Employment Agencies Must Know About Contract and Negligence

Employment Agencies Must Know About Contract and Negligence Introduction Before a business launch its ideas (product/services) with in an environment both locally and or internationally, one must understand the legal environment that governs that place. This will eliminate conflicts of interest. With the understanding and knowledge of business law, opportunities, and potential benefits it will bridge the gap of the unknown. Furthermore, when purchasing a business, it is also important to understand the legal ramifications as it relates to the region in which that business will be operating and as it pertains to the nature of interaction and relationship with the local people. There are basically two types of business relationships: (i) Formal and (ii) Informal. This report will be focused on formal relationship between employer and employee relative to the legal aspects of Contract and Negligence in operating an employment agency. Business law though generally similar across the globe, will have subtle variations of interpretation and legal structure, whi ch are usually dictated by regional norms. Since the business acquired is an employment agency, the report will addressing some of the relevant aspects of Contract and Negligence for this employment agency business as applicable by the local rule of law. More specifically, this Business Law Report aims to feature the essential elements of a valid and binding contract, types of contracts and terms, the tort of negligence and the principles of liability with respect to the operations of an employment agency. This qualitative research will combine research, analysis, solution integrated approaches to business problems from a legal perspective. Hitlers employment agency is a small partnership business that deals with hiring of pupils. The research proposal includes a description of Hitlers employment agency background, the purpose, literature review, the objectives after acquisition, methodology of analysis, and the limitations of the study. The potential impact of the study could influence the perception of the investors. Project background The business acquired is an employment agency. The report will address some of the relevant aspects of Contract and Negligence for this employment agency business as applicable by the local rule of law. However this will help the business in making legal decision, nature of liabilities, different types of business decision and terms of contracts. The unknown of the legal system environment the business is operating in can result law suits if not operated in the law of the land. Hitlers employment agency is a small partnership business that deals with hiring of pupils. The company is partnership, managed by four friend. The company was formed in 2001. As a results, the main goal of Hitlers employment agency has been focused on creating more demand for their services while expand operations in other parishes of the island. The group of investors purchasing Hitlers employment agency believes there is an opportunity. K.C Deorgins is a consultant Firm. The firm analyzes existing and start-up businesses, create solutions to problems, and help small businesses to develop efficient plans for meeting their goals. K.C Deorgins have been in business since 2000, it was started by four college friends that recognize that small businesses in the Kingston area never survive more than a year and wanted to find the underline problem of the cause of this continuous occurrence. In 2006, K.C Deorgins branch out in St.Thomas, St.James, St. Elizabeth and St.Catherine. After the branches were open business that the K.C Deorgins help business strive to another level and survive even in the country bad economy downfall. Purpose To set out the relevant aspects of Contract and Negligence for an employment agency Objective To identify the essential contents of a Contract To apply the elements of a Contract in a business situation To outline the elements of Negligence relative to Law of Tort To illustrate the principles of Liability in Negligence Literature Review Employment agencies have a contractual relationship with prospective employees, which compels the agency to act in the best interests of the applicants. So in the normal course of business, an employment agency’s failure, to (i) foresee some danger to their applicants and (ii) in its ability to exercise some control over which employers it makes available to the applicants, will make the employment agency liable for damages. In other words, the employment agency will be liable for negligence if it fails to exercise the duty of care. As such, according to UsLegal.com, â€Å"the basis of liability under the doctrine of negligent hiring is the master’s own negligence in hiring or retaining in his employ an incompetent servant whom the master knows, or by the exercise of reasonable care should have known, was incompetent or unfit, thereby creating an unreasonable risk of harm to others.† Hence ultimately the employment agency owes a duty to its inventory of employees and to the general public to ascertain the qualifications and competence of the potential employee applicants it hires, especially where employees are engaged in occupations that require skill or experience and where there could be a hazard to the safety of others. It therefore goes without saying that due to the nature of the contractual agreements involve with operating an employment agency, it is imperative that operators of such an establishment be aware of the legal concepts of liability in order to ensure that negligent risk is minimized and contractual agreements are not in breach between employer and employee. The formal relationship between employer and employee relative to the legal aspects of Contract and Negligence, as noted by reviewed literature, is of paramount concern when conducting the of an employment agency. Methodology To set the relevant aspects of Contract and Negligence for an employment agency. The qualitative study will seek to find out the problems surrounding business law and also the opportunities and potential benefits of being knowledgeable about business law as it relates to the new business enterprise. Secondary source of information will be employed from websites and journals. Secondary source of information is gathered information from other individual who did an in-dept research about a particular topic. This type of information is usually factual but sometimes is tainted by the subjectivity of the researcher or author. The limitation of secondary source is that the information is not been updated. With the information collected twenty years back would not necessarily apply to the same issue of solving a problem as technologies has evolve over the years that even has forensic evidence. It is this researcher opinion that primary sources will not be of any benefit to this business law report. References USLEGAL.COM. 2014. Liability of Employment Agencies for Negligence or Violation of Statute See more at: http://employmentagencies.uslegal.com/liability/#sthash.zqo0UYtL.pa7Y2v6I.dpuf. [ONLINE] Available at: http://employmentagencies.uslegal.com/liability/#sthash.zqo0UYtL.dpuf. [Accessed 12 March 14]. StudyMode.com . 2014.Aspect of Contract Negligence in Business. [ONLINE] Available at:http://www.studymode.com/course-notes/Aspect-Of-Contract-Negligence-In-1953205.html#. [Accessed 14 March 14]. BLACK, H C B, 1968.BLACKS LAW DICTIONARY. 4th ed. ST. PAUL, MINN. : WEST PUBLISHING CO. e-lawresources.co.uk. 2014.Contract law. [ONLINE] Available at:http://www.e-lawresources.co.uk/Contract.php. [Accessed 14 March 14]. LAW.COM. 2014.Search Legal Terms and Definitions. [ONLINE] Available at:http://dictionary.law.com/Default.aspx?letter=T. [Accessed 14 March 14]. kaunainassaria. 2013.Aspects of Contracts and Negligence in Business. [ONLINE] Available at:http://www.studymode.com/essays/Aspects-Of-Contracts-And-Negligence-In-1635053.html#. [Accessed 14 March 14].

Raymond Carvers poem Photograph of My Father In His 22nd Year Essay

The Theme of Raymond Carver's poem "Photograph of My Father In His 22nd Year" Growing up we all had expectations of who we should be imposed upon us by our parents. Whether or not we achieved those expectations upon reaching adulthood isn't really the final outcome. There is a greater lesson learned regardless of how we benefited from the imposition. And that realization is what truly shapes our final character. Raymond Carver entertains this topic in his poem, "Photograph of My Father in His Twenty-second Year." In this poem Carver provides us with a beautifully touching slice of life that is not only flawless in writing and technique, but that connects and emotionally evokes feelings that are universal in all readers. The poem begins by bluntly stating that the month is October. A young man is standing in a kitchen that he describes as "Here in this dank, unfamiliar kitchen" (1). Even though this is a very brief, vague description, the reader gets the feeling that the young man knows this kitchen very well, yet not like he once remembered it. The reader is to infer that the young man has come back to his childhood home for one reason or another and is standing in his old kitchen. He has been here many times, yet it feels alien to him. This concept is further elaborated further on in the poem. He is holding a photograph of his father when he was very young. He comments, "I study my father's embarrassed young man's face" (2). He describes his father in the picture as having a "sheepish grin" and holding "a string of spiny yellow perch" and a "bottle of Carlsbad beer" (3-5). This description helps to set the tone for the photograph, providing superficial surface details that erode to reve... ... end of the poem as if he is speaking to his father, attempting to let him know that even though he tried to be the man he thought he should be, and most likely imposed that attitude on his son, they were more alike than his father would ever understand. The great thing about Raymond Carver's poem is not the beautiful imagery, or imaginative writing, it's the connection the reader makes with the young man in the poem. We have all conflicting ideas with our parents regarding who we should be and what direction our lives should take, and Carver is able to condense all of the emotions associated with that struggle into fifteen lines. The poem is also able to teach a wonderful life lesson that all people from different walks of life can benefit from: to be truly understood, and to truly understand those around you, you must first be true to yourself.

Buddhist, Confucian, and Taoist Views on Benevolence Essay

Benevolence can be defined as the moral inclination to be kind and compassionate. If people could control their malicious behaviors and focus on participating in acts that are solely beneficial to humanity, the earth would be much more prosperous. Being kind to others gives us a feeling of contentment that is otherwise unattainable. Receiving compassion and kindness provides us with a sense of gratitude and wellness that many cannot help but share with others. No one enjoys being the subject of someone else’s ill will. This is why moral codes such as (but not limited to) Buddhism, Confucianism/Taoism have emerged. If everyone followed any one of the previously stated practices, it would be much easier for humans to grow and develop as a whole because there would be fewer causes of our discontentment. The Buddhists’ ultimate goal is to end suffering by achieving enlightenment, or nirvana (Kessler, pg. 186). Benevolence is indefinitely required to reach this state. Enlightenment can only be obtained by recognizing the Four Noble Truths. This basically states that life is suffering, which is the result of bad karma caused by malevolent actions that are driven by natural human desires. The end of desire will inevitably be the end of suffering. The only way to end suffering is by following in the footsteps of Siddhartha Gautama’s enlightenment (Kessler, pg. 166). This method of bringing an end to suffering is otherwise known as the Eightfold Path, or the Way of the Buddha. In order to obtain the same enlightenment, Buddhists are required to uphold a strict set of rules regarding the way to behave as a beneficial member of society, including â€Å"right view, right thought, right speech, right conduct, right livelihood, right effort, right mindfulness, and right meditati on.† (Kessler, pg. 224). The most devout Buddhist possesses immense self-control and discipline in attempt to live the purest, least harmful existence possible. A good example of the ideal Buddhist is the bodhisattva. Bodhisattvas have reached the ultimate level of moral purity, kindness, and compassion toward the world and therefore live to relieve people from suffering (Kessler, pg. 170). Concerning overall kindness and compassion, the fate and preservation of the entire world should be taken into account before performing any act. No living being should ever be harmed or killed. One should never steal from another, but may receive gifts openly. Buddhists should be chaste, truthful, and fair. They are required to keep peace among people if necessary. A devout Buddhist would never speak to someone in a discourteous manner, including sharing erroneous information (Kessler, pg. 185). This moral code practiced by Bodhisattvas is directly concerned with the wellbeing of the world through good deeds, which leads to the end of eternal suffering, according to the previously stated teachings of the Buddha. Another influential teacher of morality and obtaining widespread human prosperity is Confucianism. The Way, or Tao, is the Confucian concept of human nature. The Mandate of Heaven is dictated by the fact that humans, by nature, want to obtain balance and harmony in the world, which is possible beginning with harmony within the self. Harmony within one’s self leads to harmony among other people, which results in the harmony of natural phenomenon, and thus the world is harmonious. This requires that all human emotional conditions be in balance. Although the notion is truly inconceivable, this can be most closely described as the Confucian concept of heaven. People must be understanding and compassionate towards one another, and make sacrifices for the greater good. When this is achieved, human flourishing is then possible. People are either intelligent enough to possess the sincerity of the way, or they can be instructed to do so. Humans are all capable of making a contribution toward achieving the order of the Way, which results in spiritual salvation (Kessler, pg. 242-243). The most important way this goal is to be achieved by the followers of Confucian teachings is through sacrifice. An honorable person intends to sacrifice in order to spread good will to the earth. This helps emphasize the responsibilities all humans have to maintain peace and harmony in the world for the well being of everyone (Kessler, pg. 240). Humans are born into different ranks, which must be taken into consideration, but the overall goal of Confucian teaching is to uphold the moral obligation of goodness. Elders and authority figures are to be respected in accordance to the Confucian way. For example, a child is respectful to a parent because both are needed to maintain balance in the family. This plays a crucial role in the functionality of the family unit. The same notion can be applied to the citizen and his governing body. The citizen is obedient to the government because defiant behavior would lead to chaos (Kessler, pg. 242). The Buddhist and Confucian doctrines are similar in many ways. The ultimate goal of both sets of teachings is the same: human benevolence leads to moral salvation and the well being of humanity. Renunciation plays a major role in the overall intention of both parties. The crucial difference between the two is the source of the regarded texts. Confucians’ fate is subject to the government no matter what. They pay respect to all people, but understand the necessity to respect the upper class because they play a major part in the well being of the whole. The elders and authority figures â€Å"take care† of the younger or less fortunate. Buddhists focus more on solitude and undergoing suffering for the greater good. They go as far as to give up normal eating habits as to refrain from any selfish behavior that may lead to bad karma. Confucians also undergo suffering, but do not give up basic human desires for the benefit of others. They are undeniably considerate. Any feeling that one would not enjoy feeling would never be bestowed upon someone else. No form of extreme asceticism required of Confucians as it is sometimes in Buddhism. Rather, Confucian success is more important to human flourishing. Although true, both moral concepts have the same intended outcome of benevolence toward everyone. Works Cited Kessler, Gary E. Ways of Being Religious. Mountain View, CA: Mayfield Pub., 2000. 166+. Print.

6th-Grade Math Word Problems