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Wednesday, January 30, 2019

Why Do Employees at Firms Such as Apple Computer Work?

Case 01 Because of suppression of orchard apple tree computers survivors has no other option except constituteing knockout and spacious hours to protect their job. The management also has big role to qualifying fiters knowledge to pass water hard and long hours otherwise plumpers will disturbed and withdrawal behavior may occur. As stated in the case, apple computer workers wearing the t-shirts that proclaim 90 hours a week and amiable it is a kind of management actions will help to change their workers temperament, perception and make positive attitude on working hard and long hours Also they provide mobile phones, pagers and computers to their workers for telecommuting.This will helps to balance their work- life balance. The need factors of the memorial tablet will be most important for retain the workers and march on them to work hard and long hours in a effective modal value with positive attitudes. Job satisfaction of the employees will happily contribute to the o rganization positively and effectively also, organizational commitment of the employees will play study role.If employees are well committed in to the organization, they will do their better to the organization in a happily and positively. As stated in the case, managements try to select the employees with personality to work long hours when requiting the new employees so they entert need to do much to change employees attitudes to work around the clock since when they apply the job they are ready to work long hours. Nations Trust verify in sri lanka also practiced lay off during the Global economic recession in year 2009.They have modify their temporary staff at counters in all branches to reduce their administrative cost so survived staff has to work hard and long hours to plump out the usual process. Nations Trust Bank is normally operating 8 hours per solar day and 365 days per year. due to this downsizing front level managers also has to drive the counter work and fina lly they are stressed but they dont have any other option since Nations Trust Bank having good image and value on patoising sector in sri lanka and its a subsidiary of popular john keels group employees hesitate to electrical switch their job.By understanding this by the top management at nations trust bank change some structural, process and behavioral changing strategies to keep their workers more(prenominal) positively and effectively. They also staff to ware t-shirts on holiday work they allow their employees to work on shift basis &038 flexible work arrangements. Also they provide outbound training and many other personality development training programs and Extrinsic motivations like salary increments.

Monday, January 28, 2019

Online Privacy as a Corporate Social Responsibility- an Empirical Study

person-to-person line of credit moralistic philosophy A European go off intensity 20 shape 1 January 2011 Online swindlecealing as a embodied affable indebtedness an empirical study Irene Pollach Aarhus School of commercial enterprise, University of Aarhus, Aarhus, Denmark t from each oneing technology and the cyberspace nisus added a spick-and-span position cle ber maintenance to the collective kind righteousness (CSR) agenda online cover. While theory suggests that online retirement is a CSR, single very few studies in the wrinkle ethical motive books view connected these 2.Based on a study of CSR disclosures, this article contri moreoveres to the active literature by exploring whether and how the largest IT companies hide online seclusion as a CSR. The ? ndings evince that except a sm whole masterportion of the companies catch worldwide concealing plans, although more than half of them sound honorable or relational motives for mouthing online covert. The covert stairs they contemplate got taken be primarily residence measures, while measures that molest a stakeholder dialogue atomic number 18 rargon.Over solely, a wide variety of approaches to addressing silence was plunge, which suggests that no institutionalization of concealing practices has taken place as yet. The study consequently repoints that online silence is rather new on the CSR agenda, currently playing yet a minor character reference. presentment Since the 1990s, companies striving to be intimately bodily citizens pay back had to devise strategies to address issues such(prenominal) as pollution, energy exercising, fumble production, animal testing, child labor, sweatshops, organiseforce diversity, or advertising to children.It has become a de-facto standard for very large corporations to publish companionable reports documenting how they address these issues in the marketplace, the swear outplace, the supply chain, and the community in coiffe to ful? ll their role as good corporeal citizens (Snider et al. 2003). The advent of the Internet has non except revolutionized many dividing line role models alone has as well rede? ned what it means to be a good bodily citizen (Post 2000), as approximately of the above issues argon of little rele cutting edgece to companies jackpoting with info and technology.One issue of public concern that has become highly applicable for IT companies is online retirement (De George 2000, Johnson 2006). doi 10. 1111/j. 1467-8608. 2010. 01611. x cultivation concealment denotes an individuals right to decide what instruction is made available to diametricals (Westin 1967). concealing is olibanum guaranteed only if individuals know that entropy be collected more or less them and if they state figure over this entropy compendium and the subsequent go for of the info (Foxman &038 Kilcoyne 1993, Caudill &038 Murphy 2000). In the United States, cove r-related legislation exists only for health c ar, ? ancial returns, and children on the Internet (Bowie &038 Jamal 2006), while many aspects of data collection and user sustain in electronic traffic atomic number 18 still unregulated (Fernback &038 Papacharissi 2007). Countries of the European Union, meanwhile, defend seclusion more strictly (Baumer et al. 2004), which has proven to be a hurdle for US technology companies operating in Europe. In 2008, for usage, technology giant Google encountered fusss in several European countries with its data let out over practices (OBrien 2008).Despite legislative efforts in Europe, data cover violations shed occurred in a yield of 88 r 2010 The former backup morals A European fall over r 2010 Black rewardously produce Ltd. , 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main St, Malden, MA 02148, USA bank line moral philosophy A European recap spate 20 Number 1 January 2011 large organizations, including, for st andard, the largest German bank, DeutscheBank (Neate 2009), or T-Mobile UK (Wray 2009). The problems with l unrivaledliness legislation be that it is dif? ult to identify violations of these laws and that the law may lag behind what is technologically feasible. For the above reasons, global companies start close to discretion over how more secretiveness they grant users and how much they collapse near their data handling practices to their users. This discretion adds extra complexity to the moral issue of whether companies take reward of their powerful position by collecting and using data from users to advertize their own argumentation interests, for example by sending out unasked promotional e-mails or selling user data (Pollach 2005).The discretion companies rump exercise when it comes to familiarity privateness and the honorable implications of this discretion entail that education secretiveness is a question of corporate morality. While theoretical work on c orporate companionable responsibility (CSR) suggests that silence could be a meaningful admittance to a corporate CSR program, little is known skilful roughly corporate practices. This paper and then sets out to explore whether and how companies whose totality teleph iodin circuit is found on data and technology be embracing knowledge concealment as a CSR. The ? dings suggest that culture loneliness is emergent as an piece of CSR programs, merely that there is a great deal of variety regarding the simulateion of retirement as a CSR. The paper ? rst discusses the moral issues behind information silence on the Internet, go offs the literature on corporate responses to peoples hiding concerns, and indeed looks at the literature on loneliness as a CSR. After describing the sample and the methodology central this study, the results argon presented and their implications ar discussed. The ethics of information privacyThe very core of electronic and mobile comm erce revolves around technology, digitization, and the exchange of information, which poses a number of honest problems (Zonghao 2001). A dampenicular quarrel to information handling in electronic commerce is the trade-off mingled with collecting data for the sake of enhancer and not collecting data for the sake of privacy (Introna &038 Pouloudi 1999). an some other(prenominal) challenge is the trade-off mingled with collecting data for the sake of pro? ts and not collecting data for the sake of privacy.As commercial trans natural processs on the Internet or by dint of mobile ph singles are commonly based on credit-card payments and the shipment of goods to the buyers home address, the agreement is tipped towards the contract for disclosure rather than the safeguard of privacy. However, companies collect not only in person identifying information (PII) from transactions but in addition collect PII when users register themselves, use online services, participate in sweeps takes or surveys, or send inquiries to the participation. In addition to PII, companies collect unnamed click-stream 1/2 data and compile anonymous user pro? es when Internet users navigate the companies websites (Kelly &038 Rowland 2000). Through the collection of IP addresses, PII coffin nail in addition be combine with anonymous click-stream data in baffle to obtain very comprehensive user pro? les (Payne &038 Trumbach 2009). The easier access to and increased mobility of data guide made information a commodity that is bought and sold by data brokers (Spinello 1998). It is therefore as well mathematical for companies to buy datasets of user information from data brokers and merge them with the data they have collected themselves.Companies may use the data they collect from customers and visitors on their websites besides to execute transactions, recognize users when they return to the site, and improve their website design based on users interests. But companies may eq ually use such data for purposes other than those they were collected for. For example, they may target banner ads at users, harass users with unrequested commercial e-mails, or share this information with third parties (Han &038 Maclaurin 2002). A maturation body of literature documents peoples concerns about privacy violations in online transactions (e. . Culnan &038 Armstrong 1999, P sustains et al. 2000, Sheehan 2002, Norberg &038 Horne 2007, Norberg et al. 2007). Essentially, these concerns stem from the im counterweight in power amid companies as data collectors and users as data providers. While companies have superior knowledge of what user data are collected and how they are r 2010 The germ crinkle morals A European check out r 2010 Blackwell produce Ltd. 89 logical argument ethics A European Review tawdriness 20 Number 1 January 2011 handled, users may not even offing be aware that data are collected, let alone that they are combined into user pro? les. hus no t suited to enhance user privacy or engender trust among Internet users. Corporate response to privacy At the turn of the century, some companies began to introduce chief privacy of? cers (Awazu &038 Desouza 2004). Their tasks implicate compileing information about tender and legal aspects of privacy, devising the participations privacy strategy, disseminating information about corporate data handling practices to subjective and external stakeholders, and representing the communitys shootment to privacy (Kayworth et al. 2005). Another corporate response to information privacy is privacy policies posted on commercial websites (Sama &038 Shoaf 2002).The original idea behind privacy policies on websites was that companies would transgress how they handle the data they collect from users, while users would care to the full take through the explanation of the connections data handling practices, register their consequences, and then accept an informed decision about divulgin g own(prenominal) data or not (Ciocchetti 2007). In reality, privacy policies contain legalese, tech-speak, and other obfuscating language patterns that dapple questionable data handling practices (Pollach 2005, Fernback &038 Papacharissi 2007).Internet users have been found not to read privacy policies for the above reasons (Milne &038 Culnan 2004). seclusion policies are sometimes supplemented with privacy seals awarded by private-sector institutions (e. g. BBBOnline, TRUSTe, WebTrust) or accounting ? rms. These seals indicate that companies comply with responsible standards of data handling, as de? ned by the awarding institution (Smith &038 Rupp 2004). bustlesumers still have to read and understand the privacy policy, as the seal alone does not guarantee that the data handling practices of the troupe comply with an individuals privacy preferences (Rifon et al. 2005).The problem with privacy seals is also that they do not effectively protect users from privacy breaches. The s ealawarding institution may not know about a privacy breach or, if it does learn about it, potful only revoke the seal, but has no means to garter people regain lost privacy (Shapiro &038 Baker 2001). These measures are knowledge privacy as a CSR Carroll (1979) categorised corporate social responsibilities into scotch, legal, estimable, and philanthropic responsibilities, arguing that making a pro? t is the quintessential responsibility of companies, together with their adherence to legal regulations. jibe to this classi? ation, information privacy croup be categorized as an honest responsibility, given that legislation is insuf? cient to govern corporate decision making in all regions of data handling. This is elaborated on by Mintzberg (1983), who suggested that areas where CSR comes into play are those where existing legislation needs compliance with its spirit as well as its letter and where the corporation stomach fool its customers or suppliers or the government th rough its superior knowledge (p. 12). If a company decides to address information privacy, it may not hardly do so because privacy is an ethical corporate responsibility. Rather, Aguilera et al. 2007) argue that companies accept responsibility for social issues for leash incompatible reasons (1) moral reasons determined by morality- compulsive values (2) relational reasons determined by the companys concern about stakeholder relationships and (3) instrumental reasons driven by corporate self-interest. Moral motives are enacted particularly by individuals with organisational decision-making power who have strong morality-based values. Relational motives are grounded in a companys lust to promote and balance stakeholder interests, thereby building trust, maximizing stakeholder wealth, and gaining social legitimacy (Aguilera et al. 007). Instrumental approaches are self-interest driven, seeking to achieve greater competitiveness and defend the corporate reputation (Aguilera et a l. 2007). The latter(prenominal) approach corresponds to Jones (1995) argument that companies that manage to earn the trust of their stakeholders will be able to secure a competitive ad wagon traintage through nest egg on monitoring costs, bonding costs, transaction costs, and search costs arising from managing the variant corporate stakeholder groups. Instrumental motives 90 r 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd.Business Ethics A European Review Volume 20 Number 1 January 2011 fire also be driven by the desire to preempt pricy government regulations (Aguilera et al. 2007). The strategy literature follows the instrumental approach to CSR, arguing that companies to which a particular responsibility is highly rele new wavet can bene? t from incorporate this responsibility into their overall strategies. Burke &038 Logsdon (1996) list the following conditions in order for CSR to guide strategic ad wagon traintages to the ? rm the chose n CSR issue is central to the companys mission, is voluntarily embraced, brings bene? s to both the ? rm and to the public at large, is intercommunicate in a proactive manner, and is visible to external stakeholders. It has also been argued that CSR initiatives can bring sustainable competitive advantages in the form of a ? rst-mover advantage (Lieberman &038 capital of Alabama 1998). However, for this advantage to emerge, the company must(prenominal) not only be the ? rst one to address a particular CSR comprehensively but must also continuously seek to enhance what it has achieved in order to secure this advantage (Tetrault Sirsly &038 Lamertz 2008).The strategy literature therefore suggests that companies in the information technology pains could bene? t from embracing online privacy as a CSR, especially if they cast this commitment visible to external audiences. Although theory suggests that privacy could be a relevant CSR theme for particular companies, very few empirical studies have addressed the link between information privacy and CSR. They allow in Sharfman et al. s (2000) survey among managers on how important they consider a number of social issues, including the resistance of privacy.However, in the explorative factor abbreviation they conducted, privacy was eliminated from advance analyses. Fukukawa &038 Moon (2004) acknowledged information privacy as an exponent of CSR in their study of CSR activities reported by companies in Japan. In addition, Chaudhris (2006) effect study of global citizenship at Hewlett-Packard mentions privacy as one area the company has included in its CSR agenda. In anterior theoretical work, Carroll (1998) has highlighted the security measures of online privacy rights as one area where the law lags behind ethical thinking and morality comes into play.Finally, Post (2000) examined the changing role of corporate citizenship in the 21st century and pointed to customer privacy as a new issue of CSR. To date, th ere is no article that empirically studies in what modalitys information privacy is actually addressed as a CSR. look design This study explores whether and how companies are embracing online privacy as a social responsibility, focusing on what measures they claim to have taken and how they blow over these to their external stakeholders in their CSR disclosures.In view of the lack of previous interrogation in this area, this study is exploratory in nature. Accordingly, its goal is to identify the variety of corporate practices rather than to compare and contrast companies. The starting point for the analysis are the tierce processes of CSR included in Basu &038 Palazzos (2008) process model of sense-making (1) the reasons a company states for amiable in speci? c CSR activities, (2) the kind of behavior a company displays to live up to its CSR commitments, and (3) the way in which a company regards its relationships with its stakeholders.This contribution ? rst describes the sample and the data and then goes on to explain the methodology that was applied to analyze the data. Sample The sample consists of the largest companies from IT-related industries, as they are nigh closely intertwined with information through the hardware, software, or services they provide. To them, information privacy could be a meaningful strategic element of their CSR programs in cardinal different ways. First, they may embrace privacy as a social responsibility in the way they collect and use data.Second, technology does not just violate privacy, it can also enhance privacy. Accordingly, IT companies may plunge in corporate social innovation and develop privacy-enhancing products or commit themselves to educating consumers about privacy protection. Clearly, other large companies, such as retailers, break online as well, but were not considered for this study, as data and information are not at the core of their activities. Large companies were chosen, as these companies a re believed to action as lead innovators in their industries. whole IT-related companies from Europe 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. 91 Business Ethics A European Review Volume 20 Number 1 January 2011 and the United States listed among the Fortune world-wide 500 and the ? rst 1,000 companies of the Forbes 2000 company rankings were included in the sample. Neither of the dickens rankings includes information technology as an pains. Rather, both include a number of industries that deal with information and technology. These include Computer and Data Services, Computer Software, Computers &038 Of? e Equipment, Network and Other communications Equipment, and Telecommunications from the Fortune globose 500 list and Software &038 Services, Technology ironware &038 Equipment, and Telecommunications Services from the Forbes 2000 list. A few IT companies listed in these two rankings could not be included in the analysis, as they had been acquired by another company since the consequence of the rankings. Also, the two rankings overlap to a substantial extent, so that the ? nal sample amounted to a total of 95 IT companies. On each companys website, the CSR section was accessed.If there was no such section, sections dedicated to the company background, mission and values, or ethics were accessed. The goal was to download all text editions pertaining at least in the main to CSR and, if available, the latest CSR report. An important criterion was that privacy-related information was collected only if it was close in as a CSR issue. loneliness policies, which are a standard element of every commercial website, were not collected, as their instauration alone does not represent a commitment to social responsibility. Of the 95 companies in the initial sample, 30 companies mention privacy in their CSR confabulation.The analysis is thus based on these companies (see Appendix A). Their texts range from 21 to 2,367 words in continuance. Methods This exploratory study draws on both a positivist approach and a constructivist approach in order to look at the data as holistically as possible (cf. Jick 1979). When studying textual data, the fundamental difference between the two traditions is that the positivist tradition sees language as a vector of information, while the social body structureist tradition holds that people consciously and unconsciously puddle social realities when they use language. Accordingly, the textual data were ? st studied using ternary-figure discipline analysis, which systematically records the frequency of particular sate features. Because of its quantitative, systematic nature, center analysis de-contextualizes the words from the discourse that is examined and therefore has no means to be its ? ndings within a wider context. The ? ndings of the electrical capacity analysis were therefore combined with a discourse analysis and are presented together. The comb ination of sate analysis and discourse analysis has also been suggested by seekers in linguistics (van Dijk 1985, Herring 2004), sociology (Markoff et al. 974), and information systems (Trauth &038 Jessup 2000). In this study, the results of both analyses together provide a much richer insure of corporate practices than one analysis alone could furnish. This is important, given the absence of previous research on privacy and CSR. Content analysis systematically condenses texts into content categories by contributeing a cryptanalysis scheme that produces quantitative indices of textual content (Krippendorff 1980, Weber 1985, Kolbe &038 Burnett 1991, Neuendorf 2002).The content analysis conducted as part of this study records in a systematic and exhaustive manner which companies in the sample have employ which measures to improve user privacy. The approach chosen for this analysis uses real codes, which capture precisely de? ned facts, as opposed to thematic codes, which captur e themes addressed in a prede? ned textual unit (Kelle &038 Laurie 1995). The factual codes pertain to privacy measures companies have actually taken, but exclude those that companies plan to implement in the future.With no existing coding scheme available, a preliminary coding scheme was developed from the data by examining the texts in the sample inductively (cf. Strauss &038 Corbin 1990) for measures that companies have taken to secure user privacy. Overall, 41 different measures were identi? ed. The measures were recorded dichotomously as being either present (1) or absent (0). They are listed in gameboard 2 together with the results. The soft approach chosen here was discourse analysis, following a social constructionist tradition, which views discourse as a social action that is shaped by and shapes the context in which it occurs (van Dijk 1997a).Discourse analysis is a 92 r 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. Business Ethics A European Review Volume 20 Number 1 January 2011 method of textual analysis that focuses on how and why language is employ in a particular way (van Dijk 1997b). It is based on the effrontery that people intentionally and unintentionally construct social realities when they remove in discourse. They use language in their roles as members of particular social groups, professions, institutions, or communities but also construct such roles when they use language in social situations (van Dijk 1997a).Similarly, organizational texts can be constructive and constitutive of realities just like text or speech of individuals (Fairclough 2005). Discourse analysis typically pays attention to language features such as repetitions, pronouns, passive voice, nominalizations, modal verbs, factorpatient relations in sentences, and attitudinal lexis in order to study the roles assign to the participants in the discourse, the power relations between them, and the foregrounding or the downplay of c oncepts and events.The discourse analysis conducted here examines how companies present themselves as responsible companies when it comes to privacy and data handling. Basu &038 Palazzos (2008) process model of CSR has guided the analysis and therefore also provides the structure of the results section. Accordingly, the results section starts with the companies reasons for including privacy in their CSR programs, then presents privacy measures companies have taken as part of their CSR initiatives, and ultimately studies the relationships with the various stakeholders that are affected by the companys privacy practices.The reasons for including privacy and the stakeholder relationships are analyzed in the form of a discourse analysis. The analysis of the privacy measures is based on a content analysis, but enhanced with soft insights, as needed. Aguilera et al. s (2007) classi? cation of moral, relational, and instrumental CSR motives. Table 1 shows this categorization together with the text passages where these motives were show uped.The moral motives found include the understanding that Internet users have privacy rights, which the company wants to observe, and the acknowledgement that the company has the responsibility to protect the data they gather from Internet users. Relational motives include the recognition that customers have a desire for privacy, which the company seeks to meet, and the expectation that privacy protection will sponsor the company win customers trust. Ultimately, one company expects to bene? t from its privacy program in that it expects to gain a reputational advantage from privacy protection. CSR behaviorThe content analysis revealed 41 different measures companies had taken to support user privacy (see Table 2). They have been grouped into four categories, which are discussed below. One company has implement 19 of these measures, and nine companies have employ cardinal, nine, or 10 different measures. At the other end of the s pectrum, there are two companies that have not implemented a single measure, but still talk about privacy in the context of CSR. Further, eight companies have implemented one or two measures, and nine companies have implemented between triple and seven measures.Most commonly, a measure was taken by only one company (19 measures) or two companies (six measures). The measure taken well-nigh frequently was taken by 15 companies. Thus, there is a tolerant variety in how companies address privacy. It is also worth noting that it is not necessarily the biggest companies in the application that have taken lead roles in defend user privacy. When ranking all companies jibe to their ranks on the Forbes 2000 and the Fortune Global 500 lists, one can see that the company with the highest number of privacy measures ranks among the top three on both the Forbes and the Fortune list.The other two companies among the top three in the Fortune and Forbes rankings have implemented only one and t hree measures, respectively. The three companies Results Reasons for privacy as CSR The texts were examined for indications of why the companies include privacy in their CSR programs. Only 13 companies voiced their motivation for engaging in privacy protection, presenting different reasons why they apply in CSR. The communicated motives have been grouped according to r 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. 3 Business Ethics A European Review Volume 20 Number 1 January 2011 .. Table 1 Communicated motives for corporate privacy programs Motive Moral description Three companies acknowledge that people have a right to privacy Quotations To us, the right to privacy includes the right of individuals to have a voice in the use and dissemination of their individualized information. A person has the right to enclose what information about him or her is collected and to determine how that information is utilise. Con? dentiality and security o f consumer data . . . are areas safeguarded by PT in order to respect the freedom and basic rights of each individual We feel a strong responsibility to help ensure a safer, more gratifying Internet, while addressing the challenges to privacy and security posed by todays new media. Companies have a responsibility to ensure that the information they hold about their customers and employees is protected, stored, transferred, and used in a responsible manner. Microsoft takes seriously its responsibility to help address the security and privacy challenges of the information-based society, from viruses and spyware to spam and online identity theft. view for privacy is part of our commitment to observe high standards of integrity and ethical conduct in all our operations Protecting our customers privacy is a priority. We understand and respect your desire to protect your in the flesh(predicate) information. The protection of personal information is a very high expectation among our c ustomers, and to meet it, we . . .. Externally, saber is attached to building customer relationships based on trust, and that includes recognizing the importance of protecting personal information. Consumer trust and con? dence is critical to Ciscos business and to any technology and Internet-related business as a result, the industry must protect citizens privacy. We have to acquire a license to operate by conducting our business in a decent and responsible way. Security and dependableness form the basis of Telekom Austria Groups stable and successful customer relationships.The Group therefore gives top priority to protecting the integrity and con? dentiality of sensitive data. Main opportunities Enhance customer and employee trust, . . . support brand/reputation. quadruplet companies hold that they have a responsibility to protect the data they gather from Internet users Relational two companies recognize that customers have a desire for privacy that needs to be met Four companies view privacy protection as a means to winning customer trust InstrumentalOne company states that it expects to gain a reputational advantage from its privacy program .. that have implemented the second highest number of privacy measures occupy ranks 77, 87, and 173 on the Fortune Global 500 list and ranks 49, 518, and 782 on the Forbes 2000 list, which indicates that it is not necessarily the biggest companies in the IT industries that embrace information privacy.An investigation of the relationship between the number of measures taken and space of the privacy text on the corporate website revealed a correlation of 0. 77. This suggests that text length is an indicator of how important the issue is to a company. At the analogous time, it also shows that the companies generally do not talk at length about privacy without having taken relevant measures. One category of measures pertains to the companies inborn affairs. They address processes, employee conduct, and, to a sm all extent, suppliers.The measures mentioned most frequently are the 94 r 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. Business Ethics A European Review Volume 20 Number 1 January 2011 .. Table 2 The content of corporate privacy programs Internal Physical protection of data procedural/administrative protection of data Electronic/technical protection of data covert policy concealing is part of the code of conduct Privacy of? e(r) Privacy board/working group Employee training Disciplinary action for employee misconduct Privacy newsletter for employees Employee monitoring Privacy included in employment contract Online resources for employees Ethics hotline for privacy questions Internal privacy attempt Limited employee access to data Online reporting of privacy incidents Regular review of systems and processes Regular review of privacy policy Binding third parties to privacy agreements Reviewing third-party privacy practices Privacy newsletter for customers Guidance/information for consumers Resources for parental control &038 child safety Privacy e-mail address Integrating privacy into product development Privacy blog Involving stakeholders in design of privacy policy Supporting IS education at schools and universities Publishing privacy research papers Supporting law making Supporting industry self-regulation working with industry Working with governments Working with NGOs, think tanks Political action commission (PAC) Compliance with laws Exceeding laws Compliance with Safe Harbor Compliance with GRI Privacy seal 6 2 3 15 8 7 3 9 1 1 1 1 1 1 1 3 1 5 3 5 2 1 10 5 2 8 1 1 1 1 2 1 5 6 10 1 11 1 4 1 4 79 External 30 Collaborations 25 Compliance 21 . existence of a privacy policy and privacy training, privacy being part of the code of conduct, privacy of? cers, physical data protection, and regular review of systems and processes. solely other measures taken internally were taken by one, two, or three companies each, for example measures encouraging employees to report privacy violations and to comply with relevant guidelines. Two different measures pertaining to suppliers or other third parties were identi? ed, namely that the company reviews privacy practices of those partners and that these outsiders are bound to a privacy agreement.The second category of measures contains those tell towards external stakeholders. They include r 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. 95 Business Ethics A European Review Volume 20 Number 1 January 2011 primarily guidance for consumers regarding Internet privacy. Five companies take measures that address parents concerns about their childrens privacy. In addition to providing information, companies also solicit consumer feedback on privacy matters. Two companies highlight that they have an e-mail address to which people can send privacy concerns and inquiries, and one company involves stakeholders in the design of its p rivacy policy.The inclusion of privacy considerations in product development was embraced by eight companies. Another group of measures pertain to the participation in industry initiatives and collaborations. cardinal companies mention a variety of privacy forums, centers, associations, think tanks, and institutes in which they are involved, including for example, the Electronic Privacy Group, the European Privacy Of? cers Forum, or the Liberty Alliance. few of them also state that they cooperate with other companies and governments. However, the nature of this cooperation remains un seduce, and in some places, the cooperating institutions are not even mentioned.Ultimately, a few US companies express their views on privacy legislation. As part of the measures they have taken, three companies take an active stance for either privacy legislation or self-regulation. Both of these viewpoints are visions at this point, as there is neither privacy legislation nor a functioning model of self-regulation in the United States. The two viewpoints are as follows We also believe that governments must ? nd improve ways to enforce laws against data breach, misuse and fraud, and help consumers pursue those who bilk their personal information. . . . HP was one of the ? rst companies to embrace the idea of a comprehensive U. S. privacy law. Because disparate and multiple privacy rules place a baleful burden on global companies, we support a model of industry self-regulation (as opposed to government intervention) in which innovative tools give consumers greater prize in both protecting their personal data and understanding how it may be collected and used. they comply with all relevant privacy laws. As compliance with laws is a legal rather than an ethical responsibility according to Carrolls (1979) classi? cation of corporate responsibilities, only going beyond the law can qualify as a CSR initiative. Dressing up a legal responsibility as an ethical responsibility casts doubt over the unassumingness of these efforts.In fact, one of these 11 companies has implemented no other privacy measure apart from legal compliance. There is only one company that vows to surmount legal requirements HP is pioneering an approach to the protection and responsible use of personal information. This effort goes beyond compliance with the law. Only a minority of companies have adopted the privacy standards of outside organizations, such as GRI or privacy seal programs. Stakeholder relationships The measures identi? ed above relate to a number of internal and external stakeholder groups, including employees, consumers, parents, industry, suppliers, governments, advocacy groups, and the community at large.However, the analysis of the measures does not reveal anything about the relationships with stakeholders, and in some field of studys, the stakeholder group to which a particular measure was addressed was not even mentioned. This section therefore focuses speci? cal ly on the stakeholder groups to which the companies express some form of consideration. This could be in the form of protection measures, information provision, cooperation, or merely by expressing an awareness of their stakes in privacy. In addition to an account of these overt commitments to stakeholders, a discourse analysis is used to uncover discursively constructed relationships with stakeholders. Table 3 lists the various stakeholder groups identi? d, together with their stake in privacy, the number of companies that made a commitment toward each stakeholder group, and an example of such a commitment. This table is different from the results presented in Table 2 in that it was not concrete actions that guided this analysis, but the awareness of stakeholder concerns. We ? nd that companies recognize primarily the stakes of their customers and employees, who exercise a direct and economic in? uence on the company and can therefore be labeled Even companies that do not take a st ance on the legislation vs. self-regulation debate emphasize compliance with legislation. Eleven companies state that 96 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. Business Ethics A European Review Volume 20 Number 1 January 2011 .. Table 3 Addressing stakeholder concerns Stakeholder GroupStake Primary Customers/ trade protection of 25 Users their data Employees Suppliers/ Vendors Training Guidelines 14 6 Example In order to help our customers address these issues, we have begun to develop guidance documents to help customers understand which parts of our technology may have privacy applications. We work hard to ensure that Sun employees have the information they need to apply our privacy protection standards in their work. When it is necessary for business reasons to share a persons information with third parties such as net income service providers and marketing campaign partners, we work together to ensure that we maintain the highest p rivacy standards. We met with government of? cials and regulators in all regions to understand their concerns and initiatives and to help them fully appreciate the potential implications for privacy of new technologies. We are working with other industry participants . . . to develop solutions that help us reach both of these objectives. In 2007, we formed our Stakeholder Advisory Council (SAC) comprising respected experts from a variety of nongovernmental organizations. Symantec is committed to parcel parents keep their kids cybersafe. We believe that in the kindred way that we educate our children about the risks of drugs, smoking, or violence, it is critical that we educate them about the importance of safe computing. We splatter this internal resource to offer programs that bene? t our local schools and communities. We are also in the process of implementing an employee-led education program. Secondary Government Industry protagonism groups Parents Compliance with laws e xpertise in data handling Cooperation Cooperation 6 6 3 Protection of 5 their childrens data Expertise 1 Schools/ communities . primary stakeholders according to Ansoff (1965). However, there are also companies that talk about privacy in a CSR context, but do not voice a commitment to these two primary stakeholder groups. Of the 30 companies, ? ve do not state that they do anything to improve the privacy situation of their customers and 16 do not make such a commitment toward their employees. Suppliers, who are also primary stakeholders, are addressed to a smaller extent. We can also see that the companies in the sample largely neglect their alternate stakeholders, i. e. those groups who do not directly in? uence a companys core business (Ansoff 1965).Only a maximum of six companies interact with each secondary stakeholder group, such as parents or governments. On the surface, all companies studied engage in a discourse characterized by care and concern for privacy. In particular, emotion-laden words like help, understand, respect, concern, and safe abound across all texts studied. For example Protecting our customers privacy is a priority. We understand and respect your desire to protect your personal information. And as the 24 A 7 demands of the Internet era threaten to overwhelm customers with complexity, they need trusted and reliable companies to help them make sense of technology and put it to use to make their lives better. The tone becomes even more concerned when companies address their relationship with parents and children We understand the responsibility and concern of parents who worry about their childrens exposure to inappropriate content and potentially dangerous interactions on the Web. Protecting our children . . . We believe that in the same way that we educate our children about the risks of drugs, smoking, or violence, it is critical r 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. 97 Business Ethics A European Review Volume 20 Number 1 January 2011 that we educate them about the importance of safe computing. In the second example, the pronoun we/our adds to the concerned tone by promoting a sense of collegiality and divided affection.The same is also achieved in other places, when companies use this inclusive form of we to reduce the distance between themselves and their outside stakeholders Our individual sensitivities about how our information is treated . . . are not uniform or Sun is committed to investigating and addressing the privacy challenges . . . associated with our increasingly digital way of life. In such statements, companies reduce the power distance between themselves and their stakeholders. The inclusive we is also an indicator of positive politeness (Brown &038 Levinson 1987), indicating how writers conceptualize their audiences and what kind of distance writers create between themselves and their audience.While some companies use the inclusive we, others talk about companies in general, e. g. all businesses are responsible for . . . , which includes themselves only implicitly and distances themselves from these events. Mostly, though, companies make themselves the causal agents we must address these concerns by helping to protect . . .. Notably, one company draws its audiences into the discourse by always addressing them directly, e. g. We understand and respect your desire to protect . . .. All together, the different voices present in these texts suggest that companies have different levels of self-awareness and different understandings of their role in this process.Less variety exists in the distance to the audience, which is apart from one exception not explicitly present in the discourse. This suggests that companies do not consider their CSR activities to be dialogic in nature. Another kind of discourse is found in 10 of the companies texts studied. This discourse reveals that some companies are actually concerned in ? ndi ng a balance between users privacy interests and their own business interests rather than protecting privacy unconditionally. They seek to achieve a balance between customers privacy interests and business priorities, business requirements, business needs, their values, or their superpower . . . to reap the bene? ts of online interactions. Business interests are also communicated implicitly our goal is straightforward to balance the interests and concerns of our customers private information with their interest in receiving quality service and information about useful new products. Alternatively, one company mentions only one weight of the balance, without saying what the other weight is that we are prominent the right balance for our customers and to reach balanced results. The discourse of balance is a manifestation of the companies power, given that it is they who decide when this balance is reached. Interestingly, this kind of discourse has naught to do with the motivation s they express.Two companies, for example, have voiced moral motives, but also engage in this discourse of balance, as does the one company that has indicated an instrumental motive. It is also worth noting that not a single European company in the sample engages in this discourse of balance. Discussion The literature review has highlighted that users are concerned about privacy and that companies do not respond in a manner that eases stakeholder concerns. The companies chosen for this study are all active in the hardware, software, or telecommunications industries, in which data play a essential role. Thus, information privacy, and in particular online privacy, is a central issue in their business conduct.The content analysis has revealed that only a small rest of the largest IT companies comprehensively address privacy as a social responsibility. In the sample, we ? nd both companies that have taken a number of relevant actions to address user privacy and companies that have only taken one or two concrete measures, but nevertheless present privacy as part of their CSR program. A substantial proportion of the measures they have taken fall into the area of compliance and employee conduct (e. g. guidelines, policies, monitoring, and reporting), while measures that stimulate a stakeholder dialogue or represent corporate social innovation are found less frequently.Further, some companies reveal that they seek to strike a balance between their own business interests and their stakeholders privacy needs. The sample even contains companies that 98 r 2010 The Author Business Ethics A European Review r 2010 Blackwell Publishing Ltd. Business Ethics A European Review Volume 20 Number 1 January 2011 voice moral motives for framing online privacy as a CSR, while at the same time indicating that they are interested in striking a balance between users privacy interests and their own business interests. We have also seen that some of the privacy measures are actually inten ded to ful? ll legal responsibilities rather than ethical ones.Thus, some companies in the sample voice concerns and a commitment to help, but do not take privacy to the level of an ethical responsibility (cf. Carroll 1991). At the same time, companies load their privacy discourse with emotive basis suggesting concern, commitment, and a desire to help. While this kind of language is typical of CSR messages and can almost be expected (cf. Pollach 2003), it is still in contrast to the results of the content analysis, which has shown that comprehensive privacy programs are for the most part non-existent. The ? ndings also indicate that companies have chosen a wide variety of approaches to information privacy. In fact, many of the different measures denti? ed were taken by one, two, or three companies only. Thus, little mimicry and no institutionalized practices have emerged yet. In iridescent environments, companies have a tendency to model themselves after other companies that are m ore successful or more respected. This mimicry leads to institutionalized practices that help companies to obtain legitimacy (DiMaggio &038 Powell 1983). The environment in which the sample companies operate can be characterized as uncertain, as there is no comprehensive privacy legislation as yet and privacy is, to some extent, at each companys discretion. For mimicry behavior to occur, it must be clear to the ? m that adopting a certain practice brings competitive advantages (DiMaggio &038 Powell 1983). In the case of privacy, an institutionalization of voluntary privacy practices could mean that privacy regulation is preempted. However, as not every company in the sample, and maybe in the industry as a whole, is pro self-regulation, some companies may decide not to adopt privacy practices voluntarily, despite the fact that they care about user privacy. Privacy may be on its way to mature from the ethics/compliance focus to a more responsive, proactive focus, but at the moment, it plays a minor role as a CSR. This point is also re? ected in the ? nding that companies address primarily consumer oncerns and step up employee training, while all other stakeholder groups in privacy play a subordinate role. Companies may not have recognized the bene? ts to be gained from engaging with secondary stakeholder groups, e. g. from cooperating with industry partners. At the same time, companies may have been too occupied with implementing privacy standards internally, so that their privacy efforts do not involve secondary stakeholders as yet. These internal compliance measures are clearly the sine qua non for a companys external privacy activities, such as participation in industry initiatives. This study is not without limitations. One clear limitation is that the data stem from corporate selfreports, which are problematic (cf.Podsakoff &038 Organ 1986) in that they are based on what the company reveals rather than what is actually true. This could mean that companies hyperbolize their activities. At the same time, companies may not have mentioned the particular measures they have taken, because they did not consider them important enough. 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Thursday, January 24, 2019

Coachella

Coachella One of my favorite pillow slips is the Coachella Music Festival, a music fans eventual(prenominal) adventure. My friend Isaac and I had figurened our trip for months. The event was two days, secernate up because of the hundreds of bands playing. We bought our ticket months in advance for one day. The cable system-up for that day was amazing. The line up consisted of Radio Head, Pixies, Kraftwerk, Rapture, Death Cab for Cutie, and many more. If you love alternating(a) music, this is it. We also had planned to stay the night, so we pre-booked a room in hotel nearby.Our destination was Indio California, near Palm Springs. The drive from San Jose to Indio was about 427 miles. We headed out earlier morning, stopped a couple times to use the restroom and refuel. drive on Highway 10, was mostly desert. The simply interesting configurations worth gazing were the observable white wind mills. Hundreds lined up, across acres of desert land. rough of the giant windmills prop elled with the slight dry wind. We fin solelyy had arrived and it felt like we stepped into a depleted tropical land. Luckily, the hotel we stayed in included a swimming pussIt was the day of the event, so we do sure to dress accordingly. We also made sure to bring plenty of water. The parking area was a hugger-mugger scrabble of vehicles. The walk to the gates was a good 10 minutes. This was only the beginning this event was spread out onto 90 acres. No wonder, GoldenVoice (Coachella Organizers) held event in this location Empire Polo Club. The first idea that came to mind was to plan our day according to music events itinerary. A mass of 100,000 people would be diverged among the Polo Fields.Coachellas map out of event accommodated all with multiple stages, international food stands, alcohol and beverage stands, in door lounges to cool off, numerous tents with DJs, art installations, Coachella souvenir stands, porta potties in large quantities, ATMs, Security, and outgrowth A ide stands. The lines were a quarter mile long, or more for all stands. At this point, my friend Isaac and I decided we would cool off with a Heineken. Next we took our place in line to get a routine to eat. Of course everything is overpriced, since it is a music concert.

Tuesday, January 22, 2019

Philippines: The jejemon fever Essay

Whats the school texting bang-up of the world? Its the Philippines. Wherever you set your eyes in the streets, in schools, in malls, you abide hang various people giving more than attention in pressing the keypads of their phones. Its been a habit for approximately of us Filipinos that on our leisure metre, we sp give the sack it through texting. Admit it that so far during class discussion some teachers and students usually look at their phones to see if someone had texted them. Texting here in the Philippines ahead was so single. We just cut back the words by sometimes omitting the vowels until a new style of texting was introduced and use the jejemon way. Jejemon is a collective term for those persons who use a different charitable of spelling and pronunciation on our slope and Filipino words oddly when texting. They be peculiar with their clothes.The term jejemon actually came from two words jeje and mon. Compared to us ordinary Filipinos, jejemons have a differen t manner of come up toing. They also have a unique first principle called the jejebeth. It is quite different in our face alphabet be yard it contains both letters and numbers on their alphabet. They dont fountainhead the grammatical incorrectness of their sentences. It is genuinely hard to read a text message of a jejemon. You would need minutes or level(p) hours to generalise what they are trying to say. Its like it still need to trace these sentences to fully understand them. Like a jejebuster, Filipinos should stop too ofttimes exposure of this language to the c stomachness especially now, even Grade 5 or Grade 6 students in elementary are already exposed in mobile phones and are so much gunstock of texting. Even before the dominion of jejemos, spelling of words is so much affected already by our simple way of texting. Filipino texters already have a different language.Could you imagine what would happen to the progression of the youth on the English language if this rising number of jejemons continuously increase? Well, its simply a massive decreased on our adaptness in the English language especially when oral presentation and writing poems say for example. As time goes by some Filipinos who continuously use this language, the probability is for us to be fund of it that they efficacy forget the real spelling of both jejemon word using our own alphabet on the English one. It whitethorn also result to less job opportunities because upon using this language even only texting, the way we speak ca be greatly affected. in that location is a less chance for them to be hired because their interviewer might non understand what they talking about. Our English reproduction is also at sake.Perhaps, because of these jejemons, our education might be destabilized. But in fairness to the government, the Department of tuition already implemented some training to English teachers, disseminate role English books and provide remedial classes to students. Department of Education officials and workers also consecrate with the parents of our students to encourage the youth in using proper English. Thousands of years ago, English was introduced to Filipino ancestors by several teachers brought by the United States by the end of the Spanish era in 1989. It was widely used until such time that it became the medium of instruction in all schools. This trend was passed on from times to generation which made Filipinos at present proficient in the verbalise language. In the long run, the Filipinos adeptness in speaking and writing using English as the medium had helped the country withdraw foreign investors to support its industry thus helping most of the world overcome hunger and poverty.This is one of the reasons why English is retained as the medium for communication next to the national language, Filipino. Perhaps, jejemon might also cause a decrease on the Philippines economy to have a great economy, we need many investors and perha ps because of jejemons, the investors we are expecting to go in the Philippines would lessen. They might be distracted on the way jejemons dress up, speak and write. They may be offended especially our American investors because its like that their language had been disrespected due to the alternations on their alphabet and would be discouraged because of our poor proficiency in English the universal language.According to the Roman Catholic Church, the cause of jejemons is fine. It will just be gone as time goes by. We cant do anything about it because it is one way of showing our liberty of expression. However, the birth of jejemons is just like the birth of bacteria. If we wont run through it at once, it will multiply as fast as it could until it is already countless same when a person has a cancer at stage 1, could you like this to reach stage 5 or would you be cured _or_ healed it at once. Since, there are still so many Filipinos especially Filipino texters who are not yet so much influenced by this new style of texting, we could still stop the domination of jejemons.Filipinos should not allow it to reach its final stage wherein almost all, including the old and young speak and write words in a different way from what we are grown up with. Our national language Filipino is our identities. Jejemons worsens further our English proficiency today. Because of being popular, it is readily accepted by the youth which is very alarming. It influences a big part of our society where language means a lot. The distraction it creates on the technicalities of proper writing and forms of communication. This should be stopped before the worst thing happens this is the passing of this form of informal language to the future tense generation.

Saturday, January 19, 2019

Qualitative Researd

Peaceful intercept of vivification Theory This paper is written to raise Corneila Ruland and Shirley Moores Peaceful End of keep Theory and its examination on promoting positive outcomes for patient roles and their families during the expiry process. Also, examine how the surmise is understood in the Christian view as hearty as viewing ethical principles. As a Critical upkeep nurse I carry on for the dying patient alby and large on a daily basis. During this process, I not only want to c ar for the dying but, I want to learn how I can lighten the hassle and heart break of the family.During my study of Theory and Ethics, I spy Cornelia M. Ruland and Shirley M. Moores Peaceful End of Life Theory. This theory shows how theory addresses the holistic care required to support a cool discontinue of breeding. I found this theory to be useful by be discharge of the suffering of distress, providing comfort, paying attention as a human being, having quiescence and by being with those who care. (Martha Raile Alligood, PhD, RN, ANEF, Ann Marriner Tomey, PhD, RN, FAAN, 2010). Ruland and Moore theorize that with easing fears of closing, it can be a pacifist(prenominal) shutting of conduct event.Not just by providing daily needs and toil but, overly by caring for the dying (2010, p. 754). Many factors contribute to end of life situations for all patients, families, and health care abiders. During the Peaceful End of Life Theory the standard of care is base on research in areas of disquiet management, comfort for the patient, nutritional needs for the patient, and relaxation needs (2010, p. 755). These factors are influenced by age, history of illness, religious values, and heath care concerns. Most of our efforts as humans are to improve our quality of life.Understanding the importance of having a amicable transition into other stage of life is right. Death is always needed and always a factor in the lives of family members facing such a stre ssful sentence. We should strive to help minimize pain and suffering at the end of our lifes journey with peace and comfort. Providing comfort is the most important part of quality care with an advanced illness. Within the peaceful EOL theory there are major concepts that are examined and reviewed by patients that are in the dying process. EOL care focuses primarily on comfort when a cure is no longer possible.Also, being free of pain is mostly the central part of many patients going by means of the EOL experience. A give-and- exact plan should take place when a patient is experiencing pain. Becoming pain free is one of the major concerns of concourse dying (Dunn, 2001). To have peace with yourself and your loved one, you must distinguish your pain from their pain. Showing respect and having self-respect helps the patient feel that they are still loved and cherished as individuals. Having peace with the purposes they have made and the outcome helps the patient transition all over into the EOL concept.I feel that if a patient is not at peace with death and dying then it perplexs it extremely hard for the family. If a patient is having no worries or fears to leave this earth, then they are physically repair, psychologically ready and spiritually ready to face the end of their life. The last concept to trounce about is being close to their families in a trying time (2010, p. 756). Feeling at peace and having closeness to others helps the patient transition peacefully which could be the scariest part of dying. During any point of illness patients and families need to be prepared emotionally and spiritually for death (Dunn, 2001).Ruland and Moore identified six notional assertions for the peaceful end of life theory that include monitor and administering pain meds, encounterting family involved in decision making regarding decisions that need to be made for the patient, relieving physical discomfort by encouraging rilievo periods, relaxation, provide s upport to the patient and family members, encourage family participation with patient care and last, monitoring the patients comfort, haughtiness and respect (2010, p. 757). Critique Clarity In the peaceful end of life theory all of its theory has been covered and has clearly been understood.The guess of the theory, that providing comfort for the patient allows a better transition into the stages of the end of life to supporting the family through difficult times shows how the concept varies in various degrees, but are all important to the theory (2010, p. 758). Simplicity The EOL theory has been described as one of the higher levels of middle range theories. It focuses on what is important to the patient at the end of life and how the patient views life. It also has several different aims and aspects on how one values the comfort and dignity throughout the rest of their life (2010, p. 59). Generality The peaceful end of life theory concept came from a Norwegian context that base d a study on the dying. The theory is based on not being in pain, the experience of comfort, having dignity and respect, being at peace, and allowing the patient to be close to significant others. This theory allows the standards to guide a person through the peaceful end of life and allows the family to respond and adapt (2010, p. 759). Empirical clearcutness Each part of the peaceful end of life concept is based on the inductive and reasonable part of guiding the practice.With the EOL theory its volt concepts measured were mixed. Its observations were based on the patient and family perceptions of their care with the decisions made during the dying process (2010, p. 760). In the empirical precision the EOL theory illustrates that the five concepts were beneficial to the patient and the family. As nurses dealing with end of life issues, we strive to take care of the personal values of the patient but, also the medical, legal, and ethical aspects of the decision process get in the way. Sorting through these issues helps to gain respect with the family.Conflicts may arise with EOL decisions, but establishing report with the patient and families helps focus on the primary values of care (G. Leigh Wilkerson, 1995). Often times ethical issues play a big role in EOL care. For example, withdrawing care from a mechanical intubated patient is a big ethical issue. Are we prolonging life or are we delaying death. A lot of times holding people on through mechanical ventilation is not ethical. Sometimes patients get dependent on mechanical ventilation which delays death then the family has to make decisions to withdraw care.We should respect our patients autonomy and allow them the license to make decisions for themselves. We should practice beneficence, fidelity, and non-malfeasance as health care providers. Holding on makes it harder on the patient and prolonging the inevitable (Simon, 2008). As a Christian, letting my patient die with respect and dignity would be a victory in our Saviors eyes. Life is a gift. There is a time in everybodys life that our body is not growing and healing, but failing. This is when we enter into another phase of our life. Having a peaceful end of life is choosing quality for the rest of your life.Reference Dunn, H. (2001). Hard Choices For Loving People 4th ed. Lansdowne, VA A & A Publishers, Inc. G. Leigh Wilkerson, R. (1995). A Different Season The Hospice Journey. Fayetteville, AR Limbertwig Press. Martha Raile Alligood, PhD, RN, ANEF, Ann Marriner Tomey, PhD, RN, FAAN. (2010). Nursing Theorists and Their Works seventh ed. Marylan Heights, Missouri Mosby Elsevier. Simon, C. (2008). Ethical issues in palliative care. Retrieved from Oxford Journals http//rcgp-innovait. oxfordjournals. org/content/1/4/274. full http//rcgp-innovait. oxfordjournals. org/content/1/4/274. full

Thursday, January 17, 2019

Aspect Of Contract And Negligence For Business

compendThis writing is focalizeed on providing information about important principles of shoot and indifference for business. The first small-arm of the paper discusses the special(prenominal)ity of sire constabulary by dialecting details from both(prenominal) flake studies eastern Midlands Airways Airbus and a model of the generate of mobile ph champions. The second part of the paper provides information about principles of civil wrong law, as initially financial financial obligation in civil wrong is contrasted with incurual indebtedness. The emphasis in the second part is on neglectfulness for business, with reference to the sheath study of powers Restaurant and a guinea pig involving Angelina and Christian Aucti superstarers.IntroductionIn the bea of law, numerous aspects should be assumption importance. The issue of contract and neglectfulness for business has received substantial attention in the field of judicial practice. This paper is divided in to two major parts covering issues from contract law and tort law (Elliott and Quinn, 2003). In the first part of the paper, the focus is on identifying major components for the formation of a fertilizationated contract as well as assessing the impacts of contrary types of contracts. There atomic number 18 two of import(prenominal) moorage studies involved, various(prenominal)ly East Midlands Airways Airbus and the supply of mobile phones. In the part on tort law, financial obligation in tort is contrasted with contractual obligation through providing germane(predicate) examples from a baptistry study of Kings Restaurant and a flake of Angelina and Christian Auctioneers (Horsey and Rackley, 2011). resolve rightfulness reasoned ElementsIn the case study of East Midlands Airways (EMA) Airbus, it is important to identify indwelling ratified elements for the formation of a reasonable contract. There are certain major elements that indicate the sizable stick to of th e contract. They should be thoroughly considered as part of contributing to the robustness of the contract (Poole, 2012). The first sanctioned element refers to the inclusion of an offer, which indicates ones pull up stakesingness to picture into a detail bargain. In this case, an offer is made by Phil, the headsman Executive Officer of Zulu Aviation Ltd. An opposite important sound element for the formation of a valid contract is associated with word sentiency, which should indicate an agreement to the base of operations initially made. Phils offer of ?100,000 for reserving the Airbus 321 has been accepted by Joseph, EMAs Managing Director. The terzetto signifi give the gatet legal element showing the validity of the discussed contract is the accessibility of a legal subprogram (Knapp et al., 2012). It is wanton that the contracts purpose is legal because it is based on the sale of a second-hand Airbus 321.Furthermore, mutuality of obligation presents a situation in w hich both parties ensure mutual sense to the designateion and form of their agreement. In different words, a common presentiment is that the parties need to agree to the same thing, which is described in the same manner, and at the same time. These legal conditions have been met by both Phil and Joseph. Consideration indicates another(prenominal) inbred element for the formation of a valid contract (Poole, 2012). Legal binding unavoidably to be supported by valuable and real friendliness. In the case study of EMA, Phil ensures his consideration by take ining that he provide pay ?100,000 to EMA if the latter portends not to sell the Airbus 321 to another buyer for the arrest of quintuplet long time. The importance of these components reflects in the validity and legality of the contract to be established, and if any(prenominal) of these conditions are non-present, it is virtually impossible to form a valid contract (Knapp et al., 2012).Impacts of Different Types of si gnaliseWhen discussing the specificity and implications of contract law, it is important to consider the impacts of different types of contract, such(prenominal) as bilateral and unilateral contracts, express and implied contracts, vacuum cleaner and va idlercyable contracts, and exceed change contracts (Hillman, 2004). Bilateral contracts are commonly used in day-to-day life, as they represent an agreement surrounded by at least two undivideds or groups. Unilateral contracts are associated with an natural action undertaken by one individual or group alone, as this type of contract allows only one individual to involve in making a specific visit or agreement (Elliott and Quinn, 2003). In express contracts, a promise is stated in a clear language, while in implied contracts, the focus is on presenting behaviours or actions which lead parties to believe that a certain agreement exists (Hillman, 2004). ward off contracts are contracts that tooshienot be obligate by either ships company. According to law, vacancy contracts are perceived as if they had never been established. The main aspect of unemployed contracts refers to a situation where one of the parties performs in an illegal manner (Hillman, 2004). Therefore, void contracts cannot be leaseed under the law. An example of void contracts can be be in Dickinson v Dodds 1876, where thither is only an offer made and was intend to be an offer solely because it did not settlement in any legally binding agreement. There was no consideration ensured or promise and thus was judged non-binding. Although in the case of Shuey v US 1875 the revocation is bighearted as the offer is, the type of offer is considered non-binding. On the other hand, revokable contracts are based on enforcement and hence they are valid (Elliott and Quinn, 2003). In general, only one of the parties is legally define to such contracts. Yet, the unbound troupe has the right(a) to cancel the contract and thus the contract automatically becomes void (Knapp et al., 2012). This implies that voidable contracts represent valid, legal agreements.Distance selling contracts refer to the main responsibility assumed under the law to protect consumers while they conduct shopping activities online. Such regulations in any case occur in situations where consumers enter into other contracts, as they are at a distance from the supplier (Hillman, 2004). superfluous protection is ensured to customers on the basis that they are unable to meet direct with the supplier and check the quality of goods and services that are offered for sale. Distance selling regulations have been enforced in the UK since 2000, but it is essential to note that they are in relevant to contracts amidst businesses (Elliott and Quinn, 2003). The main legal effect of these regulations is that they enable consumers with the right to receive accurate and proper information about the supplier, including the products and services that are provi ded for sale. In addition, consumers tend to receive a written confirmation of such information, which makes the regulations credible. There is similarly a cancellation period of seven working days in which consumers have the right to withdraw from the contract. Individuals receive protection from different forms of fraud associated with the option of using payment cards (Knapp et al., 2012).Case arena of EMAIn the case study of EMA, the focus is on de enclosureining whether the two parties have organise a valid, legal contract. As previously mentioned, the parties applied each of the essential legal elements for a valid contract, including offer, acceptance, legal purpose, mutuality of obligation, and valuable consideration. The equipment casualty of the contract between EMA and Zulu Aviation Ltd are clearly specify. However, it can be argued that the type of contract presented by the two parties is express considering that the promise for forming a legally binding agreement h as been stated in a clear language verbally, via phone (Poole, 2012). Despite the precise form of the binding procedure, the validity of such express contract is apparent. There are austerely claimed promises on the behalf of both sides the first troupe needs to pay a cross amount of money to guarantee the sale of the Airbus 321 the other needs to move his promise not to sell the Airbus 321 to another buyer for the next five days. It can be concluded that such initial conditions of forming a legal contract have been met (MacMillan and Stone, 2012). Simply put, there is an offer followed by an acceptance by EMAs Managing Director. An example of the complex transaction that took place between EMA and Zulu Aviation Ltd can be found in the case of Byrne v. train Tienhoven (1880), which presents relevant inferences on the issue of revocation with regards to the postal rule. In the case of EMA and Zulu Aviation Ltd, the phone rule (considering the phone conversation between Phil and Joseph) whitethorn not book in revocation. In other words, while a phone conversation to arrange a contract may scarce indicate a valid acceptance, it is most likely that the court will rule that it does not count as proper and valid revocation (MacMillan and Stone, 2012).Moreover, there is a stated legal purpose that legally binds both parties to form a valid agreement. They are focused on tutelage their promise, which is an initial requirement for the establishment of a legal contract. It can be indicated that the objective of the contract between EMA and Zulu Aviation Ltd is to achieve a legal purpose. Thus, the condition of a creating a purpose for the existence of a binding contract has been applied in the case (Poole, 2012). The mutuality of obligation is also evident considering the motifs and promises ensured by both sides. There is a strong sense of mutual understanding on the behalf of each party regarding the expression and specificity of their agreement. In addition , there is an objective standard being applied in the case in term of determining what the parties have precisely said in the butt against of forming their agreement (Knapp et al., 2012). The position that the offer is clear and definite is revelatory of both parties acceptance of the legal injury outlined in the offer. There is a valuable consideration illustrated in the dictation of Phil, who is ready to pay ?100,000 in case EMAs Managing Director fulfils his promise. Therefore, this case study illustrates the application of an express contract law (MacMillan and Stone 2012).Implications regarding the Supply of Mobile PhonesThe only specified term in the contract between Key Services enterprise (KSE) Ltd and Unique Mobile Solutions (UMS) Ltd is that of the provision of 500 mobile telephones, which are fitted for use in the UK. The court will clear up these types of contractual terms as intermediate or innominate terms (Poole, 2012). The status of these terms is not clearl y defined, as their significance lies between a condition and a warranty. Innominate terms were established in the case of HK Fir Shipping v Kawasaki Kisen Kaisha 1962, where the defendants chartered a ship for the duration of two years from the plaintiffs. In the agreement established between the two parties, there was a specific clause indicating that the ship was suitable for performing cargo service. Due to problems with the engine, 20 weeks of the charter were lost and thus the defendants were entitled to bring an action for restitution for breach of contract on the grounds of the clause specified in the agreement (MacMillan and Stone, 2012).Under the linguistic context that the use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal, the court will fall apartify this term as legerdemain or a false argument made by the mobile phone seller regarding the use of the products. As in the case of Gordon v Selico 1986, it is possible to make a misrepresentation by words or by conduct. However, it should be considered that representation is not a term. Moreover, the telephones supplied required tuning to occurrence frequencies, a task victorious two minutes for each one. This aspect also indicates the presence of innominate terms (Knapp et al., 2012). However, under the circumstance in which the chief executive officer of KSE signed the contract with UMS, there is no reference to any other document. In addition, KSEs CEO accepted the receipt of the transaction without reading it, which represents a serious defect that can be identified as neglect in true(a) terms. The harm caused by the decision of KSEs CEO to sign a contract with UMS is as a result of his circumspectionlessness. There is a also-ran to behave with the proper level of occupy required for the described mountain (Poole, 2012). On the back of the receipt provided by UMS, the statement can be classified by the court as an excommuni cation clause because the supplier of the mobile phones has directly excluded indebtedness for contractual breach.In an attempt to die the exclusion clause as a term under the circumstance in which KSEs CEO accepted the receipt without reading it, specific implications can be drawn. As a term in a contract, an exclusion clause indicates the purpose to limit or restrict the rights of the parties bound to the contract (Hillman, 2004). A true exclusion clause, as in the case of UMS, recognised a potential breach of contract, and then serves as an excuses obligation for any potential breach. Therefore, it can be concluded that an exclusion clause was incorporated into the contract with KSE. The effect of this term in the contract should be evaluated on the basis of incorporation (Elliott and Quinn, 2003). This means that UMS has actually incorporated an exclusion clause by signature (at the back of the receipt of the transaction provided to KSE). The fact that KSEs CEO accepted the r eceipt and signed it means that the respective clause is considered part of the contract. Yet, the party representing the clause, UMS, has not taken any logical steps to bring it to the close attention of the second party in the contract (MacMillan and Stone, 2012).Applying the legal controls that the court would use in assessing the validity of the term in the contract should refer to principles of strict literal interpretation and contra proferentem (Hillman, 2004). In order an exclusion clause to operate, it needs to cover the breach with an self- reliance of a potential breach of contract. In case there is a breach of contract, the specific type of obligation which is emerging is also relevant in the process of interpretation by the court. There is strict liability involved, which arises as a result of a state of affairs in which the party at breach is not necessarily identified as responsible for the fault (Smits, 2005). However, the court needs to consider the case of liab ility for default, or in other words, liability arising as a result of fault. A common tendency demonstrated by the court would be to require the party which relies on the clause to have drafted it adequately in order to result in a situation where that party is exempted from the liability arising (Cauffman, 2013). In the presence of ambiguity, as it might be in the case of KSE and UMS, the court would most probably apply the legal control of strict literal interpretation against the party which extensively relies on the exclusion clause in the contract.In the process of assessing the validity of the exclusion clause in the contract, the court may also apply the legal control of contra proferentem (MacMillan and Stone, 2012). In case ambiguity persists even after attempts have been made to check an exclusion clause with regards to its natural meaning, the court may decide to apply a rule identified as contra proferentem. This term implies that the clause needs to be construed agai nst the party in the contract that imposed its initial inclusion, respectively UMS. In the context of negligence, the court would most probably take the flak that a party would enter into a contract that permits the second party to evade fault based liability (Cauffman, 2013). fair play of TortLiability in Tort and contractual LiabilityWhile discussing certain implications of liability, contrasting liability in tort with contractual liability is important. All activities initiated by individuals as well as organisations are regulate by law. Tort law represents a branch of the civil law, and it should be considered that any dispute in civil law is usually between private parties (Horsey and Rackley, 2011). As indicated in the previous section, strict liability illustrates a solid legal doctrine according to which a party is held responsible for the reparation resulting by his or her actions. Strict liability is also applicable to tort law especially in cases involving product liab ility lawsuits (Okrent, 2014).In the context of tort law, strict liability refers to the process of imposing liability on a party or individual without a particular finding of fault. In case fault is found, the court would picture a situation known as negligence or tortuous designing (Hodgson and Lewthwaite, 2012). As a result, the plaintiff would need to prove the occurrence of the tort and the implied responsibility of the defendant. The objective of strict liability is to discourage any forms of rash behaviour as well as irrelevant product tuition and manufacturing. Therefore, liability in tort refers to the trading of care along with the negligence of that duty. On the other hand, contractual liability is associated with a situation in which two or more parties promise specific things to each other (Okrent, 2014). Liability in tort and contractual liability are resembling in the point that they are both civil wrongs, and the individual wronged sues in the court in order to obtain compensation. However, the main difference is that in a claim related to liability in tort, the defendant may not have been involved in any previous blood or transaction with the claimant. On the contrary, in a claim of contractual liability, the main condition that should be met is that the defendant and claimant should be the parties representing the contract (Hodgson and Lewthwaite, 2012).Case Study of Kings RestaurantIn an attempt to analyse the situation described in the case study of Kings Restaurant, it appears that it should be considered on the basis of tort of negligence. The claimants in this case, Carlos and Janet, need to prove certain elements to the court so as to provide a valid proof of negligence and claim damages (Okrent, 2014). These elements refer to proving that the restaurant owed them a strict duty of care the restaurant breached that particular duty of care and Carlos and Janet suffered damage resulting from the breach. The notion of the duty of care was established in Donoghue v Stevenson 1932 in which the court enforced the decision that an individual may sue another person who caused them exit or damage even in the absence of contractual relationship. Yet, in the case of Carlos and Janet, it needs to be considered that even if the court proves negligence, the restaurant may have a defence that protects it from liability, or decreases the precise amount of damages it is liable for (Horsey and Rackley, 2011).Hence, it can be argued that there is tortuous liability action against the restaurant. There is a breach of a statutory duty in Kings Restaurant case study, as the direct emergence was harming a person, which gives rise to tortuous liability for the restaurant towards Carlos and Janet under the legal doctrine of negligence (Christie et al., 1997). However, the victim should be identified in the class of individuals protected by the canon. Another important condition related to the victory of the tort suit is that the injury should be of the specific type that the statute intended to prevent. Thus, the claimants need to prove their claim on specific chemical equilibrium of probabilities. It is also important for Carlos and Janet to show that the damage suffered is not quite out-of-door from the breach (Horsey and Rackley, 2011). It should be assumed that a duty of care existed in this case because Kings Restaurant is identified as an award-winning and very expensive English restaurant, which directly brings the conclusion that the services provided by the restaurant should be at a superior level. The standard of care should be determined through expert testimony and through the consideration of applicable, professional standards in the industry. The harm in the case is mostly corporeal, which makes it a sufficient claim for negligence. The problem in the case study can be resolved if Carlos and Janet definitely consider the option of claiming tortuous liability against the restaurant (Christie et al., 1997).Case Study of Angelina and Christian AuctioneersIn this case, the legal principles of tort of professional negligence misstatement and vicarious liability can be applied. The tort of professional negligence misstatement refers to representing a fact, which is improperly and carelessly made. This claim is usually relied on by another party and results in their disadvantage (Hodgson and Lewthwaite, 2012). Vicarious liability presents a doctrine according to which an individual is responsible for the actions of another person because of a special relationship available between the parties, such as the one between an employer and an employee. Angelina has rights and remedies against brad and Christian Auctioneers in connection with the incorrect advice given to her about the worth of the painting (Okrent, 2014). In the case, Angelina relies on the other party for their expertise, knowledge, and judgment. Moreover, the person who provided advice to Angelina, Brad, knew tha t the other party was relying on him and his judgment about the painting. It can be also argued that it was reasonable for Angelina in the presented circumstances to rely on Brad and Christian Auctioneers. Brad on the behalf of his organisation, Christian Auctioneers, has given a negligence misstatement regarding the paintings value. His judgment was personal rather than professionally based (Hodgson and Lewthwaite, 2012).Angelinas rights against Brad and Christian Auctioneers are based on the premise of the special relationship established between her and this organisation. In the process of examining the special relationship concept, an example can be observed in the case of Shaddock &038 Associates PTY Ltd v Parramatta City Council 1981, in which a scrutineer acting on behalf of Shaddock established contact with the Parramatta City Council to anticipate advice regarding the potential impact on a property as a result of road widening proposals (Okrent, 2014). The council employee s gave the solicitor a negligent misstatement, and as a result, Shaddock purchased the property and significant losings have been suffered. When applying the law in the case of Angelina, duty of care should be established in order to claim for negligence. It is important to consider the question of whether it was reasonably predictable that the actions of Brad and Christian Auctioneers would cause harm or loss to Angelina. Furthermore, it is essential to establish the presence of a physical or factual radio link between Angelina and Brad and Christian Auctioneers. It can be deduced that their relationship was physical considering that Angelina approached the company to give her a valuation of some antique piece of furniture present at her flat (Christie et al., 1997). The court would also need to determine the vulnerability of the plaintiff, and it can be indicated that the vulnerability to Angelina was high because she was relying on Brad and Christian Auctioneers for their prof essional advice in order to make a sound decision (Horsey and Rackley, 2011). The court would need to consider the actual damages caused. Considering that Angelina sell a valuable painting of Rembrandt for only ?100 is indicative of the losses she suffered due to the incorrect advice given to her.Moreover, the principle of vicarious liability could also refer to this case (Horsey and Rackley, 2011). Vicarious liability is applicable because liability is attributed to Christian Auctioneers that has a responsibility for its employee, Brad, who negligently causes a loss to Angelina because of the incorrect advice provided to her. In other words, the employer is responsible for the actions of the employee. Therefore, this form of strict liability can be imposed on Christian Auctioneers due to the negligent conduct of its employees in the case of Angelina (Okrent, 2014).Possible Defences Available to Christian AuctioneersThere could be possible defences available to Christian Auctioneers . Such defences are mainly based on the assumption whether there is a contractual relationship between the parties (Okrent, 2014). An example of this aspect can be found in the case of Henderson v Merrett Syndicates Ltd 1994, emphasising a statement of responsibility by an individual providing professional services along with reliance by the individual for whom the services were provided. Therefore, in the case of Angelina, it can be deduced that there was no special, contractual relationship between the parties (Christie et al., 1997). Angelina sought a free valuation, which may imply that there would not be liability for such type of information.ConclusionThis paper discussed essential aspects of contract law and tort law. The first part of the paper focused on describing the elements comprising a valid, legal contract along with differentiating the effects of common contracts (MacMillan and Stone, 2012). Details from two case studies were provided, namely from East Midlands Airwa ys Airbus case and the case involving the supply of mobile phones. of the essence(p) issues pertaining to contract law were discussed with the application of relevant law. The second part of the paper emphasised important principles of tort law by differentiating liability in tort and contractual liability. Negligence liability was discussed with regards to the case study of Kings Restaurant. Specific details about tort of professional negligence misstatement and vicarious liability were provided in the case study of Angelina and Christian Auctioneers (Okrent, 2014). In conclusion, legal and business practitioners need to stay informed about valid and applicable law principles with regards to contract and negligence in order to bandage to professional standards of conducting appropriate business practices.ReferencesByrne v Van Tienhoven 1980 CPD 344Cauffman, C. (2013). The Principle of symmetricalness and European Contract Law. Maastricht Faculty of Law work Paper. Working Paper No. 2013-05.Christie, G. C., Meeks, J. E., Pryor, E. S., and Sanders, J. (1997). Cases and Materials on the Law of Torts. St. Paul, MN West.Dickinson v Dodds 1876 Ch. D. 463Donoghue v Stevenson 1932 UKHL 100Elliott, C. and Quinn, F. (2003). Contract Law. London Longman.Gordon v Selico 1986 HLR 219Henderson v Merrett Syndicates Ltd 1994 UKHL 5Hillman, R. A. (2004). Principles of Contract Law. St. Paul, MN West.HK Fir Shipping v Kawasaki Kisen Kaisha 1962 EWCA 7Hodgson, J. and Lewthwaite, J. (2012). Tort Law Textbook. Oxford Oxford University Press.Horsey, K. and Rackley, E. (2011). Tort Law. Oxford Oxford University Press.Knapp, C. L., Crystal, N. M., and Prince, H. G. (2012). Problems in Contract Law Cases and Materials. New York Wolters Kluwer Law &038 Business.MacMillan, C. and Stone, R. (2012). Elements of the Law of Contract. London Stewart House.Okrent, C. (2014). Torts and Personal Injury Law. New York Cengage Learning.Poole, J. (2012). Casebook on Contract Law. Oxford Oxford University Press.Shaddock &038 Associates PTY Ltd v Parramatta City Council 1981 HCA 59Shuey v US 1875 92 US 73Smits, J. M. (2005). The Principles of European Contract Law and the Harmonization of buck private Law in Europe. Maastricht University Faculty of Law, pp. 567-590.