What Is the Controlling Law, Testimony and Liability Research Paper - 3

What Is the Controlling Law, Testimony and Liability - Research Paper Example As an initial matter, vicarious liability refers to a type of liability that results from the commission of negligent acts or criminal acts committed by one or more persons that are, by law, thereafter shared or assigned to another person or other persons. (Hill v. McQueen, 1951: 484-485). Significantly, this liability via attribution is imposed vertically; more specifically, a person is subject to liability when a person or persons under its control cause some type of injury through negligent behavior, reckless behavior, or intentional behavior. In this case, Tex and Rex were sponsored by the resort and this sponsorship was made known to potential customers. In addition, the injuries sustained resulted from the negligence, and perhaps, reckless disregard of the resort’s agents, Tex and Rex. They knew, for example, that Molly had certain potentially hazardous inclinations; they knew that the injured party was ignorant when it came to horses; and finally, as experienced stable hands, they knew that injuries could result from placing inexperienced riders on such a horse. The resort might argue that Tex and Rex acted in excess of their duties or authority; however, an important principle of vicarious liability holds that â€Å"An employer may be held responsible for the tort committed by the employee where the act is incidental to and done in furtherance of the business of the employer even though the servant or agent acted in excess of the authority or willfully or maliciously committed the wrong† (Ada-Konawa Bridge Co. v. Cargo, 1932: 7). The plaintiffs, as a result, should not be deterred by allegations that Tex and Rex acted in excess of their authority because this type of liability can still vest and include the resort as a responsible party.

Business Ethics Assignment Essay Example | Topics and Well Written Essays - 2250 words

Business Ethics Assignment - Essay Example The amount of fast food advertising the children are exposed to everyday affects their diet to a great extent. This issue is very pressing as recently the world has witnessed the effects of fast food consumption on their health. In order to calculate the effects of fast-food on the health of people, 3301 black and white adults were interviewed. They were asked to give information about their diets, physical bodily activity and other life style factors. The results showed that those who had fast-food more than twice a week were more likely to gain an extra 10 pounds and has two times greater increase in insulin resistance. (Garner, 2005) The amount of youngsters in the United States who are obese, have type 2 diabetes, and are at the risk of obesity is pressing. (McGinnis et al., 2006) Overweight and obese adults suffer from type 2 diabetes and this is usually linked to other illnesses such as heart disease, stroke and high blood pressure. (Diabetes in children increasing with fast food lifestyle, 2002) A new study by University of California Los Angeles researchers found that advanced heart failure patients with diabetes who are treated with insulin have a death rate four times higher than when treated with oral medications. (Gardner, 2005) In 1960's the number of obese children was approximately 5 percent and in 2002 it increased to 16 percent. This means that the number has tripled in the past forty years. The statistics show how serious a matter this is and why this should be a nationwide concern. 9 million children from the United States are obese and what is worse is that another 15 percent of the children are at risk. (McGinnis et al., 2006) Another very shocking statistic is $100 billion is spent on health-care costs every year. (Gardner, 2005) According to Schlosser, among toddlers in the United States, 21 percent which makes up roughly one-fifth of all the American toddlers, are eating French-fries every day. (Tablac, 2003) The present diet of the children is extremely high in calories, fat, and sugar and is not healthy at the same time. (McGinnis et al., 2006) Fast food is often called unsafe food because of richness in salt and sugar. (Thimphu, 2007) The effects of this unhealthy diet also include diseases later in life including heart failures, diabetes, cancer and osteoporosis. It is now the responsibility of parents, health officials, governments and businesses to realize the magnitude of this problem. They should do something about it so that the children will have a safe healthy future. The diet of these children should change. They should have more intakes of vitamins, fruits, vegetables and whole-grain products. (McGinnis et al., 2006) According to Dr. Julie Gerberding, director of the Centers for Disease Control and Prevention (CDC), the number one health problem in the United States is not SARS. It is obesity that is becoming the number one health problem. (Ruskin, 2003) The Role of MarketingNow the question is how does this work How is marketing of fast food so persuasive that it changes the way people eat. These people include the growing population of both the developed and the developing countries. The marketing of fast food includes its four P's: Price, Promotion, Product, and Placement. Mediums like magazines, television,