How, if at all, does the liability of a university differ regarding references given to potential employers in respect of current students free essay sample

Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Employers have a certain degree of liability when making statements in a former employee’s reference. Employees and employers have a duty of care, to provide valid descriptions of an individual’s quality and potential as a former employee, and thus a reasonable reference is, truthful and fair. It is up to employers to thus avoid inaccurate references that lead to negligent misstatements or misinterpretations on their part. It is known that in tort, liability arises by fault of a particular party or defendant. In other words, the modern causation of negligence is formed by evidence that coincide with people or companies that had a certain duty to provide civil obligations but their actions lead to a foreseeability of damage. We will write a custom essay sample on How, if at all, does the liability of a university differ regarding references given to potential employers in respect of current students or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page To expand on this general area of tort law and compare it to that of a university and former student, cases have to be mentioned where the establishments of these rules were made to defend breaches in duty of care. Negligence as law was first conceptualized in Donoghue v Stevenson1. The claimant’s case was successful against the manufacturer (defendant) of the ginger beer and went on to institute â€Å"the modern law of negligence and established the neighbor test†. 2 The case is relevant as it expanded the idea that tort of negligence could arise in other situations. Lord Atkin stated what is known as his ‘neighbor speech’, where in order for the defendant to have duty of care for a claimant, â€Å"there should exist between the party owing the duty and the party to whom it is owed, a relationship characterized by the law as one of proximity or neighborhood†. 3 Similarly, the case of Hedley Byrne Co LTD v Heller and Partners LTD4, contributed to the edifice of the principle of proximity, where duty of care can still be due under evidence of negligent misstatement. It was decided that if the â€Å"representor gave information-or advice which was negligent he would be liable for any pecuniary or personal damage-caused†5. However the appeal was dismissed due to the fact that with â€Å"the absence of a contract or fiduciary relationship† the defendant that used a disclaimer would owe no duty of care. 6 The case was significant in that claims on negligent misstatement could work if; there is a special affiliation among parties, the information provided by a party has a voluntary assumed risk, the plaintiff has to deem the information reliable, and finally the reliability of the information must be applicable. In Caparo Industries plc v Dickman7, it was determined that courts had to test the duty by â€Å"whether the damage was reasonably foreseeable, whether there was a relationship of proximity between claimant and defendant, and whether it is just and reasonable to impose a duty. †8 If so, then a duty of care could arise. Spring v Guardian Assurance plc9 is key for this discussion. The claimant â€Å"won the case on grounds of the defendant’s negligence†. 10 The defendant owed the claimant a duty of care in terms of providing a reference. However, there was a partial split in decision between the judges on the defendant’s rejection of liability towards the reference. The Hedley Byrne fundamentals of proximity argued the case focused on the fact that the company (defendant) took over the claimants company, never technically employed him. On the other hand, based on the Caparo criteria, the foreseeability of the causation of negative references would damage the claimant with economic loss by impeding his chance to find employment. The primary action was taken on grounds that the reference was demeaning, the lack of concrete facts resulted in only a claim on negligent misstatement. However, the contract between the defendant and claimant was not breached because they didn’t hire the claimant. However, because the defendant was narrowly deemed as a ‘neighbor’ to the claimant who restricted the former employee from being employed, the claimant won the case and was granted damages from the defendant for negligent misstatement. When it comes to comparing students with employees, it’s hard to argue that they play the same role in their respective business model. A student is technically a consumer in a university, but a professor still acts as an employer figure giving assignments: determining a student’s future employment and career with references. It is arguable that the employment analogy is similar, there is less evidence to suggest duty of care by the professor who could potentially provide a reference that misleads a failing student to seem like a prodigy or a hard working student that simply doesn’t get along with a professor or causes problems in class. Either way, it’s a grey and uncertain area that can be further analyzed with other cases. To further argue the scope of where a professor would owe a duty of care to a student in terms of references, in Bartholomew v Hackney LBC11 the defendant gave a negative reference of the claimant to a prospective employer, which led to a withdrawal of his employment. This case showed that if a reference, although negative, was not â€Å"unfair, inaccurate and false† then there would be no liability for the defendant. 12 Furthermore in Cox v Sun Alliance Life LTD13 the defendant wrote a reference that suggested unfair and exaggerated claims for â€Å"serious matters of dishonesty and that the matters had been thoroughly investigated†14. However, the defendant â€Å"failed to take reasonable care to be fair or accurate† in the reference, because the claimant had never been charged with dishonesty or scrutinized. 15 In terms of these cases, in comparison to a professor with a student, it is arguable that the professor has the duty to provide a fair, accurate, and prospective reference for a student. But shouldn’t be liable for a negative reference if its fair, and agreed to some extent with the former student to specify on any negative statements. I agree that a student has a duty to perform at a persistent level. It is beneficial for employers to demand a fair, accurate and honest reference, even if it shines negatively on the student. Yet the professor, like any employer, under common law owes a duty of care that should be provided to a prospective employee that demonstrates they’re potential and quality for any  employer, avoiding negligent misstatements. According to relevant case law, it is clear that a professor and student have a strong sense of proximity and the professor’s reference statements could potentially be causation of damages for a student who is looking for employment. Therefore, I believe there is a duty of care for universities to consider a fair and just reference for students like that of an employer to a former employee.

Literacy History free essay sample

As a child everything is happy and joyful, aside from a little trantham here and there, but all around one does not have to stress about much. One could say I was a â€Å"normal† child. I played with my toy horses, went outside, did a few chores here and there, and even had my unhappy moments. However, up until kindergarten, my world revolved around the spanish language. Being born into a traditional mexican home, it was obvious that my first language would be spanish. Even though I consider it a good thing, because being bilingual will help my in my future, throughout my early and recent school years it makes both worlds more complicated. Throughout my first years in headstart and kindergarten I was more fluent in signs and symbols than english. I struggled day by day, as if it was me vs the whole world fighting to get through. I still remember how my hands where my mouth, and how my teachers looked at me with a blank stare trying to understand. We will write a custom essay sample on Literacy History or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This infuriated me because I was not a â€Å"special kid† but it seemed as if everyone around me thought I was. Like how homeless people are â€Å"lazy people who just dont want to work† or how black males are considered to be more likely to become criminal. All these false assumptions are examples of how it felt to be a kid without a tongue. With the help of time, and english classes from kindergarten to second grade, I was able to become fluent in the language of my new world. Reading on the other hand came a million times more easily to me because I never really read much in spanish; so when it came to reading in english it was fairly new to me. I adored reading, mostly due to the pictures in the books. However, as I grew and books became picture and colors, I still enjoyed reading for hours. This is one of the reasons that I think I was able to exceed some of my fellow students and now I am in a more challenging english class. Then there is writing, where I had bits and pieces from both ends. At a young age my mother would write down phrases, in spanish, for me to copy and write down. Later she would say something asd ask me to write it down. For example one would be â€Å" El nino corre en el campo† (the boy runs at the field) or â€Å"La vaca come zacate†(the cows eats grass). Therefore, when it came to writing it was a fifty fifty scale. Where I was not the best nor the worst. By the time was was in second and third grade I could write decent enough to get by but it was or has been my strongest area. All around I consider my ability to process to languages, from a young age, a gift rather than a burden because even though it has complicated my life it has also benefited me in many ways. For example I am able to get college for spanish without the tassel of starting from spanish one. As well as in the future having the opportunity to receive a larger salary due to being bilingual. However, I still struggle with some if these problems today, but on a different level. Like I will be writing something in spanish and finnish in english or vice versa. As well as switch, without knowing, languages in the middle of a conservation. Nonetheless what is life without un poco de todo (a little bit of everything).

Writing Sample Essay in Grad School Application

Writing Sample Essay in Grad School ApplicationWhen preparing for the writing sample essay in grad school application, it is important to approach it with a perspective that is simple, engaging and eye-catching. This is because one of the most important things for students is the ability to show that they have the capacity to write well. Students are also reminded to be true to their ideas and remain objective at all times. This article will give you insight into a few different approaches that can help you when writing your sampleessay in grad school application.If your idea of writing samples is very simple and straightforward, then you should use professional language in your essay. Use simple vocabulary, keeping the topic and theme of the essay simple. Try to avoid complicated or technical terms, which are best avoided if possible.The next step is to be sure that the essay does not repeat. What this means is that it should be easy to understand and just focus on having a very bas ic outline and structure. Do not worry about the style or the proper formatting that will make the essay readable and well structured.If you are one of those students who are not interested in the overall flow of the essay, then why not try some flash writing? Flash writing is actually an effective way to quickly get your point across without getting bogged down with the strict structure of a regular essay. Simply arrange your information in a few different ways and then implement your points by using a short or long paragraph and some subheadings.As one of the most important steps to writing sample essay in grad school application, students need to have the courage to be honest. Making the mistake of lying about your intentions or giving an overly detailed account of your curriculum vitae will often lead to failure. To make sure that you avoid lying about your intentions or concealing important facts, it is best to think about using personal references.Finally, do not make the mist ake of attempting to be too much too soon in the writing sample essay in grad school application. To avoid having your essay run off the rails, you should be sure that you have covered the topic that you wish to bring up. This will allow the essay to continue to keep its momentum and maintain a focus as opposed to being derailed with various other ideas.It is important to remember that it is not only the complexity of the assignment that will determine how successful you will be at writing sample essay in grad school application. Good grades are the primary goal of the essay. To ensure that you reach these high goals, you must not become discouraged when things do not work out the way you would like them to.The most important thing to remember when preparing for your writing sample essay in grad school application is to make sure that you have a clear idea of what you want to say and how you want to say it. It is important to have a purpose for the essay and stick to that until the end. If you fail to accomplish these two things, then you may be better off finding someone else to write the project for you.

To Kill a Mockingbird movie vs book essays

To Kill a Mockingbird movie vs book essays To compare and contrast the To Kill A Mockingbird film vs. the book. The book is better, but watching the movie also enjoying. There were three differences that stood out, the absence of characters, the different scenes, and an actors to characters comparison. The book to the movie there is a clear difference but the morals are all still the same. The directors made some good changes and some bad ones the movie was good over all any ways. From the book to the movie there were characters missing some important some not important at all. One character that I felt was missing that is important that wasnt there was Aunt Alexandra she was the whole be more like a girl role model for Scout. A character in the book that wasnt in the movie was Mr. Dolphus Raymond it wasnt a big deal though because he really didnt play a huge role anyways, just shows how people had to find away to not be ridiculed by others for liking bad people. Mrs. Rachael was an other character that was omitted from the book, dill was not living with her in the movie instead he live with Mrs. Stephine Crawford. The director made the choice to delete these characters for a reason the only one that affected the book was Aunt Alexandra. There were scenes omitted from the book were unnoticed some were missed. One scene that was significant that was missing was the scene were Scout and Jem go to the church with Calpernia, that scene showed how the racism went 2 ways. Another scenes that were deleted was the Dolphis Raymond scene were Dill drinks the coke that is supposed to be booze. The scenes that were missed the most were the school scenes all deleted. The school scenes were important they give insight on how the school was built. The Characters compared to the actors in the movie were good in some cases but bad in others. The actor Atticus was a perfect match for the character in the book physical, and physiological. The character Jem is not...

Biography and Profile of Susan Rice

Biography and Profile of Susan Rice Name: Susan Elizabeth Rice Position: Nominated as U.S. Ambassador to the United Nations by then President-elect Barack Obama on December 1, 2008 Born: November 17, 1964 in Washington, DC Education: Graduated National Cathedral School in Washington, DC in 1982 Undergraduate: Stanford University, B.A. in History, 1986. Graduate: Rhodes Scholar, New College, Oxford University, M.Phil., 1988 Oxford University, D.Phil. (Ph.D) in International Relations, 1990 Family Background Influences: Susan was born to Emmett J. Rice, Senior VP at the National Bank of Washington and Lois Dickson Rice, Senior VP for Government Affairs at Control Data Corporation. A Fulbright Scholar who served with the Tuskegee Airmen in WWII, Emmett integrated the Berkeley Fire Department as its first black fireman while earning a Ph.D. at the University of California; taught economics at Cornell as the only black assistant professor; and was a governor of the Federal Reserve from 1979-1986. A Radcliffe graduate, Lois was a former VP of the College Board and chaired an advisory council of the National Science Foundation. High School College Years: At the elite private girls school that Rice attended, she was nicknamed Spo (short for Sportin); she played three sports, was student council president and valedictorian. At home, the family entertained distinguished friends such as Madeleine Albright, who would later become the first female Secretary of State. At Stanford, Rice studied hard yet made her mark via political activism. To protest apartheid, she established a fund for alumni gifts with a catch - the funds could only be accessed if the university divested from companies conducting business with South Africa, or if apartheid were abolished. Professional Career: Senior foreign policy adviser to Senator Obama, 2005-08 Senior Fellow in Foreign Policy, Global Economy Development, Brookings Institution, 2002-present Senior adviser for National Security Affairs, Kerry-Edwards campaign, 2004 Managing Director Principal of Intellibridge International, 2001-02 Management consultant, McKinsey Company, 1991-93 Clinton Administration: Assistant Secretary of State for African Affairs, 1997-2001 Special Assistant to the President Senior Director for African Affairs, National Security Council (NSC), 1995-97 Director for International Organizations Peacekeeping, NSC, 1993-95 Political Career: While working on the presidential campaign of Michael Dukakis, an aide encouraged Rice to consider the National Security Council as a future career path. She began her stint with the NSC in peacekeeping and was soon promoted to senior director for African affairs. When she was named Assistant Secretary of State for Africa by President Bill Clinton at age 32, she became one of the youngest ever to hold that position. Her responsibilities included overseeing the actions of more than 40 nations and 5000 foreign service officials. Her appointment was regarded with skepticism by some US bureaucrats who cited her youth and inexperience; in Africa, concerns over cultural differences and her ability to deal effectively with traditional African male heads of state were raised. Yet Rices skill as a charming but firm negotiator and her unflagging determination have aided her in difficult situations. Even critics acknowledge her strengths; one prominent Africa scholar has called her dynamic, a quick study, and good on her feet. If confirmed as US ambassador, Susan Rice will be the second-youngest ambassador to the UN. Honors Awards: Co-recipient of the White House’s 2000 Samuel Nelson Drew Memorial Award for distinguished contributions to the formation of peaceful, cooperative relationships between states. Awarded the Chatham House-British International Studies Association Prize for the most distinguished doctoral dissertation in the UK in the field of International Relations. Personal Life: Susan Rice married Ian Cameron on September 12, 1992 in Washington, DC; the two met while at Stanford. Cameron is executive producer of ABC Newss This Week with George Stephanopoulos. The couple have two young children. Sources: Berman, Russell. Meet Obamas Tenacious, Take Charge Dr. Rice. NYSun.com, 28 January 2008.Brant, Martha. Into Africa. Stanford Magazine at Stanfordalumni.org, January/February 2000.Brookings Experts: Senior Fellow Susan E. Rice. Brookings.edu, retrieved 1 December 2008.Emmett J. Rice, Education of an Economist: From Fulbright Scholar to the Federal Reserve Board, 1951-1979. University of California Black Alumni Series, transcript of an interview conducted 18 May 1984.Stanford Alumni: Black Community Services Center Hall of Fame. Stanfordalumni.org, retrieved 1 December 2008.Times Topics: Susan E. Rice. NYTimes.com, retrieved 1 December 2008.WEDDINGS; Susan E. Rice, Ian Cameron.  New York Times, 13 September 1992.

Palm Overview Essay Example | Topics and Well Written Essays - 1250 words

Palm Overview - Essay Example This paper is prepared with the objective of providing a clear understanding regarding the strategic position of Palm Inc. The paper includes mission and vision of the company. In addition to these the paper also contains the strengths, weaknesses, threats and opportunities of Palm Inc. Palm Inc. California based Palm Inc was established in the year 1992. Till July, 2005 the company was known as PalmOne Inc. (Business Week, No Date). The company provides mobile products to its individual as well as business customers who are spread throughout the world. It is popular for offering integrated technologies that allow people in staying connected with friends, families and colleagues. Thanks to these technologies, customers of Palm Inc. are enabled to share and access all the important and latest information and hence manage their everyday lives more effectively. The company employs almost 1000 people (Business Week, No Date). Current Situation Mission & Vision During the early days Palmà ¢â‚¬â„¢s main mission was to become a leader in the software market for handheld computers as well as for various other communication devices (Butter & Pogue, 2002). With the passage of time, the company has broadened its view. It has thought beyond becoming a leading software maker in the world of handheld computer. At present, the company’s vision is improving and enhancing the daily lives of individuals and organizations. The company aims to enable it’s customers to access and share any type of information through various advance mode of communication at any time from anywhere in the world (Tiffany & Peterson, 2007). Strengths Palm Inc. is mainly known for smart phones. It is one of the leading names in the world of ‘Personal Digital Assistants’ (Ogg, E. 2010). The company has an exclusive brand identity due to its strong presence in the market of handheld computers. In fact there was a time when the company used to dominate also 70% of the handheld com puter market in US (Ogg, E. 2010). As a result, it can be said that the company has reasonably strong brand image in the mobile communication market. After being acquired by a big company like HP, Palm is certainly in a better position now. HP is known to be one of the biggest companies in the computer manufacturing industry. It has strong presence in all the major PC markets in the world. Palm is expected to get all the possible financial support from HP to complete its major projects. Furthermore, the excellent brand image of HP is likely to help the company in the process of selling its products in the global markets. Palm Inc deals with high end technologies and it has enough technical expertise to challenge the big brands like Apple, Microsoft and Google. With the help of HP, the company can improve its technological base and come up with new advanced high end products for its customers. The famous webOS of Palm is still one of the best operating systems that are ever designed specifically for various mobile applications. The company is also famous for the creation of Pre which is considered as one of the best smart phones in the world (Saitto and Levy, 2010). Weaknesses Palm Inc., one of the most innovative companies in the high end computer

Flying Dry - Air Tahoma Fuel Starvation Research Paper

Flying Dry - Air Tahoma Fuel Starvation - Research Paper Example One type of turbine engine error that may occur is fuel starvation. This type of failure occurred in the August 2004 crash of the Air Tahoma Flight 185, in which the Convair 580 twin engine turboprop was destroyed on impact only one mile short of the runway, resulting in the death of the first-officer and damage to surrounding property (Aircraft Accident Report). The history and details of the Air Tahoma Flight 185 crash, the cause of the accident, and the relevance to current safety issues are each important in learning from this crash and taking preventative measures against this type of incident in the future. Air Tahoma, a spin-off from Cool Air, Inc., was a Columbus based father-son operated company that was looking to grow and expand its current fleet of thirteen turboprops. Like many small and ambitious companies before them, there is some speculation that in the hurry to expand critical safety checkpoints may have been relaxed. The company had recently contracted with DHL as freight parcel delivery company, and Flight 185 was scheduled for a routine roundtrip flight from Memphis to Cincinnati/Northern Kentucky International Airport when the crash occurred (Pilcher, 2004). The company had previously had several run-ins with federal safety inspectors before the crash, as records show, including citations for maintenance problems three times in the previous four years, including one resulting in a $5000 settlement for problems in providing an airworthy aircraft by the company (Pilcher, 2004). Air Tahoma operated two types of twin turboprop planes, the Convair 240 and the Convair 580 (Pilcher, 2004). Unlike the much larger much larger Boeing 727s, DC-8s and Airbus 300s operated by the main local carrier for DHL at the time, Astar Air Cargo, these are small aircraft capable of holding only fifty-six passengers, but more commonly used for transport (Frawley, 1998). These aircraft are converted from the original