Thursday, February 27, 2020

Thinking critically Simulation Review Essay Example | Topics and Well Written Essays - 1750 words

Thinking critically Simulation Review - Essay Example importance weighing, intuition, and imagining were all problem evaluation tools and techniques that were encountered in one form or another somewhere in the simulation. I would have probably used the same techniques, only I would have added the following to the mix: cause-and-effect diagrams, check sheets, group think, multivoting, value analysis, and visualizing. Adding visuals such as diagrams and check sheets can help a wider audience to understand the plans that are to be implemented. They are also a better form of organization for a business to follow. They allowed managers to see the big picture before making any major decisions that could affect hundreds of peoples’ lives. The also let managers consider what could happen if they choose to go in a certain direction rather than in another. This step is a very important part of any strategic planning process. Growth necessitates change. If a company wishes to grow and become profitable, they have to learn to make plans and stick with them unless the risk outweighs the benefits. The outcome reached in the simulation was not much more than to continue as usual, and this simply will not work for the long-term. Things are not going to get any better, and will in fact get much worse, if the store chooses to take this route. People in the company, especially management, simply cannot continue to be afraid of change. If they resist it too much, chances are that they will go under in a very short period of time. This is definitely not the goal of the company. The proposed changes would allow management to consider the benefits and risks in a much deeper light. When this is done, better strategic decisions can be made. It is difficult to make good judgment calls without hardcore and factual data written, drawn, or printed up where managers can physically look at it and evaluate the consequences of their actions. There are several major problems that are presented in the simulation. The junior

Tuesday, February 11, 2020

Wilsons & Clyde Coal Company v English Essay Example | Topics and Well Written Essays - 1500 words

Wilsons & Clyde Coal Company v English - Essay Example The tug captain, who was employed by the Dutch company, carelessly mishandled the tug movement resulting in the injuries sustained by the claimant. The Court sided with the claimant notwithstanding that the injuries was caused by the tug captain, who was not under its employ, on the ground that the responsibility to keep a safe system of work was its personal responsibility and therefore, non-delegable. An action for breach of statutory duties necessarily requires that the employer has breached a provision of a statute or law. An equally important consideration in this action is the determination that the statute itself contemplates granting the claimant a right to a civil action. Thus, in one of the earliest of cases involving breach of statute, Grove v Lord Wimbourne,   the Court held that if the criminal statute, in this case the Factory and Workshop Act 1878, is found to be intended to provide civil remedy, then that statute can be made applicable to action for injuries sustain ed in the employment. However, the fact that many of these statutes do not actually specifically state whether private law is applicable or not makes the breach of statutory duty particularly difficult to pursue. In X and others (minors) v Bedforshire County Council,   a controversial HL decision which was subsequently criticised by the ECHR, the Court held, inter alia, that private law cause of action can arise if it is shown that the statute protects a limited class of citizens and Parliament.... However, the fact that many of these statutes do not actually specifically state whether private law is applicable or not makes the breach of statutory duty particularly difficult to pursue. In X and others (minors) v Bedforshire County Council,6 a controversial HL decision which was subsequently criticised by the ECHR, the Court held, inter alia, that private law cause of action can arise if it is shown that the statute protects a limited class of citizens and Parliament intended to confer to them such a right of action. A breach of statute case may be employed in Jack’s case on the basis of The Provision and Use of Work Equipment Regulations 1998, regulations, which the Secretary of State issued under the power conferred on him by the Health and Safety at Work Act 1974. Said regulations provide, inter alia, that equipment that carries specific risks shall be assigned for use only by specific persons who had prior training for its use. More significantly, the statute provides that it is the responsibility of the employer to ensure that dangerous parts of any machine used in the workplace should not have any access to any of the parts of the body of the worker, which could be done either by installing fixed guards or other protective parts.7 Although there is no express conferment of the right to bring an action of civil liability, there is a presumption that such will lie as was held in Thornton v Kirklees Metropolitan Borough Council.8 The Court held in that case that where the statute imposes a duty on an entity for the purpose of benefiting a specific class of persons, but does not expressly provide a form of relief, a civil action for damages is presumed to be