Thursday, January 30, 2020

James Moore v Mack Trucks, Inc and Worldwide Equipment Inc Essay Example for Free

James Moore v Mack Trucks, Inc and Worldwide Equipment Inc Essay In the case of James Moore v. Mack Trucks, Inc. and Worldwide Equipment Inc. , the facts are that the Appellant appeals against the truck manufacturer and the distributor for recovery of business losses and losses associated with the trucks eventual repossession. The Circuit Court, Floyd County had summarily dismissed the contention made by the Appellant. After ruling that the appeal has been preferred in a timely and proper manner, the court goes into the merits of the contentions of the Appellant. The Appellant alleges that when he expressed concerns about the eighteen speed transmission of the vehicle, he was informed him the transmission had been completely redone by Mack. Appellant claims that he was informed him that the truck would suit appellants needs because the truck had a large rear differential and a larger motor, allowing it to get up and down hills. This, the Appellant contends created an express warranty. However, the court dismissed the contention as the warranty and sales agreement of the defendant disclaimed all implied warranties. In my opinion, the ruling is incorrect as even though the warranty agreements signed clearly disclaim any other implied warranties, a customer can ordinarily rely on statements made by the representatives of the defendants. While the second statement made by the representative is merely an opinion, as rightly pointed by the court, the appellant should not have to suffer as a result of relying on the first statement. It is conceded that the appellant should have perused the documents diligently, yet to state that a vendor is exempted from liabilities arising out of a default of his promises so long as there is an exemption clause protecting him, would put the buyer in a very precarious position. The ruling is somewhat contrary to Christian principles in that it legitimizes a certain amount of deception by the seller, allowing him to dupe and take pecuniary advantage. Ordinarily, the tenet of caveat venditor should be followed rather than caveat emptor. As per the Christian idea, we trust our fellow beings, and it would be of benefit and advantage to all. In the given case, the respondents are allowed to be exempt from their promises solely on the basis of a technicality in the contract.

Wednesday, January 22, 2020

Ophelias Weakness Essay -- essays research papers

In classic works of literature, all characters have certain flaws, and Shakespeare’s tragedies’ characters in particular have faults that ultimately lead to their ruination. In Hamlet, Ophelia’s flaws eventually kill her. In the beginning of the play, it is clear through her thoughts and actions that that Ophelia is an obedient person. But upon closer inspection, the audience can see that she is not merely an obedient, but completely dependent and weak character. In fact, her needy nature is unmistakable from the beginning. OPH: â€Å"I do not know, my lord, what I should think.† POL: â€Å"Marry, I will teach you. Think yourself a baby†¦Ã¢â‚¬  (Act I, Scene III, lines 105-106) Her cruel clashings with Hamlet, which go against her feelings for him, demonstrate her absolute obedience to her father. For example, from the start Ophelia told her father that she is fond of Hamlet: â€Å"My lord, he hath importuned me with love / In honorable fashion.† (Act I, Scene IV, lines 111-112) In relating this to Polonius, she implies that Hamlet is a decent and honorable man, and that she does have feelings for him. Ophelia’s later actions sacrifice these personal feelings by order of he r father, proving her total submission to his authority. Ophelia specifically agrees with her father not to see Hamlet again: â€Å"I shall obey, my lord†¦Ã¢â‚¬  (Act I, Scene IV, line 136) This shows that Polonius has complete control over his daughter, with her desire to please her father as the direct cause. Ophelia has an innate desi...

Monday, January 13, 2020

Medical Equipment Inc

Medical Equipment INC Q1) No, Grover thought that he has a good understanding for the culture because he was raised in Saudi Arabia, but the reality is he grew in an expatriate compound with limited contact with the Saudi people or the Saudi culture. He went to an Indian school and then went to take his college degree in the USA. His internships gave him the opportunity to work in France and the United States. The internships prepared him to work in the field but Saudi business concept is foreign to him.Grover did not understand the Saudi culture and missed some critical points while he was trying to get the deal. He knew that relationships are important in making business in Saudi Arabia which is completely true. The problem was he tried to build relations with the wrong persons the foreign cardiologist, the Egyptian biomedical engineer and the purchasing manager, but he could not reach the purchasing director. In a hierarchy community as Saudi Arabia the purchasing director is the most important one to build a relation with he is the one who can give Grover the deal.Grover spent his time building relation with people who can’t help him with the deal. It was obvious for me that Al Humaidi was avoiding meeting with Grover and when he finally met him after approximately one month it was a formal conversion. I lived in Saudi Arabia for 9 years and from my experience Saudi’s only have a say in Saudi Arabia. Foreigners or non Saudi Arabs working there have no say when it comes to business deals.A Saudi will always prefer to work with an Arab like Najjar and not an Indian because of the language and religious similarities this may sound harsh but is true especially in a situation like this where Al Humaidi had established a long relation with Najjar. Q2) Bribe is never justified and it is unethical, unless you are working in a pharmaceutical company or in a medical equipment company. I am a pharmacist who worked in Egypt and lived in Saudi Arabia and f rom my experience that all the deals in this field need bribes.Bribes are not ethical at all but are a common practice in field of pharmaceutical and medical equipment companies. In Grover’s case it’s within company rules to offer a trip to a business customer to one of the showrooms to view and get more details regarding medical equipments latest software and technology. This can be considered a bride but it’s not as obvious as cash. Cash bribery’s is not allowed, and would be a mistake. The hospital that Al Humaidi works for is a government owned one with a large budget to work with so if Grover offered money this wouldn’t be viewed as an incentive to buy the medical equipment.In Egypt companies give the mangers of the client gifts depending on the field that the company works in and how popular and attractive the actual product being offered is. I remember a famous company that produces the devices that measures blood sugar level, in a way to pr omote its devices the company offered the product free to the physicians and the pharmacies with the strips needed so the physician can use it himself on patients or give it as a gift or use it in his clinic and the pharmacy of course will use it to measure the blood sugar level for the customer.The company will get double benefit, the physician and the pharmacy will advertise the product to the patient by using this device and the patient will be advised to buy one. Q3) Grover has limited options that may be acceptable. There are 4 options I see as possible the first one is to continue in his way of conducting business. Grover’s current plan of action is morally and ethically safe, will not break any rules of the company or of his conscious but he may lose the deal.The second option is to proceed with the trip offer which will give him a chance to win the deal and in the same time he can document it as a business expense so it will not look as a bribe. As a show of commitmen t Grover should accompany Al Humaidi to the trip to help build a long lasting relationship. By going on the trip with Al Humaidi he can try to secure the current sale and also build for the future by assuring Al Humaidi that Medical Equipment INC. will be ready to work with him and be there for support and logistical backup and no also provide the best, outstanding technology for a reasonable price.The third option is to create a plan B and try to secure a sale regardless of the size, just to try and get in good favor with Al Humaidi with a potential of future business. It seems that even with careful analysis and generating a sales plan that offered all the best equipment according to the hospitals needs; this was still not adequate to secure the sale. From what Grover knows now he can create a plan B and modify the list of equipment that is offered and tailor it to the needs of the engineering and cardiology department only.The ECG machine that is being offered is far superior to that of the equivalent product that Wilson’s is offering. Knowing this and already having established a positive relationship with Dr. Saxman, Grover can push the two products that appeal more to the hospital. If the desired sale of $725,000USD worth of equipment is out of reach, then Grover could go forward with plan B and put an emphasis on the two ranges of products that Medical Equipment INC. has the edge over.While implementing this plan Grover already knows he is in good place with the cardiology department and engineering department so he could meet again with the purchasing manager Sultan and persuade him to schedule a meeting between the cardiology, engineering department, Sultan and Al Humaidi to discuss the new plan. This way not only would Grover have the support of the department but he would have a Saudi in Sultan to help push this new idea. Al Humaidi will be still able to take the two devices from Grover and take the other devices the hospital needs from Najja r.In the case it was mentioned that the low or high estimation of the order is wrong and will result in losing the deal but in Grover case he make the right evaluation of the need of the hospital but he will provide just 2 devices of these needs and this is acceptable, during my work in a governmental institution that need medical devices I saw a lot of deals involve buying the needs of the institution from 2 and 3 different companies depend on the price and the quality of the devices each company offers. So it is not weird or strange to just provide part of the needs even when you can provide it all it depends on the situation of the deal.The One option that would cause him to lose the deal is to offer cash to Al Humaidi. For one Grover would not be able record the cash gift and it would be highly against company ethic code. If an unethical cash type bride was offered, Grover would not be able to predict the reaction of Al Humaidi and the deal could be lost and Grover could risk hi s job or worse be deported from the country. Q4) I think the best option is to go with the trip option. In my field of work in pharmacy I saw these trips happen a lot and it is a common practice in the pharmaceutical and medical equipment companies.It’s an acceptable way to close the deals and gives the seller a higher percentage of closing the deal. So I think this trip will give him a great opportunity to win this deal especially if he went with the director in it and build a good relation with him and at the same time Grover won’t risk his position in the company because it is not considered a bribe or unethical for the medical equipment’s company. If the trip did not secure the deal he can always use plan B which will be easier to use after the trip because of the good relation he built with Al Humaidi.

Medical Equipment Inc

Medical Equipment INC Q1) No, Grover thought that he has a good understanding for the culture because he was raised in Saudi Arabia, but the reality is he grew in an expatriate compound with limited contact with the Saudi people or the Saudi culture. He went to an Indian school and then went to take his college degree in the USA. His internships gave him the opportunity to work in France and the United States. The internships prepared him to work in the field but Saudi business concept is foreign to him.Grover did not understand the Saudi culture and missed some critical points while he was trying to get the deal. He knew that relationships are important in making business in Saudi Arabia which is completely true. The problem was he tried to build relations with the wrong persons the foreign cardiologist, the Egyptian biomedical engineer and the purchasing manager, but he could not reach the purchasing director. In a hierarchy community as Saudi Arabia the purchasing director is the most important one to build a relation with he is the one who can give Grover the deal.Grover spent his time building relation with people who can’t help him with the deal. It was obvious for me that Al Humaidi was avoiding meeting with Grover and when he finally met him after approximately one month it was a formal conversion. I lived in Saudi Arabia for 9 years and from my experience Saudi’s only have a say in Saudi Arabia. Foreigners or non Saudi Arabs working there have no say when it comes to business deals.A Saudi will always prefer to work with an Arab like Najjar and not an Indian because of the language and religious similarities this may sound harsh but is true especially in a situation like this where Al Humaidi had established a long relation with Najjar. Q2) Bribe is never justified and it is unethical, unless you are working in a pharmaceutical company or in a medical equipment company. I am a pharmacist who worked in Egypt and lived in Saudi Arabia and f rom my experience that all the deals in this field need bribes.Bribes are not ethical at all but are a common practice in field of pharmaceutical and medical equipment companies. In Grover’s case it’s within company rules to offer a trip to a business customer to one of the showrooms to view and get more details regarding medical equipments latest software and technology. This can be considered a bride but it’s not as obvious as cash. Cash bribery’s is not allowed, and would be a mistake. The hospital that Al Humaidi works for is a government owned one with a large budget to work with so if Grover offered money this wouldn’t be viewed as an incentive to buy the medical equipment.In Egypt companies give the mangers of the client gifts depending on the field that the company works in and how popular and attractive the actual product being offered is. I remember a famous company that produces the devices that measures blood sugar level, in a way to pr omote its devices the company offered the product free to the physicians and the pharmacies with the strips needed so the physician can use it himself on patients or give it as a gift or use it in his clinic and the pharmacy of course will use it to measure the blood sugar level for the customer.The company will get double benefit, the physician and the pharmacy will advertise the product to the patient by using this device and the patient will be advised to buy one. Q3) Grover has limited options that may be acceptable. There are 4 options I see as possible the first one is to continue in his way of conducting business. Grover’s current plan of action is morally and ethically safe, will not break any rules of the company or of his conscious but he may lose the deal.The second option is to proceed with the trip offer which will give him a chance to win the deal and in the same time he can document it as a business expense so it will not look as a bribe. As a show of commitmen t Grover should accompany Al Humaidi to the trip to help build a long lasting relationship. By going on the trip with Al Humaidi he can try to secure the current sale and also build for the future by assuring Al Humaidi that Medical Equipment INC. will be ready to work with him and be there for support and logistical backup and no also provide the best, outstanding technology for a reasonable price.The third option is to create a plan B and try to secure a sale regardless of the size, just to try and get in good favor with Al Humaidi with a potential of future business. It seems that even with careful analysis and generating a sales plan that offered all the best equipment according to the hospitals needs; this was still not adequate to secure the sale. From what Grover knows now he can create a plan B and modify the list of equipment that is offered and tailor it to the needs of the engineering and cardiology department only.The ECG machine that is being offered is far superior to that of the equivalent product that Wilson’s is offering. Knowing this and already having established a positive relationship with Dr. Saxman, Grover can push the two products that appeal more to the hospital. If the desired sale of $725,000USD worth of equipment is out of reach, then Grover could go forward with plan B and put an emphasis on the two ranges of products that Medical Equipment INC. has the edge over.While implementing this plan Grover already knows he is in good place with the cardiology department and engineering department so he could meet again with the purchasing manager Sultan and persuade him to schedule a meeting between the cardiology, engineering department, Sultan and Al Humaidi to discuss the new plan. This way not only would Grover have the support of the department but he would have a Saudi in Sultan to help push this new idea. Al Humaidi will be still able to take the two devices from Grover and take the other devices the hospital needs from Najja r.In the case it was mentioned that the low or high estimation of the order is wrong and will result in losing the deal but in Grover case he make the right evaluation of the need of the hospital but he will provide just 2 devices of these needs and this is acceptable, during my work in a governmental institution that need medical devices I saw a lot of deals involve buying the needs of the institution from 2 and 3 different companies depend on the price and the quality of the devices each company offers. So it is not weird or strange to just provide part of the needs even when you can provide it all it depends on the situation of the deal.The One option that would cause him to lose the deal is to offer cash to Al Humaidi. For one Grover would not be able record the cash gift and it would be highly against company ethic code. If an unethical cash type bride was offered, Grover would not be able to predict the reaction of Al Humaidi and the deal could be lost and Grover could risk hi s job or worse be deported from the country. Q4) I think the best option is to go with the trip option. In my field of work in pharmacy I saw these trips happen a lot and it is a common practice in the pharmaceutical and medical equipment companies.It’s an acceptable way to close the deals and gives the seller a higher percentage of closing the deal. So I think this trip will give him a great opportunity to win this deal especially if he went with the director in it and build a good relation with him and at the same time Grover won’t risk his position in the company because it is not considered a bribe or unethical for the medical equipment’s company. If the trip did not secure the deal he can always use plan B which will be easier to use after the trip because of the good relation he built with Al Humaidi.

Medical Equipment Inc

Medical Equipment INC Q1) No, Grover thought that he has a good understanding for the culture because he was raised in Saudi Arabia, but the reality is he grew in an expatriate compound with limited contact with the Saudi people or the Saudi culture. He went to an Indian school and then went to take his college degree in the USA. His internships gave him the opportunity to work in France and the United States. The internships prepared him to work in the field but Saudi business concept is foreign to him.Grover did not understand the Saudi culture and missed some critical points while he was trying to get the deal. He knew that relationships are important in making business in Saudi Arabia which is completely true. The problem was he tried to build relations with the wrong persons the foreign cardiologist, the Egyptian biomedical engineer and the purchasing manager, but he could not reach the purchasing director. In a hierarchy community as Saudi Arabia the purchasing director is the most important one to build a relation with he is the one who can give Grover the deal.Grover spent his time building relation with people who can’t help him with the deal. It was obvious for me that Al Humaidi was avoiding meeting with Grover and when he finally met him after approximately one month it was a formal conversion. I lived in Saudi Arabia for 9 years and from my experience Saudi’s only have a say in Saudi Arabia. Foreigners or non Saudi Arabs working there have no say when it comes to business deals.A Saudi will always prefer to work with an Arab like Najjar and not an Indian because of the language and religious similarities this may sound harsh but is true especially in a situation like this where Al Humaidi had established a long relation with Najjar. Q2) Bribe is never justified and it is unethical, unless you are working in a pharmaceutical company or in a medical equipment company. I am a pharmacist who worked in Egypt and lived in Saudi Arabia and f rom my experience that all the deals in this field need bribes.Bribes are not ethical at all but are a common practice in field of pharmaceutical and medical equipment companies. In Grover’s case it’s within company rules to offer a trip to a business customer to one of the showrooms to view and get more details regarding medical equipments latest software and technology. This can be considered a bride but it’s not as obvious as cash. Cash bribery’s is not allowed, and would be a mistake. The hospital that Al Humaidi works for is a government owned one with a large budget to work with so if Grover offered money this wouldn’t be viewed as an incentive to buy the medical equipment.In Egypt companies give the mangers of the client gifts depending on the field that the company works in and how popular and attractive the actual product being offered is. I remember a famous company that produces the devices that measures blood sugar level, in a way to pr omote its devices the company offered the product free to the physicians and the pharmacies with the strips needed so the physician can use it himself on patients or give it as a gift or use it in his clinic and the pharmacy of course will use it to measure the blood sugar level for the customer.The company will get double benefit, the physician and the pharmacy will advertise the product to the patient by using this device and the patient will be advised to buy one. Q3) Grover has limited options that may be acceptable. There are 4 options I see as possible the first one is to continue in his way of conducting business. Grover’s current plan of action is morally and ethically safe, will not break any rules of the company or of his conscious but he may lose the deal.The second option is to proceed with the trip offer which will give him a chance to win the deal and in the same time he can document it as a business expense so it will not look as a bribe. As a show of commitmen t Grover should accompany Al Humaidi to the trip to help build a long lasting relationship. By going on the trip with Al Humaidi he can try to secure the current sale and also build for the future by assuring Al Humaidi that Medical Equipment INC. will be ready to work with him and be there for support and logistical backup and no also provide the best, outstanding technology for a reasonable price.The third option is to create a plan B and try to secure a sale regardless of the size, just to try and get in good favor with Al Humaidi with a potential of future business. It seems that even with careful analysis and generating a sales plan that offered all the best equipment according to the hospitals needs; this was still not adequate to secure the sale. From what Grover knows now he can create a plan B and modify the list of equipment that is offered and tailor it to the needs of the engineering and cardiology department only.The ECG machine that is being offered is far superior to that of the equivalent product that Wilson’s is offering. Knowing this and already having established a positive relationship with Dr. Saxman, Grover can push the two products that appeal more to the hospital. If the desired sale of $725,000USD worth of equipment is out of reach, then Grover could go forward with plan B and put an emphasis on the two ranges of products that Medical Equipment INC. has the edge over.While implementing this plan Grover already knows he is in good place with the cardiology department and engineering department so he could meet again with the purchasing manager Sultan and persuade him to schedule a meeting between the cardiology, engineering department, Sultan and Al Humaidi to discuss the new plan. This way not only would Grover have the support of the department but he would have a Saudi in Sultan to help push this new idea. Al Humaidi will be still able to take the two devices from Grover and take the other devices the hospital needs from Najja r.In the case it was mentioned that the low or high estimation of the order is wrong and will result in losing the deal but in Grover case he make the right evaluation of the need of the hospital but he will provide just 2 devices of these needs and this is acceptable, during my work in a governmental institution that need medical devices I saw a lot of deals involve buying the needs of the institution from 2 and 3 different companies depend on the price and the quality of the devices each company offers. So it is not weird or strange to just provide part of the needs even when you can provide it all it depends on the situation of the deal.The One option that would cause him to lose the deal is to offer cash to Al Humaidi. For one Grover would not be able record the cash gift and it would be highly against company ethic code. If an unethical cash type bride was offered, Grover would not be able to predict the reaction of Al Humaidi and the deal could be lost and Grover could risk hi s job or worse be deported from the country. Q4) I think the best option is to go with the trip option. In my field of work in pharmacy I saw these trips happen a lot and it is a common practice in the pharmaceutical and medical equipment companies.It’s an acceptable way to close the deals and gives the seller a higher percentage of closing the deal. So I think this trip will give him a great opportunity to win this deal especially if he went with the director in it and build a good relation with him and at the same time Grover won’t risk his position in the company because it is not considered a bribe or unethical for the medical equipment’s company. If the trip did not secure the deal he can always use plan B which will be easier to use after the trip because of the good relation he built with Al Humaidi.

Sunday, January 5, 2020

Ethics and law in nursing Free Essay Example, 2250 words

In this adult case study, the patient had no clear appreciation and understanding of the facts when she consented to the surgery. She had senile dementia which compromised her ability to issue her informed consent. Moreover, her capacity to give consent to the procedure was also compromised. The law requires that patients giving their informed consent must understand what the medical treatment is – including its purpose and why it is being proposed to them. They must also understand the benefits and risks involved and they must be able to communicate such decision to the medical health professionals charged with their care (Tidy, 2009). In the case, the elderly patient had a limited capacity to understand what the medical procedure was all about. She also had a mental limitation on her ability to assess the risks involved in the procedure. Hence, the patient, by law cannot be considered as mentally competent to give her consent to the surgery (Joel, 2006, p. 362). It is therefore important to note the Mental Capacity and the Mental Health Act in assessing the legality of this case. We will write a custom essay sample on Ethics and law in nursing or any topic specifically for you Only $17.96 $11.86/page 42). The elderly patient has a major disability which very much affects the way her mind works. One moment she may be doing something she normally does, like cooking food or brushing her teeth, and a few minutes later she forgets these things and then repeats them again. In other words, her mental faculties cannot be relied on to make sound decisions.