message can be obtained by both the company and the employee. This is best used if the employee has to be notified of a contract amendment, recognition or termination. Key Components of Effective Service Delivery
  • 43. Building and Maintaining Good Relationships To build and maintain a good relationship with employees, the HR practitioner will need to gain their trust. This can be achieved by meeting the needs of the organisation as well as their own personal needs. As employees generally resist change, it is important to keep staff well informed of changes, why the organisation is changing and how it will affect them in their day–to–day role. Michael Armstrong articulates 'nothing succeeds like success'. Support for improved HR Practices can be accomplished by demonstrating to employees it has been successful in other parts of the business. Ensure the employee understands that contributions will be welcomed ... Get more on HelpWriting.net ...
  • 44. Why Don 't We Complain By William F. Buckley Jr Who Can Complain As human beings we strive for more. The ultimate goal is to live a luxurious life and accomplish the goals we set out for ourselves. Sometimes a person has to be grateful for what they have, and just allow faith to run its course. There is a saying in my country, "if you have everything you want in life, and everything goes your way, you will die". What I mean by this is, once a person as accomplished all their life goals, there is nothing left in life to fight for. Above all the material wealth one could wish for, the most important thing is respect. In "Why Don't We Complain" by William F. Buckley JR, Buckley really found the lack of respect and the lack of consideration some people have, for him, intolerable. Compared to "The Fourth of July" by Audre Lorde, her parents did not contradict any of life's circumstances, because they couldn't complain. Complaining would have made the matter worse. Looking at these two essays I realize that complaining about something you feel is unfair is not good, but there are certain complaints which are more serious than others. Surprisingly, "Why Don't We Complain and "The Fourth of July" both had problems with the train system. A person would expect Audre's family to complain more about the trains; instead it was William who mentions how uncomfortable he felt in that situation. In the Audre essay she mentions how they could not dine in the diner car, meanwhile William was complaining about how hot the train was. He was ... Get more on HelpWriting.net ...
  • 45. William F. Buckley's Why DonT We Complain? Why Don't We Complain Essay? In "Why Don't We Complain?", William F. Buckley, Jr. addresses how Americans are having the tendency to sit back and accept what comes, to purely endure what happens to them. I think that Buckley's ideas on passive compliance and heedless insurance are precise and effective. Passive compliance refers to sitting through the problem without stepping up to correct and in this essay, Buckley reflects on his own experiences throughout the essay with complaints about society, and basically, says that everyone must complain to achieve what they want in life. That they need to speak up. Buckley, in the last line of a long paragraph 5, paragraph 6, paragraph 8, describes his experience in a movie theater where the movie was out of focus and everyone sat through it anyway; in which they were most likely waiting for someone else to complain. "The picture is out of focus" "The movie ended, as it had begun, just out of focus, and as we trooped out, we stretched our faces in a variety of contortions to accustom the eye to the shock of normal focus'" (Buckley Jr, 1960 p372) He describes the movie saying that Buckley also explains on, heedless endurance which also relates to sitting through a problem without voicing one's opinion. A heedless endurance means that people are not voicing their opinions at all or enough. But after the line, "That tendency to passive compliance, to a heedless endurance is something to keep one's eyes on– in sharp focus." (Buckley ... Get more on HelpWriting.net ...
  • 46. Ombudsman's Contribution to the Task of Ensuring that... Ombudsman's Contribution to the Task of Ensuring that Government Decision–Making is Conducted in a Defensible Way The Parliamentary Commissioner for Adminstration (PCA) was set up under the Parliamentary Commissioner Act 1967 as a result of the Crichel Down affair in 1954. It was thought that pre–existing judicial and parliamentary remedies did not provide adequate redress for members of the public who suffered as a result of maladministration in central government. No action was being taken towards defective administrative workings, either because it fell outside the jurisdiction of the courts or because MPs did not have sufficient powers to investigate it satisfactorily. The Ombudsman stands as ... Show more content on Helpwriting.net ... These include extradition and fugitive offenders, the investigation of crime by or on behalf of the Home Office, security of the States, action in matters relating to contractual or commercial activities, court proceedings and personnal matters of armed forces, teachers, the Civil Service or police. The government has always resisted the extension of the Ombudsman system into these areas. Furthermore, Schedule 2 does not include public corporations, tribunals, the Criminal Injuries Compensation Board or, crucially, the police. A further important limitation, the system of making the complaint through a Member of Parliament, has been much criticised: it is thought that this 'screening' of complaints does not serve the best interests of complainant. This is where direct access to the ombudsman is denied and the MP is made to be the middleman. The involvement of MPs in the process may mean an inadequate working system since MPs do not possess the power to investigate in great detail as to scrutinise the matter at hand to its depths. Another problem that is seen within the role of PCA is also due to the lack of power to award remedy. However, the fact that the PCA operates informally and privately has been thought to enhance his powers of persuasion. A good example is that of the Ostler case (1977), where the Department of ... Get more on HelpWriting.net ...