Exclusion clause Case Study Example | Topics and Well Written Essays - 1750 words

Exclusion clause - Case Study Example In recent years, it has become common that the weaker parties have often challenged the stronger parties for compensations in case some accidents or dangerous things happen to them in the course of carrying out their commercial relationship, even though they were statutorily excluded from their contractual agreement. This essays explains how these exclusion clauses could find their ways into a contractual agreement that the stronger parties would be willing to accept, although grudgingly. For the purpose of explaining how exclusion clauses could become a part of a contract, the famous law case of Sayers v International Drilling Co. N.V is used. This is an example of an employment contractual agreement. Sayers, an English rig worker was hired in England by a Dutch subsidiary of a Texan oil drilling company to work on oil rigs abroad. He had an employment contract with International Driving Co. N.V that stated that if any injury occurs to him while working, he would accept the company's "Compensated Program" as his only remedy, and that he should waive any cause of action he might have in United Kingdom or under any other laws. But, suddenly, Sayers was injured when he was sent to work on an oil rig off the coast of Nigeria. The injury was as a result of his co-workers' carelessness. Sayers then decided to bring a legal action in tort against the Dutch company in England: this is an action expected to force the Dutch company to compensate him other than the "compensati on program" stipulated in his contractual agreement with the company (Nygh, 1999). Possible ways the Dutch Company could include its exclusion clause in the contractNygh (1999) explained that it is possible for Mr. Sayers to compel his employer in the ways described below to include an excluded clause into the contract: in this regard, offering compensations for injury suffered by an employee rather solely relying on limited "Compensated Program". (a) Broader classification: An employee that drags his or her employer to the court seeking an inclusion of a clause may do so on the reason that the excluding clause is inconclusive in its definitions. Take for example; International Drilling Co. N.V may have defined compensated "injury" as the one sustained in the course of duty. However, this classification could be extended to cover the injury caused by carelessness of co-workers, as in the case of Mr. Sayers, if his co-workers injured him in the course of their duty for the company. Indirectly, Mr. Sayers is involved in the process of carrying out such company's duty, even though he may be at rest when the mishap happened. Broader classification like this has compelled employers to re-consider their stance on excluded clauses. Another relative example was in the case of an employee that got injured while using the company's car on a weekend; meanwhile his company stated that all off-duty car accidents would be at the employee's liability. However, extending this classification to cover using the said vehicle to convey another employee on duty for the company could force their employer to accept removing the exclusion clause. In the court of law, cases like these are handled by lawyers who employed the principle of deconstruction to argue with

BRIC Emerging Markets Essay Example | Topics and Well Written Essays - 3250 words

BRIC Emerging Markets - Essay Example In line with this, Lopez-Claros (2005) explains that the competitiveness of each nation to compete in the world market is not limited to their ability to maintan exchange rate competitiveness but also the importance of improving their productivitity in order to increase the businesses' return on investment and also improve the aggregate growth among the four countries' economy. As part of increasing the BRICs competitiveness against other countries around the world, enhancing one's knowledge on economic development could empower each nation to positively act upon the challenges associated with the challenges related to FDI and trade, political stability and sustainability in each nation (Lopez-Claros, 2005; Henisz, 2000; Olson, 1996; Bhagwati, 1989). Globalization strongly promotes the practice of free trading around the world. In line with this, balancing the volume of local and foreign trade activities is crucial in terms of maintaining a strong economic growth because allowing the import level of foreign goods to exceed the export level within a country is harmful in terms of the country's economic development (Bhagwati, 1989). Given that a country becomes very dependent on the importation of goods and services, it is likely that the country would experience slow growth and unemployment problem because of the significant decline in the demand for locally manufactured and provided goods and services (Bhagwati, 1989). A great imbalance between the import and export is enough to cause the sudden decrease in the countries' gross domestic product (GDP). (Campos & Coricelli, 2002; Boix, 1999) Political Stability The socio-political stability of Brazil, Russia, India, and China could significantly affect the economic development of each nation (Henisz, 2000) In line with this, several past research studies revealed that the governemnt's ability not to interfere with the private property rights of the businessmen is necessary in terms of maintaining the long-term capital investments necessary to enable the BRICs to experience a rapid economic growth (Henisz, 2000; Olson, 1996). Equally important for the continuous economic growth of BRICs, the government in each nation should develop and implement effective stabilization programs related to taxation, business regulation, and other relevant economic policies that could promote the increase in private investment (Henisz, 2000) aside from intervening on global trade activities like imposing import restrictions and providing export subsidies among others (Bhagwati, 1989). Whenever a new foreign business would enter the country, the government shuld impose a strict entry regulation in order to prevent the incidence of fly-by-night business operators (Djankov et al., 2002). With regards to tax policy, collected tax revenue should be invested in economic activities including the development of infrastructure, improvement in educational services, and investment on new technology in order to create new job opportunity and demand for the local products and services (Lopez-Claros, 2005). All these can be easily achieve

Exam Questions Essay Example | Topics and Well Written Essays - 1250 words

Exam Questions - Essay Example The free market system has been widely accepted both in national and global economies because countries and peoples the world over desire a better standard of living which is only gained through developing their local, regional and national economy. This can occur only by opening up trade markets to wider or global markets. The success of the free market system is evident when one examines the distinction between Europe and North America and Africa, for example. Developing countries are looking to free market societies as a guide to their economic future. Asia is a recent case in point as a group of economies which could not have grown without benefit of liberlised trade practices. Â  The policies of a free market system is envied, emulated and remains the ‘gold standard’ of national economic policy accepted by economists, businessmen, politicians and academics worldwide (Brace, 2001). Overwhelming evidence has demonstrated that free trade economic policies open markets to foreign investment and trade which is necessary to initiate and/or sustain economic development. No national economy has realized increased economic growth in the last half century without having an open market strategy or has any country gained considerable growth in the standard of living among its population. The reduction of trade restrictions along with the opening of monetary incentives to foreign investments over the last two decades has combined to stimulate economic development in eastern Asian countries. The average import levied in these countries of East Asia has dropped to 10 percent from 30 percent in this time period which proves a direct connection between open economies and prosperity.

The Lemon Tree Dilemma Essay Example for Free

The Lemon Tree Dilemma Essay I have completed a full investigation of your organization, The Lemon Tree, regarding issues that have arisen which have caused dissonance with the equal employment opportunity laws. To begin with, there have been specific incidents that have been properly documented that have clearly violated the Title VII laws of the Civil Rights Act of 1964. Two of your managers from different departments of your corporation have infringed upon certain rights of the Title VII Civil Rights Act. To begin with, an infringement of the harassment policy under Title VII was violated by the heads of two distinct research departments. Firstly, it has been noted that the manager, Paul Peel, had harassed the employee, Peter Dragon, regarding the issue of drug use. During my investigation, I had come to realize that Mr. Peter Dragon did have past occurrences of drug use that your company had discovered via drug testing. However, I have also took into consideration that he had passed the majority of the drug tests and the ones in which he failed on were due to traces of various chemicals that Mr. Dragon was exposed to during his daily work tasks. Moreover, I have also considered the fact that your company had financially sponsored Mr. Dragon to spend time in a drug rehabilitation center to cure him of his drug addiction. Furthermore, the doctor in charge of Mr. Dragon at the rehabilitation center had advised that he had been fully cured from his addiction.

Puerto Rican Music and Its Significance :: Culture Cultural Spanish Migration Essays

Puerto Rican Music and Its Significance Spanish music didn’t mean a thing to me growing up, nor did Puerto Rican musicians. I remember listening to Spanish music and not understanding a word that the artists would sing about, but I do remember dancing on my father’s feet to the beat. Though I was a little off beat and stumbling over my feet, I had a great time trying to move. We generally listened to various artists on special occasions, in the car while sight seeing the suburbs and after church on Sundays. Though I dreaded to listen to Spanish music, I had no choice but to because my parents always did. I detested Spanish music in my younger years because I lacked the knowledge of the language. I never realized that Spanish music had a great influence on the Puerto Rican population. As Glasser mentioned, she herself was in the process of just beginning to learn about Spanish music, as I am in the process of. She states, "My Spanish needed a great deal of work, and my musical training was minimal" (p.xviii, G lasser). As a Puerto Rican American I couldn’t understand why Spanish music was such a big deal to my parents and other family members? Now that I’m a bit older, I still don’t understand why Latin music brings out the Puerto Ricanness in the Puerto Rican community. But after reading "My Music Is My Flag" by Ruth Glasser, I found that Puerto Rican music is so important to the Puerto Rican community because Spanish music links us with our history and has been apart of our culture from the beginning of the Spanish ruling. As I elaborate on the questions listed below, I will also try to fit this paper into the perspective of my life and how Spanish music and Puerto Rican musicians affected me growing up. The questions are as follows: 1. How did Puerto Rican culture evolve during the first decade of American rule as experienced through Puerto Rican musicians in the United States? 2. How was Puerto Rican popular culture experienced within the island and the Diaspora? 3. And how was Puerto Rican identity and culture expressed through music? Puerto Ricans musicians had to start somewhere and somehow so they began with a well-mannered protest, in the following objective. "But Governor, that’s not what the law provides for or what we desire: we want to establish a music school where Puerto Ricans can develop there artistic talents, in the highest sense, and according to the standards established in foreign conservatories. Puerto Rican Music and Its Significance :: Culture Cultural Spanish Migration Essays Puerto Rican Music and Its Significance Spanish music didn’t mean a thing to me growing up, nor did Puerto Rican musicians. I remember listening to Spanish music and not understanding a word that the artists would sing about, but I do remember dancing on my father’s feet to the beat. Though I was a little off beat and stumbling over my feet, I had a great time trying to move. We generally listened to various artists on special occasions, in the car while sight seeing the suburbs and after church on Sundays. Though I dreaded to listen to Spanish music, I had no choice but to because my parents always did. I detested Spanish music in my younger years because I lacked the knowledge of the language. I never realized that Spanish music had a great influence on the Puerto Rican population. As Glasser mentioned, she herself was in the process of just beginning to learn about Spanish music, as I am in the process of. She states, "My Spanish needed a great deal of work, and my musical training was minimal" (p.xviii, G lasser). As a Puerto Rican American I couldn’t understand why Spanish music was such a big deal to my parents and other family members? Now that I’m a bit older, I still don’t understand why Latin music brings out the Puerto Ricanness in the Puerto Rican community. But after reading "My Music Is My Flag" by Ruth Glasser, I found that Puerto Rican music is so important to the Puerto Rican community because Spanish music links us with our history and has been apart of our culture from the beginning of the Spanish ruling. As I elaborate on the questions listed below, I will also try to fit this paper into the perspective of my life and how Spanish music and Puerto Rican musicians affected me growing up. The questions are as follows: 1. How did Puerto Rican culture evolve during the first decade of American rule as experienced through Puerto Rican musicians in the United States? 2. How was Puerto Rican popular culture experienced within the island and the Diaspora? 3. And how was Puerto Rican identity and culture expressed through music? Puerto Ricans musicians had to start somewhere and somehow so they began with a well-mannered protest, in the following objective. "But Governor, that’s not what the law provides for or what we desire: we want to establish a music school where Puerto Ricans can develop there artistic talents, in the highest sense, and according to the standards established in foreign conservatories.

Tuberculosis :: essays research papers fc

Tuberculosis TB is a disease that can cause a serious illness and can damage a person's organs. Every year more than 25,000 people in the U.S. are diagnosed with TB disease. That's only a fraction of the amount of people who carry the Mycobacterium tuberculosis. Mycobacterium tuberculosis is a rod-shaped bacterium. TB is spread through the air by carriers of the germ. People who breathe the same air can become infected with the TB germ. People who do work around or with people with the TB disease should take medicine. TB infection means that the person has the TB germs but they are in an inactive state. When TB germs enter the body, the immune system builds a wall around them. While TB germs are inactive, they cannot cause any damage. These germs can stay alive for many years in these walls and eventually break out. At this time TB is active then it becomes TB disease. It can now affect the system's organs. A person can have TB disease shortly after being infected with TB germs if the person's immune system is weak. TB can attack any part of the system. The lungs are the most common area of attack. People with the TB disease have one or more of the following symptoms: a cough that hangs on, fevers, weight loss, night sweats, constant fatigue, and loss of appetite. A person with the TB disease in the late stages will cough up blood streaked sputum. People who have Active TB disease usually only have mild symptoms. There are three tests to diagnose TB disease. One is the Tuberculin Mantoux PPD skin test; two is a Chest X-ray which is given after the Skin test is positive; three Sputum Test reveals if TB germs are in thick liquid a person coughs up. The Tuberculin Mantoux PPD skin test is given by placing a substance called PPD Tuberculin under the top layer of the skin with a very small needle and syringe. The doctor will inject the needle into the skin which will only feel like a slight pen prick. A few days later the skin test reaction will be read by a trained health worker. If the skin around the prick israised and it is bigger or the same size as a pencil eraser then the person is likely to have been infected with TB germs. This does not mean he or she has TB disease. You should always retest yourself even if the first test was negative for a few reasons. If your immune system has been weakened, then your immune system may

Aphorism in Life

â€Å"Those who made sacrifices at first, earned happiness In the end† This aphorism came from my own experience and what I want to experience soon. My parents always told me â€Å"Nanas Kenton an Lang mackintosh aka rein, mastitis aka man†. Overtime I heard that, I always pray and talk to myself that â€Å"l know God loves me†. I have a lot of sacrifices made just to be here, to study and to reach for my dreams. My parents can't afford to send me to school that's why I stopped one year after I graduated high school.I worked for nine months and after that by God's grace an acquaintance of my ether told me that he wants to support my study. I was really glad because of that opportunity, but of course I need to do my part to them. I worked for their pharmacy every summer and when the school year started I will work for them as the housekeeper, cleaning and washing the clothes and dishes. I have a lot of sacrifices done Just to reach my dream and to help my family. There are times that my allowance is not enough but I didn't complaint for it. I will Just say to myself that all of the bad things happening to my life have a reason.Sometimes unexpected things name on our way. But all we need to do Is be patient, pray and sacrifice whenever we want to achieve something. And when the time comes, happiness will come on our way without noticing it. Don't look at the other's people state in life if they are rich; set that as the inspiration to be like them. If you are poor, don't make yourself down. It's not your fault to be born poor; but it's yours if you die poor. We should not hesitate to take risks, because if we know how to take risk and know how to sacrifice, the fruit of those sacrifices will be sweet.If we want to reach something In our life, we better prepare for the future and study hard. We should work for It and not depend on luck. Believe me, all the sacrifices and patience have a good result. Never ever give up when we think that we can 't do it anymore, that's why we have family and friends to help us in our struggles. Life is just a matter of choice, giving up or fight for what you want. As the oldest sister in the family, I have to fight for my dreams and help my family. I really want to give them a comfortable life that we are not experience until today.My father needs to work hard because If not, my younger sisters and brothers will not be able to go to school. I saw and feel their sacrifices for us and I put up In my mind that time will come their sacrifices will bear. I will let them experience how life is full of happiness and not only suffering. They are my inspiration, the reason why I stay strong and do not surrender in any kind of challenges I have faced. Like what we said, â€Å"The rain will stop and the sun will rise again†. We should not lose hope because blessings will come right on our way without noticing It.Because In all rills and challenges, there are good things that will happen. If at first things will not doing well we should learn to be patient and call God's name. Of course, we should also do our job and responsibilities to achieve our goal. Let's not waste our time doing nothing or doing bad things because, the result will not be good also. While we're young we should know the true meaning of life, it's not Just about being a happy-go-lucky ones, it's about knowing what Is the true meaning of life and learn how to sacrifice with Just simple things, appreciate what we have and see the true.