Exam 1 essay questions Essays - Philosophy, Ethics,

Exam 1 essay questions Due: 9/29/17 Essay 1: "How does Aristotle say we should live a virtuous life?" Probably Aristotle's best known work on ethics, the Nicomachean Ethics explores the question: How should a man go about in order to live a happy and virtuous life? Well, Aristotle had said that in order for a person to really attain happiness, then the possession and exercise of a moral as well as intellectual virtue is the core constitutive element to happiness and living well. A formal definition of happiness or Eudaimonia as Aristotle would have described it as is "A complete and sufficient good. This implies that it is desired for itself, that it is not desired for the sake of anything else, that it satisfies all desire and has no evil mixed in with it, and that it is stable." Aristotle said that the attainment of certain goods or sets of goods is to be living well. There is a certain division of goods that one can attain or lose: external goods; things like wealth or fame or power, goods of the body; life, health, good looks, athletic ability, dexterity, etc., and goods for the soul; virtue, education, creativity, friendship, among other things. Certain good are without a doubt necessary preconditions for happiness, things like life of health, while other goods are merely embellishments to fill out an already good life for a person whom is already virtuous. One must survey the goods that we desire in order to know which goods are really related to true happiness and promote living a virtuous life. So, as Aristotle puts it, virtuous actions express correct reason. These actions are acquired by an individual through practice and habituation. Or in other words: practice makes perfect - one becomes virtuous by acting virtuously! So by acting in the way that a virtuous person should, one will become to take pleasure in being a virtuous person. It is simply forming a habit, and by that same token one can fall victim to allowing certain defective and vicious ways of acting to become habitual. Virtue is difficult to attain, since if we simply follow our inclinations, we become vicious. Even though we have a natural desire for happiness, the nature of humans often lead us away from our true happiness. This is why it is imperative for a good upbringing as a child. If habits are developed from the beginning, and we learn how to both act and feel correctly, then living a virtuous life is more easily attainable. He said that a virtuous person takes pleasure in what is fine and noble and is pained from that which is shameful. Through education and habit Aristotle believed that one can attain the knowledge and understanding of what it means to live a virtuous life, and in that one would find true happiness.

Effective Recommendations on Career Advancement

Effective Recommendations on Career Advancement Best Habits to Improve Your Career You can easily find multiple tips for people who are looking for a job, but what about advice on career improvement for people who already have a job? As numerous businesses have cut back their staff, a big amount of employed people are stuck performing the work of several people. Here Is a List of the Effective Tips to Help Advance Your Career Know Your Career Goal Your career goal should challenge you to find the original role, which best suits your skills, talents and passions, and forces you toward success. You have to understand your work and know how to do it well. This means that you should have technical competence and meet the requirements for your job. Network Even if You Are Not Looking for a New Job The main advice for job seekers and even for those who are not looking for a new job is networking. A good professional network often becomes a source of friendships and referrals for almost anything. Besides, your professional network can give objective insights for the assessment of the opportunities and problems as well. Acquaintances of acquaintances, trade organizations and various education classes provide great sources for creating relationships with people that may help improve your career. You should keep in mind that job security can come and go, while a developed network of important contacts is always useful. Trust Your Intuition If any situation does or does not feel right, never let your logic override your instincts. You know what I mean if you have ever taken a job your intuition warned you against and realized some time later that your instinct was first right. Of course, logic has to take place in your decision-making, as well as in the career advancement, but together with intuition, it can provide you with a balanced perspective on the career improvement. Pursue Only Those Goals Which You Really Want to Achieve When you are setting the goals that have to help advance your career, test their viability with the help of RUMBA method. According to it, all of your goals have to be Reasonable, Understandable, Measurable, Behavioral and Agreed upon. If your goal does not meet any of these conditions, it is probably not worth your endeavors. Not only you, but also every other person involved with your goal has to genuinely trust that it is a good idea. You Should Have Time Devoted to Education, Work and Fun Many people divide their lives into three separate periods with different purposes. Until the age of 20, most of us are in so-called learning box when we absorb all the information we get. From about 20 to 65, we are in the working box and focus on producing valuable products or services. And at 65, we move into the fun box. However, it is not the best way to spend our lifetime. Instead, people, who know how to combine education, job, and free time, seize and enjoy every day of their lives.

Managing Diversity.1) why you have selected this topic, why it is Essay

Managing Diversity.1) why you have selected this topic, why it is important to you,why it is important for the companies to value,how this area will change over the next five years - Essay Example . Also, managing diversity should be part of an organizational culture because it would attract customers. Customers have a preference to buy services and groups from diverse businesses. Therefore, companies with a diverseness within their management will simply fulfil the needs of a wide customer base. Lastly, cultural intelligence is the most compelling significance of having a diverse workforce. As a result, when clients and employees are diverse, opportunities to not only learn but also acknowledge the values held sacred by others are boundless (Barzantny, 2007). Times are changing in the labour force, and stakeholders are changing in various ways, apart from gender and race, people with disabilities, single parent families, ageing workforce and dual-earner families. For this reason, there is a need for the creation of diverse policies, behaviours and work culture where people feel like an essential part of the organization. Management diversity will bring competitiveness in organizations thus enhancing performance innovations in the business world. In the advent of increased diversification of the business world, a number of corporations are investing in different parts of the world. Hence interacting with people from different cultural backgrounds. This will prompt the need to utilise it. Thus, it will gain more popularity among major business. Most managers will have to integrate it as part of their management techniques for increased performance in the

Business law Essay Example | Topics and Well Written Essays - 1750 words

Business law - Essay Example For claiming the business deal undertaken by Sally to be a contract, there must be four significant aspects which are: Offer and Acceptance: Any legal contract must have proper offer and acceptance where one party makes the offer and the other agrees to it. Offer is demarcated as an instance when one individual indicates the willingness to make a business deal. Offer is made by a party by considering the acceptance of other party. The true purpose of offer should be to make legal association2. An offer is an appearance of readiness to contract on specific terms. Offer must be made with the aim that will become obligatory on acceptance. Offer allows the party to approve it and delivers the base of agreement. Offer can exist when objective is involved in purchaser’s words or conduct i.e. intention to commit certain act lawfully to the terms the purchaser recommends3. Communication: Effective communication is a vital aspect for a business contract. The offeree should know regardi ng the offer. The communication should be developed or sanctioned by the offeror. The purchaser cannot approve to something which he/she has no knowledge. Accordingly, the seller should communicate the offer in an intended way4. Consideration: Consideration is essential for proving the validity of contract. Only an ordinary statement of agreement cannot develop a contract. Consideration is regarded as a promise to provide something and gain something in exchange of it5. Assurance: The conditions of contract which are involved in the offer should be clear enough so that they can provide sensible basis for defining the reality of breach in relation to the contract and thus help to enforce action. In terms of product sale, Uniform Commercial Code (UCC) provides criteria in several occasions such as price, time, location of delivery, or payment rules4. Step 3: Application of Law to the Fact In the context of the case study, the above aspects of a legal contract were missing. For instanc e, proper offer and acceptance was not made by the parties. Peter and Burt both had stated to Sally that they intend to purchase the bike. However, it differs from an offer because they did not reach an agreement with Sally that they will purchase the bike. The second essential element of contract i.e. proper communication was absent between Sally and the parties. Although Peter has offered a deal to Sally regarding purchasing of the bike, without his awareness the offer of Peter has been accepted by Sally which was her intentional communication for selling. Furthermore, communication should be made or certified by the offeror. With respect to mutual consideration, it can be observed that the contract had lack of consideration. Although Peter and Burt had specified that they expect to purchase the bike, they had not promised about purchasing. Ultimately, there was no assurance of parties about purchasing. Peter and Burt had not specified any time for purchase in the e-mail and Sally also did not approve any reasonable time for delivery of the bike to Peter. Without a reasonable time, offer cannot be measured as lawful. Step 4: Conclusion Judging from the above aspects, it can be observed that Sally has not made proper contract with any of them i.e. Peter and Burt. There was absence of communication, assurance and consideration. Besides, appropriate offer and

Facing the Hard Facts of Life Essay Example | Topics and Well Written Essays - 1000 words

Facing the Hard Facts of Life - Essay Example Born in a well-to-do urban business class family, life had always been a cakewalk for me. A cakewalk, till the day the â€Å"hard facts† of life were thrust on me! I remember having a carefree childhood, cushioned in the warm, caring love of my parents and elder sister. Being the younger child, and a chubby one with dimples to go with my naturally good looks, I was the apple of everyone’s eye. Parents, grandparents, aunts, uncles, teachers, seniors, friends, and later girlfriends, everyone simply loved me. Life was just beautiful. In school, I was good in studies, sports and extra curricular activities. Dad’s business was thriving and we were used to the best in life. We lived in a palatial house, went to the best school in town, dined in fine restaurants on weekends with dad’s friends and had a chauffeur driven limousine to drop my sister and me to school every day. Once in a couple of years, we would have a foreign holiday. What more could one ask for in life? At least, that is what I thought when I entered my teens.

India-Pakistan Relations Through the Lens of Realism

India-Pakistan Relations Through the Lens of Realism India and Pakistan have had many conflicts in their relationship because of the multitude of problems in the political sphere throughout history leading to their current state of affairs. To best understand the relationship between the countries, I used realism as a theory of international relations through the examples of the Battle of Kashmir and the riots of 1947 during the Partition of India. India and Pakistan both have associations   through the cultures, history and also economic and geographic issues.   Therefore, these two states have led themselves to high tensions, making their relations unpredictable and in some cases destructive. In International Relations, there are many ideas that influence the theory of Realism, but the one idea that stands out is that states are generally only worried about themselves and the issues that only involve them. Realists have a higher regard for issues such as security and national interests instead of ethics or ideals.When it comes to dealing with others, whether it is regarding war or any other issue, it is only for one reason and that is because they are in the struggle for power. Ever since the Post-World War II era started, Realism has been known to be the leading theory in International Relations. In world politics, Realism stresses the idea that state is the main actor. Usually, Realists have the view that conflicts with other nations are needed and these conflicts are to be conclusively dealt with by war. The partition of 1947, was a period of time involving unrest and violence. In 1947, India and Pakistan had separated and became their own countries. Pakistan was predominantly Muslim while India was majority Hindu.   Before the partition, there weren’t many acts of violence between the three main religions of Sikhs, Muslims, and Hindus, the Partition changed that. Countless acts of sexual violence towards women and slaying of families became a result of this Partition. â€Å"Some seventy-five thousand women were raped, and many of them were then disfigured or dismembered†¦Ã¢â‚¬ ¦ By 1948, as the great migration drew to a close, more than fifteen million people had been uprooted, and between one and two million were dead (The New Yorker, 2015).† Punjab had been split in half between India and Pakistan because of the Partition and this is where most of the violent acts on women and families happened. However, after the long lasting struggle, India and Pakistan did gain their independence in August of 1947. Some of the reasons for the Partition of India were â€Å"Mohammed Ali Jinnah, leader of the Muslim League, simply wished to use the demand for a separate state as a bargaining chip to win greater power for Muslims within a loosely federated India (BBC, 2011).† Also, â€Å"One explanation for the chaotic manner in which the two independent nations came into being is the hurried nature of the British withdrawal (BBC, 2011).† These reasonings behind the Partition makes gives me a sense of a Realism perspective because the definition of a Realist in International Relations is  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å" Realists consider the principal actors in the international arena to be states, which are concerned with their own security, act in pursuit of their own national interests, and struggle for power (Stanford Philosophy, 2013).† Mohammed Ali Jinnah wanted to win a greater power for the Muslim people so this move to have their own country would get that for them. Sadly, this didn’t happen without the tragedies of tons of people. Since the Partition of India was in 1947, this leads right into our next topic. The Battle of Kashmir dates back to 1947 as well. Even after India and Pakistan had formed into their own countries, there was still an issue of having hundreds of states that were within these two countries that were lead by Monarchs. These states could decide which country they wanted to be apart of or they could also choose to stay by themselves and they would make the decision by having the people vote. Many of these Monarchs wanted to stay independent but they had to stick with the decisions of the people and go with what they wanted. During this time, â€Å"Maharaja Hari Singh was the ruler of Kashmir, which had the option to choose either country to join because of the location of Kashmir. The only issue about Hari Singh, was that he was Hindu while all of his people were Muslim (Daily O, 2015).† In order to keep the issue calm, he decided to just stay and not join either. However, this did not last very long, â€Å" his hopes of remaining independent were dashed in October 1947, as Pakistan sent in Muslim tribesmen who were knocking at the gates of the capital Srinagar. Hari Singh appealed to the Indian government for military assistance and fled to India. He signed the Instrument of Accession, ceding Kashmir to India on October 26 (The Telegraph, 2001).† India and Pakistan ended up going to war over Kashmir, however, this was only the first time. After India went to the United Nations for help, they decided they would leave it to the people of Kashmir to vote for their own. They ended up going to war on four   different occasions and still have battles to this day. The fact that India and Pakistan have gone to four wars, that alone shows how important and significant   Kashmir is. Realism considers Security as a major priority, and for India, if they were to claim Kashmir it would be very resourceful security wise for them against China and Pakistan. It serves as â€Å" a barrier to the philosophy of Pakistan Government which could threaten India’s internal security (aarcentre, 2016).† Kashmir is very important for either country because of its economic benefits as well. The amount of revenue they can get from tourism of Kashmir would be a huge factor. â€Å"As for Pakistan it is vital for its security zone as well the presence of two major roads and railway network in the border help to strengthen its economy (aarcentre, 2016). As far as Realism goes in the Battle of Kashmir, power is shown by India by the fact that after getting its independence, many states chose to join them. Another instance of Realism in the Battle, was when India supported Hari Singh. When the Pakistani troops showed up to Kashmir and tried to take over, India backed him up without hesitating. However, India had a reason behind it, which was that they would be in good standing with Hari Singh. Which is exactly how it worked out, Hari Singh ended up signing Kashmir over to India soon after that. This shows that India only stepped in for their own personal benefits and as a Realist would say, for their â€Å"struggle of power.† India shows their sense of Realism once again as well when Pakistan wanted to go to the UN to solve the issue. India played a trick on them by saying they should just negotiate between themselves, but then soon after that they went to the UN themselves asking them to step in. This made it look like India was concerned about the people of Kashmir which made them look better to the United Nations. This shows the Realist standpoint of doing whatever it takes for the struggle of power. Through the examples of The Battle of Kashmir, and the Partition of India and the riots during the time, Realism helped me understand the relationship between India and Pakistan throughout the years.Using The Partition of India, Realism was shown through the leader of the Muslim League Jinnah, because he wanted to separate from the loose Indian government and have more power for his own Muslim people. During this movement, an estimated 1-2 million people had died and about 15 million people had to relocate their homes. Lastly, The Battle of Kashmir showed us the Realism perspective through the many ways Kashmir would have brought security and money and power into the countries. India showed us their Realist views by doing whatever was needed to gain their power by supporting Hari Singh even though they had their own intentions in mind. They also showed a fake side by going to the UN and making themselves look better after recently telling the Pakistani government that no one needs to intervene and the   best to solve the issue is by negotiating within themselves. Works Cited A Brief History of the Kashmir Conflict. The Telegraph. Telegraph Media Group, 24 Sept. 2001. Web. 09 Apr. 2017. Alam, Mohd. Shekaib, Muhammet Ali Guler, and Moyenul Hasan. KASHMIR CONFLICT BETWEEN INDIA AND PAKISTAN: A REALIST PERSPECTIVE. Journal of Asian and African Social Science and Humanities (ISSN 2413-2748). N.p., n.d. Web. 09 Apr. 2017. BBC History British History in Depth: The Hidden Story of Partition and Its Legacies. BBC News. BBC, n.d. Web. 09 Apr. 2017. Dalrymple, William. The Mutual Genocide of Indian Partition. The New Yorker. The New Yorker, 21 June 2015. Web. 09 Apr. 2017. Khajuria, Manu. Hari Singh Was More than a Hindu King Who Ruled over a Muslim Majority State. DailyO Opinion News & Analysis on Latest Breaking News India. Living Media India Limited, 21 Sept. 2015. Web. 09 Apr. 2017. Korab-Karpowicz, W. Julian. Political Realism in International Relations. Stanford Encyclopedia of Philosophy. Stanford University, 26 July 2010. Web. 09 Apr. 2017.

Article Critique Genetically Modified Food Essay

The article by Amin, Jahi and Nor was conducted in Malaysia to find out the stakeholders attitude to genetically modified foods and medicine (1). In particular, the investigators were interested to know the attitude towards GM insulin/medicine, GM palm oil and GM soybean. They designed the study as a survey with 1017 respondents. They found that the Malaysian stakeholders are cautious about the genetically modified foods. They agreed that genetically modified foods have perceived benefits but at the same time they were concerned about the moral aspects and risks associated with the GM Foods. A closer analysis revealed difference stakeholders attitudes towards GM foods. Title The title â€Å"stakeholders attitude to genetically modified foods and medicine† was precise and clearly thought out. Readers are well informed of what to expect as they engage with the study findings. However, the title missed on the study area. A good title must inform readers where the study is conducted. Abstract The researchers adopted non structure abstract. They were able to point out the background leading to the study, the purpose of survey, research approaches they used trough the study and the findings. With regard to this they managed to give a brief overview of the research Jones 2 and further letting readers know what their study entailed and what they found out. A structured abstract would have been more desirable as it enlists each of the study sections. However, depending with the journal requirements and authors’ interests they preferred non structured abstract to one that is structured. Purpose of the Study The investigators clearly pointed out the aim of the study. They assessed and compared the attitudes of the Malaysian stakeholders living in the Klang Valley towards genetically modified insulin, palm oil and soybeans. This was influenced by the findings from the other studies. For instance, other studies revealed that the advancement in technology led to increased production of GM Foods. In addition, they found that biotechnology is one of the five major technologies that are planned to speed industrialization in Malaysia. However, owing to the divisive debate on genetically modified foods, the researchers saw the need for this study. Therefore, it has clear cut intent of telling where Malaysians attitudes leans and what measures should be put in place to better their attitude. Research Approaches The investigators adopted a well defined research approach. They designed the study as a survey which was conducted from June, 2004 to February, 2005. The sample size was 107 respondents above 18 years. They were selected through stratification sampling which enabled the generalization of the findings and minimized biased that could result from sample selection. In addition, they collected the data through administering questionnaire and ensured that reliability and validity of the study are all accounted for. However, the researchers did not tell the readers how they met the ethical principles, especially principles of ethics of beneficence and Jones 3 justice. They didn’t point out whether they consulted any ethical institution or whether they sought consent before recruiting the respondents. Results The study findings were consistent with the objective. The findings centered on six dimensions of the stakeholders attitudes including moral concerns, perceived benefits, familiarity, encouragement, risk acceptance and perceived risks. From the findings it was clear that majority of the stakeholders were not familiar with the three GM products. It was more surprising when the findings indicated that biology students were more familiar with the GM palm oil and GM soybeans than religious scholars. The findings further established that stakeholders are moderately concerned with the moral aspects of the GM products, moderately perceive the products as risky and moderately perceive the GM products as beneficial. All the same they encouraged the use of the three products, with most stakeholders supportive of GM palm oil. These findings were consistent with the other studies. For instance, in China, study by Zhang et al. (19) indicated that consumers were not familiar with GM products yet domestic consumption of GM soybeans was about 18% of the interviewees that were consuming soybeans. In addition, the findings were consistent with earlier studies by ISAAA-UIUC (14-15) which found that Asians accept GM foods but at the same acknowledge the risks they pose to health. Based on these consistencies, the study met the rigor of trustworthiness, applicability and reliability. The conclusions were drawn from the study. The investigators concluded that the Malaysian stakeholders’ attitude on GM products was cautious. Indeed, this is in tandem with the findings that the stakeholders moderately perceive the GM products as both beneficial and Jones 4 detrimental to health. In addition the implications of the study were reported in the conclusion. They noted that the biotechnologists should assess the moral aspects, risks and benefits of the GM foods and thereafter engage the public on acceptance of the products before considering commercialization of the products. However, the researcher failed to point out the limitations of the study as well as the areas that need further research. Work Cited Amin, Latifah; Jahi, Jamaluddin and Nor Abd. â€Å"Stakeholders attitude to GM foods and medicine. The Scientific World Journal. 2013. Jones 5 International Service for the Acquisition of Agri-biotech Applications (ISAAA) and University of Illinois at Urbana Champaign (UIUC), â€Å"The social and cultural dimensions of agricultural biotechnology in Southeast Asia: public understanding, perceptions, and attitudes towards biotechnology in Phillipines†. ISAAA. Publications. Zhang, Xi; Huang, Jin; Qiu, Ha and Huang, Zheng. â€Å"A consumer segmentation study with regards to genetically modified food in urban China†. Food Policy. 35:5. 2010.

BHL Assessment

Advise Bob of his contractual obligations to WAY Ltd. In particular, assess and evaluate his common law duties in comparison to contractual obligations as an employee and the potential outcome of breach. A contract of employment may be written or verbal and there is not a lawful duty for an employer to supply the employee with a written contract. However under the Employment Rights Act 1 996 Section 1 (1) a written statement of particulars is required and under Section 1(2) this may be given in installments but not any longer than two months after the employment has started.Contracts contain terms' which can either be expressed or implied and it is important for employers to think carefully when creating a contract as it may need to be relied upon in the future should any dispute or ambiguity arise. Daniels (201 2 page 35) defines expressed terms as â€Å"terms that have been discussed and agreed between the employer and employee† â€Å"they may not be in writing and they can not diminish statutory rights†. She defines implied terms as â€Å"those that have not been specifically agreed between the employer and employee but are derived from collective agreement, statute, custom and practice and the courts†.Examples of what is considered express terms include the amount of sick, holiday and redundancy pay and the amount of wages or hours expected to be worked. Implied terms are different in that they will be the same for most contracts of employment no matter what the activity is including duties owed to the employee by the employer and vice versa such as the duty to pay etc. Bob should be aware that under common law there are certain duties owed by him as an employee to his employer WAY Ltd.Emir (2012 page 307) states â€Å"Since the relationship between employer and employee is one of trust ND confidence the law implies into the contract of employment the term that every employee should serve his employer faithfully'. In regards to all of t he clauses and what Bob is currently doing which is working for a competitor in his spare time he is already breaching one of the first common law duties which is the duty of faithful service, Emir (2012 page 308) states that â€Å"It is a breach of the employee's duty of faithful service to compete with the employer while he is still employed†.The cases of Adamson v B & L Cleaning Services Ltd (1995) and Ward Evans Financial Services Ltd v Fox (2001 ) are examples of not only a breach of faithful service but also of fidelity which will be discussed further on. Clause one instructs Bob that he is not to devote any time that should be spent in work on any other business or ‘charitable endeavourer unless he has written consent by the company.This clause set out by WAY Ltd is not reasonable in the way it is worded, as in some cases Bob has a duty to devote his time that should be spent in work to other affairs if it is necessary. One example of this would be jury duty whic h anyone meeting the specific criteria is obliged to take part in unless there are specific and exceptional resistances, and to enforce that Bob must have it in writing before he is to attend such activities is not reasonable.If it were found that this clause was unreasonable then the clause may become invalid. However if it was determined to be fair then this case would be similar to Wishes Dairies v Smith (1935) where the legal principle identified was that the duty of fidelity lasts until the employment has ended. Although Bob has not yet breached this duty, he has breached several others relating to this the first one being a duty of mutual trust and confidence.In the case of Mali v BCC AS (in Liz) 1997) Lord Steen stated â€Å"the employer shall not without reasonable and proper cause, conduct itself in a manner calculated and likely to destroy or seriously damage the relationship of confidence and trust between employer and employee† (Painter and Holmes 2012 page 145). The term ‘mutual' means ‘joint' or both in agreement so this statement works both ways in that the employee also has an implied duty not to act in such a way that would upset or cause animosity among employer and employee. Bob has broken this duty by working for a competitor even though it may be in his spare time.It should also be recognized that although Bob appears to be a senior engineer, if he is having to work for another company in his free time due to the business not doing as well as it has been then he must be on commission or a zero hour contract as if he was on a fixed term or full time contract his pay would remain the same no matter what hours he worked. Clause two states that during the period of his employment Bob should not partake in any other work which may affect the way in which he carries out his own work for WAY Ltd. The modern practice of ‘moonlighting' whereby an employee undertakes spare-time work outside his employment ours can raise prob lems, particularly if the work is in competition with the employers business† (Emir 201 2 page 318). The case of Gray v C & P Pembroke Ltd (1972) which is similar to Bob's situation supports this idea that working for a competitor is not deemed acceptable if it is expressed in the contract otherwise, however Frame v McKenna and Graham Ltd (1974) found that it was acceptable if it not mentioned in the contract of employment.Cases which would suggest Bob is in breach of his common law duties if followed would be Havoc Ltd V park Royal Scientific Instruments Ltd (1946), Nearby Dean of Westminster (1999), Lewis v Underworld Garages Ltd (1986), Reading v Attorney General (1951 ) and the most recent case of Vegetarian v Churchill Group Ltd (2013). Moonlighting links with the reasoning that a fiduciary duty should exist among employers and employees.Lord Wolf's view on fiduciary duty is that â€Å"The employer is entitled to the single-minded loyalty of his employee. The employee mu st act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or he benefit of a third party without the informed consent of his employer† (Broodier 2012 page 1).However there is an argument as to how far this fiduciary relationship goes and it was recognized in the case of University of Nottingham v Tweet (1999) that ambiguous terminology may cause confusion as to the nature of the relationship between employer and employee. Although the common law duties require loyalty, good faith and honesty, to assume that an employee is to give his/her all to their employer and that the contract of employment is a fiduciary one is false. However the case of Helmet Integrated Systems Ltd v Tundra (2006) is a contrast in to the extent of fiduciary duty that is owed.The cases of Bell v Lever Brow (1931 ) and Osborn Corp. v Reecho (1984) are cases involving a senior me mber of the team and it is often applied that they have a greater duty owing to the employer to disclose their own misconduct than perhaps an employee would have. In clause two however, the restriction may be considered too wide in that it restricts him from undertaking any work which may prejudicially affect his ability to carry out his work for WAY and says that again it will be at he discretion of the company.It may be deemed UN-reasonable to consider that the company would need to be informed of every activity carried out in Bob's spare time and that it would be up to them to make a decision about how prejudicial it is. Painter and Holmes (2012 page 151) state that â€Å"The courts are very reluctant to accept that what workers do in their spare time should be of any concern of the employer as in Nova Plastics Ltd v Forget (1982). However, sometimes they are bound to do so. This statement emphasizes that although it is in the interest of the employer to be aware of hat their em ployees do in their spare time, the clause restricting Bob from carrying out any activity in his spare time unless the company has agreed may be to wide and unreasonable. A duty of fidelity is owed under common law and ensures that â€Å"Employees must not carry out activities that clearly conflict with the duty that they owe to their employer† (Daniels 2012 page 44).The obligation not to compete with an employer can be regarded as an expressed term and included as a restrictive covenant. Although he has already breached this duty by working for a competitor WAY could limit this damage further if there was a restrictive lease in the contract indicating that Bob could not set up a competing business such as the partnership he wishes to indulge himself in with Michael for a certain period of time and within a certain geographical location if it is deemed ‘reasonable'.Bob's case is similar to the one of Sanders v parry (1967) backed up by Coleman Dammar Ltd v Sakes (2001 h owever the cases of Helmet Integrated Systems Ltd v Tundra (2006), Customer Systems Pl v Ransom (2012) and Tim Russ & Co v Robertson (2011) all indicate that it can be difficult to enforce these covenants if they are not deemed reasonable or the employee can prove it was after the course of employment had ended.Along with a restrictive covenant being inserted to non-compete, if a garden leave clause were also present then it would prevent Bob from competing with WAY by going to another business such as Michaels or prevent him from setting up his own business within a certain amount of time. This clause is often inserted as it can be unclear what the interpretation of the courts will be regarding non restrictive covenants and employers wish to protect themselves from the possibility of employees leaving to work for a competing equines and taking with them knowledge they may have gained from the company.Garden leave was brought to the attention of the courts in the case of William Hil l Organization Ltd Tucker (1998) as if the courts feel the clause is too wide or UN reasonable, it may not be imposed as Simian Ltd v Christensen (2000). Garden leave often arises after the notice of termination of employment has been given either by the employer or employee and does not always have to be expressed in the contract to be effective but it can sometimes be imposed by the courts at a later date as in Christie v Johnston Carmichael (2010) and SO and R Valuation Service co LLC v Boudoirs (2008).The courts may also decide to modify the clause and not to render it completely inadmissible if they feel it may De-skill the workers if they have too much time off as in Provident Financial Group Pl v Hayward (1988) and GHZ Group Inc v Gallstone (1993), but in certain cases they may uphold the clause if they feel it is fair as in Euro Brokers Ltd v Rabbet (1995) and Evening Company Standard v Henderson (1987). The third clause identifies the common law clause of confidentiality an d again utility in which the employee is expected to operate in such a way as not to disclose confidential information about his employer.The fundamental case for this duty is Faced Chicken Ltd v Fowler (1985) in which the Court of Appeal recognized that there is a difference in duties owed by an employee who works for the company now and an employee who has left and gave several guidelines which indicated what information would be regarded as confidential. Bob would owe a greater duty of confidentiality to WAY at the moment as he is still operating as one of their employees compared to he situation he would be in if he left as the responsibility would be lessened but not diminished.In the case of Rob v Green (1895) Lord Asher MR. said â€Å"l think in a contract of service the Court must imply such a stipulation as I have mentioned (ii, that the servant will act with good faith towards his master), because it is a thing which must necessarily have been in view of both parties when they entered in to the contract† (Smith and Thomas 2008 page 169). The confidentiality clause is important as is protects both the employer and employee from any unnecessary information being disclosed about either party.If Bob were to disclose information to Michael about Highway's pricing strategy then he would be breaching his contract terms which may give reason for a fair dismissal or if he discloses it once he has left the company whether it be to Michael or anyone else then an injunction may be granted stopping him from disclosing the information. If it can be proved that the employee or ex employee has passed on confidential information and that the business has suffered a loss as a result as in Sanders v Parry (1967) and Ansell Rubber Co v Allied Rubber Industries (1 972), then damages may be awarded to the employer.When deciding the potential outcome of breach in this case it is important to look at both sides of the employer WAY and employee Bob. In regards to the first clause, it raises the question of whether it is fair and reasonable to be imposed as discussed in paragraph three and if it is not then the employee Bob is not bound by it and there fore would not be in breach of it.If it is found acceptable Bob has not breached it yet as he is working for Michael in his own time and not during his working hours, however if he were to breach this clause then he may be fairly dismissed by WAY under the principles et out in Wishes Dairies v Smith and any profits made by Bob could be obtained by WAY as damages if they were to take him to court. Bob has breached clause two as he is working for a competitor of the business and it is within the same trade that he works in now.As a result Of this breach again he may be dismissed with support of the cases of Gibson v National Union of Dyers, Bleachers and Textile Workers (1972) and Gray v C & Pembroke Ltd (1972). Clause three amounts to the highest breach of all with an almost certainty of summary dis missal if he informs Michael of his employers pricing tragedy as it is a breach of fidelity. Although clause one and two are significantly serious there may be situations where ACS may try and resolve the situation if it is in the interest of both parties and a solution may be sought after.

Fatal Flaw essays

Fatal Flaw essays A "fatal flaw," is a trait of a character that is a weakness and leads the character to his downfall. The play Julius Caesar, written by William Shakespeare, shows this concept of a "fatal flaw." This play speaks about a militant general who gained power after winning many wars, and believed he could become emperor of the Roman republic. Roman Generals feared Caesar was becoming too popular among the Romans and Rome was bound to be his. They decided to take matters into their own hands, even if it meant the death of a great hero. Julius Caesar, a powerful and brilliant general, was under the influence of ignoring numerous warnings from friends and relatives who knew what was best. One example of this was when Caesar receives a warning from a soothsayer to beware of the Ides of March. Caesar feared the soothsayers message, but he showed himself to the public as if he wasnt afraid of anything. Another example was when Caesars wife had nightmares of people on fire and beasts roaming the streets. This meant that Caesar was going to be murdered and shouldnt go to the senate house. Caesar decides to go to the senate house; He believed that the senate was going to make him king that day. Caesar received various omens to take precautions before stepping outside, but he didnt listen. Fate caused Caesar to be stubborn, and once he let his guard down he was assassinated. Marcus Brutus, an important judge of Rome is portrayed as a character that is easily influenced by another mans word. One example of this is when Cassius flatters Brutus and sends him letters pleading that Brutus should strike Caesar down. These actions manipulate Brutus to believe Caesar must be murdered, or else Rome will crumble under his kingship. Brutus was gullible and fell into Cassiuss trap by taking part in the conspiracy. A second example of this is at the funeral of Caesar. Brutus is the first to give his speech on b...

INTERNATIONAL LAW AND WORLD POLITICS essays

INTERNATIONAL LAW AND WORLD POLITICS essays In order to fully understand the outcome of these three scenarios in relation to the international law and the use of force, we must first discuss the law as defined by the UN Charter. The UN Charter governs the international law and the use of force and has outlined very clear criteria for "the threat or use of force against the territorial integrity or political independence of any state" (article 2 4). The Charter strives to provide a state the ability to maintain its sovereignty and individual state integrity while outlining two instances that the use of force may be used. The first is individual or self defense' (art. 51), when a member state is the victim of aggression. As Guicherd points out, there are limitations to this justification. For example, Resolution 2625 states that assistance to either party engaged in a civil war is prohibited (20). The second justification for use of force is when the Security Council recognizes the "existence of any threat to the peace, breach of the peace, or act of aggression" (art. 39) and determines the use of coercive action is appropriate. It is important to note that there are coercive measures that can be taken that do not include the use of force, such as imposing sanction on a state found in violation. The three uses of force discussed here all differ from each other in conflict origin and political circumstances. In order to compare the military actions in Kosovo, Afghanistan and Iraq a discussion of the circumstances under which the use of force took place is appropriate. All situations are unique and produce a gray area when determining the legality of the actions imposed by the United States, NATO and its allies. The justification and legality of the use of force in Kosovo, Afghanistan and Iraq have been hotly debated with opinions raging from in the case of Kosovo, "simple skepticism to vehement condemnat...

Verizon Wireless Marketing Case Study Example | Topics and Well Written Essays - 750 words

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Close Analysis of Citizen Kane Assignment Example | Topics and Well Written Essays - 750 words

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