Case Study Claim For Damages In Negligence Scenario Law Essay

Case Study Claim For Damages In Negligence Scenario Law Essay In seeking to effectively advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario for negligence, it is necessary to look to deal with the evidentiary aspects that are considered to be involved with the claim. As a result, this will involve looking to provide for recognition of the evidence that both Steve and Tina would be required to present (including any particular witness evidence) related to the need for there to be a recognised duty of care that was breached that was proximate leading to a recognised harm in fact so as to then be able to serve to substantiate each of their claims as they arise. Moreover, there is also a need to look to comment on as to how successful Steve and Tinas claims would be in looking to take account of the evidence that is available along with any defences that may possibly be levied on the facts. With this in mind, this means that it is necessary in advising Steve and Tina to look to analyse the facts as they are presented and give reasons for the view that is given whilst also referring to any relevant case law and/or legislative provisions as and when and where they are considered to be applicable in relation to each of the points made individually and collectively. Finally, this essay will look to conclude with a summary of the key points that have been derived from this discussion with a view to then advising Steve and Tina with regard to as to whether they have a claim/claims for damages arising out of this scenario as it is presented on the facts. First, with a view to effectively advising Steve and Tina, there is a need to show an understanding of the fact that, whilst the burden of proof in a given case is dependent upon the circumstances that lead to the particular claims arising on the facts. However, in the case of civil actions for damages, such as those arising on the facts of this scenario that Steve and Tina are now looking to claim for, the burden of proof normally falls upon the party that is affirming something to be the case (i.e. Steve and Tina) and not upon the party that is looking to make a denial (i.e. the other parties that are involved on the facts).  [1]   Nevertheless, it is also to be appreciated that, by majority, the House of Lords recognised in the case of Re H Others  [2]  that, the more serious an allegation was that was made on the facts, the less likely it was going to prove to be true so there was a need for stronger and more weightier evidence to be provided to prove it in the circumstances. On this basis, the legal burden falls upon Steve and Tina for establishing the essential elements of their respective claims for damages for negligence on the basis of the facts of this scenario and advise Steve and Tina accordingly. Therefore, Tina and her husband Steve (who was driving) were going along a lane in the country one summers evening at 8.00pm beside North Berwick to their favourite restaurant The Crusty Crab for a meal whose entrance is also an exit and consists of a very sharp blind bend that is used by both goods and customer vehicles. The problem is that as Steve approached the entrance to the restaurant car park at The Crusty Crab, he slowed down, but confidently took the bend worried that they would be late for their table booking since they were concerned that it might be given away but, as he entered the restaurant grounds, he collided with a large Heavy Goods Vehicle (HGV) that was reversing out onto the lane. Therefore, in advising Steve and Tina regarding their claims for negligence against the other parties involved on the facts and the evidence as it stands, it is to be appreciated that the recognition of a duty of care is ostensibly a legal obligation that is usually placed on an individual like Steve (who was driving), the HGV driver, the owners of The Crusty Crab, and Dr Bill so they must adhere to a reasonable standard of care to avoid foreseeable harm to others. This effectively means it is for the plaintiffs (i.e. Steve and Tina) to articulate a duty of care which one or more of the defendants has breached to proceed with a negligence claim because breaching a duty of care may subject them to liability.  [3]   In addition, there is also a need to articulate what is understood in relation to evidence of the duty of care in the claims brought against the defendant in any given case who is found to be in breach of such a duty of care in the event their conduct has fallen short of the standard they were expected to meet respectively in the circumstances. Generally, any defendant like Steve, the HGV driver, the owners of The Crusty Crab needs to provide evidence with a view to then meeting the standard of what is considered aspirational for a reasonable man  [4]  fundamentally revolved around the idea the standard of objectivity expected is based on what could be expected of a reasonable person because perfection cannot be expected.  [5]   On this basis, it is necessary to advise Steve and Tina that there will be a need to consider whether Steve and the HGV drivers actions are in keeping with the actions of reasonable people on the facts and also as to whether the owners of The Crusty Crab were reasonable in having a blind entrance and exit used by both customer and goods vehicles. Ostensibly, Steve and Tina will be advised that the court must first consider what the defendants knew so that the witness statements of the parties will become of great significance because, to illustrate the point, it was found in the case of Roe v. Minister of Health  [6]  that a defendant will only be liable if a reasonable person would have also foreseen the loss or damage in the circumstance. However, it is also to be appreciated that the eggshell skull rule recognises a victim of harm should be taken as they are found so if they have a particular unknown defect that makes them more susceptible to injury than the person inflicting the injury can still be held liable.  [7]  In addition, it is also necessary to advise Steve and Tina in relation to the degree of risk because it has come to be understood that the greater the risk that is involved with a particular activity, the greater the precautions that were needed on the facts.  [8]   This effectively means that it will have been necessary to look to see whether the entrance and exit at The Crusty Crab was effectively delineated in view of the fact that it was a blind turn, as to whether the HGV driver had his warning lights on and reversing warning system enabled and was also driving slowly and with due care and attention. More importantly, however, there is a need to note that the driver of the HGV actually had what is considered to be adequate turning space on the evidence of the facts as they stand to turn the vehicle in the car park of the restaurant as opposed to reversing out so that he would have had more awareness of other road users in the way that most other people would have done when faced with the same situation. Similarly, Steve and Tina need to be advised that, when looking to enter the car park, it is open to question as to whether Steve was driving with due care and attention and was looking to enter the car park at The Crusty Crab on the basis of the facts as they stand here. It is then necessary for the court to look to consider how practical these precautions were in advising Steve and Tina since, for example, in the case of Wilson v. Governor of Sacred Heart Roman Catholic Primary School  [9]  a primary school was deemed not negligent for not employing someone to supervise the playground after the close of school hours so the test for how practical precautions are is about looking to strike a balance of reasonableness of precautions against foreseeable injury. Moreover, there is a need to evaluate the social importance of a defendants activity because in the event that a defendants actions are deemed socially useful they may then be considered justified for taking greater risks  [10]   although that is unlikely to be the case here. Finally, in effectively advising Steve and Tina there is a need to evaluate as whether there is any common practice in relation to the acts and omissions of each of the given defendants on the evidence. This is because it has been recognised that, in the event that a defendant in a given case is found to have complied with common practice in their activity, they will usually be considered to have met a reasonable standard, unless the court considers the practice negligent.  [11]   At the same time, however, in advising Steve and Tina with regard to the claims brought there is a need to consider the matters of proximity and remoteness in relation to whether there enough evidence to show the events transpired are considered sufficiently related to a legally recognisable injury to be its cause through the consideration of causation in terms of the but for test and proximate cause. The but for test is on the fact a defendant will only be liable where the claimants injuries would not have occurred but for their negligence i.e. the HGV driver, the owners of The Crusty Crab, and Stevel although the defendant will not be deemed liable if the damage would, or could, on the balance of probabilities have occurred anyway because the loss or injury sustained by Steve and Tina must not be too remote to ensure any liability is fairly placed on the right defendant.  [12]   Therefore, the issue of causation in relation to Steve and Tinas claim for damages for negligence primarily relates to the causal relationship between conduct and result to connect conduct, complete with actus reus, with the resulting harm  [13]  in a concerted effort to produce results that are generally considered to be both just and fair in their nature.  [14]   Steve and Tina also need to be advised with regard to as to whether Dr Bills activities as a third party in providing the couple with medical treatment at the hospital effectively serves to break the chain of causation regarding the acts of the other potential defendants. With a view to making a decision, this is largely dependent upon whether the intervention in question was foreseeable with the general rule being that the original defendant will be held responsible for harm caused by a third party so long as it was a highly likely occurrence.  [15]  In advising Steve and Tina in this regard there is a need to consider whether there is a Novus Actus Interveniens (i.e. a new act intervening) and is thus considered a general defence in the law of tort. This is because a third partys act (like that of Dr Bill) will serve to intervene between the original act or omission and the damage produced as a result, unless that original act or omission is still considered the main contributing factor to the damage because the act of the third party had no impact upon the events as they unfolded.  [16]   This is because this could amount to a third partys inadvertent contribution since, for example, in R v. Cheshire  [17]  the victim was shot and taken to hospital where he suffered pneumonia and other respiratory problems and was placed in intensive care where he was given a tracheotomy but still later died. The court found there was an element of medical negligence because the tracheotomy the patient had been given caused a thickening of the patients tissue leading to his suffocation. As a result, Lord Justice Beldam established the following test that recognised Even though negligence in the treatment of the victim was the immediate cause of his death, the jury should not regard it as excluding the responsibility of the accused unless the negligent treatment was so independent of his acts, and in itself so potent in causing death, that they regard the contribution made by his acts as insignificant.  [18]   At the same time, however, in effectively advising Steve and Tina it is to be appreciated that, whilst there may have been an element of contributory negligence related to Steves injuries (in the accident he sustains whiplash injuries to his neck and bruising to his chest caused by the impact of his seatbelt) if the evidence shows that he was failing to fulfil his duty of care to drive with due care and attention in the interests of his passenger (i.e. Tina) and other road users (i.e. like the HGV driver), Tina may also have contributed to her own injuries. This is because of the fact that, seconds before the vehicles collided, Tina took off her seatbelt in anticipation of getting out of the car quickly to rush into the restaurant because of being late for their reservation so as to sustain similar, but more serious, whiplash injuries to Steve. As a result, as a victim, Tina effectively contributed to her own injuries illustrated by the decision in the case of R v. Dear.  [19]  In this case on the facts a man, believing the victim had sexually interfered with his daughter, attacked the victim with a knife. The defendant then argued the chain of causation had been broken because the victim later committed suicide so it became necessary to determine whether the injuries inflicted by the defendant were a significant cause of, or contribution to, the victims death. Nevertheless, as to whether the resumption or continuation of that bleeding was deliberately caused by the victim, the defendants conduct remained the most significant cause of death.  [20]  . As for the matter of Steve and Tina being taken to the local hospital, Steve and Tina also need to be advised in relation to their treatment by a junior doctor, Bill, (inexperience is no defence so a junior staff member should always seek help from a more experienced staff member  [21]  ) who has just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by the Chairman of the Acupuncture Society, Dr. D. Odgy. The Acupuncture Society involves a group of doctors who support the use of acupuncture as much as possible in the treatment of common road traffic injuries and so, on the basis of the aforementioned article, Bill treats both Steve and Tina with acupuncture. As a result of this treatment, their injuries become worse so that both Steve and Tina have to return to hospital 3 weeks later to be treated conventionally when they then feel much better and recover within days. Steve and Tina need to be advised that this is effectively an example of medical negligence perpetrated by Dr Bill. This is because, as professional people, medical personnel are held ready to give medical advice or treatment so someone like Bill also impliedly undertakes they are possessed of skill and knowledge for a purpose equivalent to any reasonable practitioner and cannot be held to the same standard as an ordinary person.  [22]  This effectively means that the standard of care becomes what can be expected of a similar reasonable professional doctor like Bill a special standard of care.  [23]   Therefore, as to whether or not someone like Bill is a registered medical practitioner,  [24]  it is also to be appreciated in advising Steve and Tina that someone like Bill who is consulted by a patient is commonly considered to owe them a duty of care on the basis of the recognition of the evidence on the facts since that is what they are trained to do in exercising reasonable care and skill in diagnosing, advising and treating them  [25]  and them alone.  [26]   As a result, Steve and Tina need to be advised that a breach of this duty of care on the part of Dr Bill to Steve and Tina causing an exasperation of their personal injury claims will serve to support a claim for negligence on the facts by the patient along with some compensation for any financial loss accrued on this basis.  [27]   In advising Steve and Tina, however, there is a need to recognise that an error of judgment will not necessarily amount to a claim for damages for an act of negligence on the part of Dr Bill unless it would not have been made by a reasonably competent practitioner acting in keeping with an ordinary duty of care that is judged against the current state of professional knowledge  [28]  or where there are differing and well-established professional schools of thought.  [29]   This is because, as has already been recognised, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries. However, on the basis of the available evidence, Steve and Tina need to be advised that the treatment that was administered to them by Dr Bill will be held to be negligent. Therefore, this would serve to make him and potentially the hospital also vicariously liable as Dr Bills employer if it cannot be shown to the courts satisfaction the opinion relied upon is reasonable or responsible  [30]  unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care.  [31]   To conclude, having sought to advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario, it is to be appreciated that it has been necessary to look to consider what is ostensibly involved with a successful claim for damages for negligence against each of the defendants as they are identified on the facts. To this effect, as has already been recognised, there is a need for Steve and Tina to make successful claims for negligence on the basis of their being (i) a duty of care; (ii) with a breach of that duty; (iii) that was proximate and not too remote; (iv) leading to recognised harm in fact.  [32]   On this basis, it would seem arguable that it is possible for Steve and Tina to look to raise claims for damages for negligence against the HGV driver, the owners of The Crusty Crab restaurant and Dr Bill (along with a claim against Steve by Tina although this may be unlikely as it will most likely depend on the nature of their relationship and as to whether Tina blames him in anyway). But at the same time there is also a need to appreciate that, in advising Steve and Tina, both of them may have actually contributed to their own injuries in view of the fact that Steve may have breached his duty of care by driving without due care and attention and the fact that Tina released her own seatbelt before the car that Steve was driving in came to a halt. In addition, it is arguable that there was a novus actus interveniens in this case that only served to further exacerbate the injuries that both Steve and Tina sustained that may also serve to be a case of medical negligence. This is because, in looking to treat Steve and Tina at the hospital, Dr Bills treatment of them actually served to make their injuries somewhat worse and he would thus be considered negligent along with the hospital vicariously unless (i) there is a practice normally and usually utilised; (ii) the defendant has not adopted it; and (iii) the course of action is one that no professional of ordinary skill would have taken had they been acting with ordinary care.  [33]   The reason for this is that, as has already been recognised in the advice provided to Steve and Tina, Dr Bill had just read an article in a medical journal about a new and experimental treatment using acupuncture for whiplash injuries written by Dr. D. Odgy as Chairman of the Acupuncture Society that involves doctors who support the use of acupuncture in the treatment of common road traffic injuries and based their treatment on this.

Robbery: Flight Attendant and Officer

Robbery Tanisha Barkley, Desiree Brickles, LaTosha Call, Kimberly Clark, Robin Crumble, Tammara Dimond and Keith Dostie Everest University Introduction to Interviews and Interrogations Professor David Farrow March 16, 2013 Robbery Crime Scenario There was a diamond heist at Brussels Airport involving two suspects, one male and one female. The female had the diamonds hidden on her purse, when she passed through security. The male suspect was actually one of the pilots. The female took the flight attendant hostage until the plane was on the ground in Detroit, Michigan.The female and the male were able to get off of the plane. The two suspects were caught after they got off of the plane and trying to get out of the airport. The two suspects were the last ones to get off the plane and they did not realize that some of the passengers on board contacted the police via cell phones. Interview Preparation The suspects were identified based on the information that was given from the passengers and crew on the airplane. Since the female suspect, Alexis Johnson, took the flight attendant, Lisa Williams, hostage she could then identify the suspect in detail.Since the suspects were caught after they got off the plane and before they left the airport. The officers can set up interviews at the airport to help obtain all necessary information. In these interviews they will ask the witnesses what happened and for identification of the suspects. Before interviewing the suspects, the officers should try to obtain their background information (Gosselin, 2007). During these interviews there should be other officers that are looking at the scene to ensure that they collect all evidence and information from the plane where all this happened at (Gosselin, 2007).Interviews For the interview process of the witnesses, a structural interviewing will be used. â€Å"Structural interviewing approach builds on the traditional interview by adding the following components: rapport building, nar rative description, and an ample interviewee response opportunity† (Gosselin 2007, pg. 71). Witness: The interview for the witness, Ms. Pastor is first set up the day after, so she is able to gather her thoughts as well as get over the shock she experienced. While interviewing Ms. Pastor, she seemed more relaxed as if she only needed sleep.The interview session was set up in a comfortable space, with comfy chairs 4-6 feet away from each other with a table in the center of them. The room was painted a soft color to relax the interviewee. The first thing the officer does is ensure that she had not been injured and she is stable enough to be questioned. After ensuring her condition, the officer established a rapport by using a first name basis. Next, the officer asked Ms. Pastor if the interview could be videotaped or voice recorded. Ms. Pastor decided it would be best to go with voice recording.At this time, the officer feels that Ms. Pastor is comfortable enough to start the in terview. The officer begins to ask Ms. Pastor a series of questions beginning with personal information and Ms. Pastor seemed comfortable answering them. Next, the officer asks Ms. Pastor about what happened onboard the aircraft. Ms. Pastor stated: â€Å"I boarded that plane fine, everything was normal, I put my things above me, and sat in my seat, that flight attendants, came and asked if me and others if we wanted anything to drink or eat before takeoff.The flight attendants performed the safety procedures before the plane took off, and told us to fasten our seat belts as the plane was about to depart. As soon as we took off, a lady came out from the bathroom area, telling us to be seated and don't move or else we will get hurt. I stayed seated and kept my mouth shut, sitting there observing everything she was doing. I was amazed, a women was pulling this off. She and another man were talking up ahead where the pilots are when flying, about something in a purse. After the plane l anded they left, I guess they got what they were looking for.The man came from the front of the first class area. They met up in the center then started looking for what they came for. They tried not to talk too much but the girl was a dumb, and I guess wanted to hurry up and find it. She got the man mad and that’s when I heard them say something about â€Å"find it in the bag. â€Å"† After the interview with the witness was completed, the officer thanked her for the information she provided as well as her time. The officer also gave Ms. Pastor her contact information. The officer also informed Ms. Pastor that if she can remember anything else that she feels would be beneficial, to please call.Victim: For the interview of the victim, Lisa Williams, the officer conducted a traditional interview. The traditional interview because she is upset and the officer wants to get the immediate facts as fast as possible (Gosselin, 2007). Lisa Williams was the flight attendant wh o was taken hostage by the female suspect, Alexis Johnson. The interview room was set up in the security area, a quiet part of the airport with no disturbances, with the chairs facing each other approximately four feet apart; the officer does not sit between the door and Ms.Williams because of the assumption of her not thinking she could leave (Psychological Principles: Interview and Interrogation, 2009). The interview began with asking Ms. Williams for permission to videotape her statement, in which she agreed. In order to establish rapport, the officer and Ms. Williams agreed to address one another by using first names. The officer first began the questions regarding personal information, in order to keep her at ease. Next, the officer began to ask questions regarding what happened on the aircraft.Lisa stated: â€Å"I wasn't expecting anyone to be behind me. It was right after takeoff; she grabbed me by the back and pulled the back of the flight attendant break area. She said she had a gun. She blindfolded me and bound my hands. To cooperate I would get hurt but if anything went wrong or anything interfered with the plane landing she wouldn't hesitate to kill me. † After the interview with the victim was completed, the officer thanked her for her time and answering questions. The officer also gave Ms. Williams her contact information.The officer informed Ms. Williams that if she can remember anything that would be beneficial to the case, to please call. The officer walked Ms. Williams to meet with her family. Interrogation There were a few techniques during the interrogation of the pilot, Francis Drebin. The officer started with a subjective interview technique in order to establish rapport and to get him comfortable. The officer wanted him to think that he was in the clear and that they were friends in order to get him to open up and share information.The officer began to ask open-ended questions that allowed him to discuss his typical flight and som e of the operations that happened on a regular basis. Upon sharing the names of the flight attendants, his demeanor changed and he began to display signs of nervousness. From here, the officer’s co-investigator switched to the Reid technique for interrogation. This is a nine step technique to obtain a confession to a crime. Mr. Drebin was confronted about the facts of the case and a theme was developed on the events of the incident (Layton, 2013). He was read his Miranda Rights and officially arrested for his role in the crime.Male Suspect: From the information already provided by the witnesses and victim, the pilot of the aircraft was commonly identified by both parties. In light of the details of the incident, the officer uses the structural interviewing technique with the pilot of the plane. This way, he can discuss the narrative of the events of the incident (Gosselin, 2007). Because of the nature of the incident, the interview of the pilot was conducted in the security o ffice of the current terminal of the airport. This room was chosen because of the privacy and the comfort feel of the room. Mr.Drebin was asked if the interview could be videotaped, in which he agreed as well as including another officer in the room. The chairs were at an angle located about five feet apart from one another. Both parties agreed to use first names while conducting the interview. The officer began the questioning with asking personal information in order to keep the suspect at ease. Next, the officer asked Mr. Drebin about his flight. Mr. Drebin stated: â€Å"It started as business as usual. We were ahead of schedule. When I fly the plane, I am isolated from everyone else and only communicate with the tower.I can’t really tell what is going on in the cabin unless I am notified by an attendant about a situation through the two-way intercom. I didn’t communicate with the flight attendants or the cabin until we hit flight altitude, where I told them the le ngth of the flight. † Next, the officer asked Mr. Drebin what he meant by the communication with Ms. Johnson. After approximately thirty seconds, Mr. Drebin stated: â€Å"I am sure that I was just giving the crew some flight plans and times for service. † The officer observed his body language because he was becoming agitated with the questions.His non-verbal’s made it easy to see this. Then he seemed to be nervous and to fidget. Mr. Drebin was informed that he was a suspect in the robbery heist and was placed under arrest. The officer read Mr. Drebin his Miranda Rights. When the officer began to question Mr. Drebin, he decided to lawyer up. Female Suspect: At the scene of the robbery a female suspect was captured. She was then asked what her name was; she refused to speak. The arresting officer then proceeded to read the woman her Miranda rights and placed her in the police cruiser.Once we arrived at the police station the female was then place in a small room f or questioning. When the officer entered the room to begin questioning, she established a rapport with the female. Both parties sat at opposite ends of the table. The officer asked her what her name was and she refused to answer. The female was suspect was informed was caught by another officer and the jewels were found in her purse at the time of arrest, there is more than enough evidence to put her away and that she is going to get one more chance to tell your side of the story.She still refused to speak. The officer proceeded to inform her that the male suspect in custody and he is already placing blame away from him; if she doesn’t want to take all the heat, she needs to start talking. She then proceeded to say that she was part of the robbery. The cognitive technique was used in order to gain rapport and start with easy questions to help get and keep her relaxed. However as the questions seemed to become harder, she was not happy and would not continue with the questions (Heuback, 2010).The female suspect was asked her name, in which she replied Alexis Johnson. Ms. Johnson was then asked personal questions in order to get her at ease. Ms. Johnson was reminded of her Miranda rights and she informed the officer they were already read and understood them. When asked why she robbed the plane, Ms. Johnson stated: â€Å"I felt that I could use the extra money and buy everything that I have ever wanted. † Ms. Johnson then decided that she wanted a lawyer present. Summation In this crime scene we found out how two individuals worked together to steal some diamonds off an airplane.These two people were very intelligent, and they did manage to get the diamonds off the airplane. However, the suspects were not able to make it out of the airport before they got caught. The police met them at the door. Both suspects were found guilty of their crimes and arrested. Bibliography The officers can set up interviews at the airport to help obtain all necessary i nformation. In these interviews they will ask the witnesses what happened and for identification of the suspects. Before interviewing the suspects the officers should try to obtain their background information (Gosselin, 2007).During these interviews there should be other officers that are looking at the scene to ensure that they collect all evidence and information from the plane where all this happened at (Gosselin, 2007). For the interview process of the witnesses, a structural interviewing will be used. â€Å"Structural interviewing approach builds on the traditional interview by adding the following components: rapport building, narrative description, and an ample interviewee response opportunity† (Gosselin 2007, pg. 71). The traditional interview because she is upset and the officer wants to get the immediate facts as fast as possible (Gosselin, 2007).The interview room was set up in the security area, a quiet part of the airport with no disturbances, with the chairs fa cing each other approximately four feet apart; the officer does not sit between the door and Ms. Williams because of the assumption of her not thinking she could leave (Psychological Principles: Interview and Interrogation, 2009). Drebin was confronted about the facts of the case and a theme was developed on the events of the incident (Layton, 2013). In light of the details of the incident, the officer uses the structural interviewing technique with the pilot of the plane.This way, he can discuss the narrative of the events of the incident (Gosselin, 2007). The cognitive technique was used in order to gain rapport and start with easy questions to help get and keep her relaxed. However as the questions seemed to become harder, she was not happy and would not continue with the questions (Heuback, 2010). References Gosselin, D. (2007). Smart Talk Contemporary Interviewing and Interrogation. Upper Saddle River: Person Prentice Hall. Heuback, J. (2010). Suspect Interrogation: Communicati on Strategies and Key Personality.Retrieved from ACTR Advances in Communication Theory and Research: http://www. k-state. edu/actr/2010/12/20/suspect-interrogation-communication-strategies-and-key-personality-constructs-jessica-heuback/default. htm Layton, J. (2013). How police interrogation works: The Reid Technique. http://people. howstuffworks. com/police-interrogation. htm Psychological Principles: Interview and Interrogation, (2009). Interview and Interrogation Rooms. http://www. social_engineer. org/framework/Psychological_Principles:_Interview_and_Interrogation

Resolving Ethical Business Challenges Essay

Peter had been a human resource (HR) manager for 18 years and vice president for 2 more years for Zyedego Corporation, a small company in New Orleans. In the last decade, there have been many changes to what potential/actual employees can be asked and what constitutes fair and equitable treatment. Frankly, the situation Peter was in was partly his own fault. The first issue began when Gwyn, one of Peter’s HR managers, was planning on rehiring Dana Gonzales but found out that Dana was pregnant. Because of the â€Å"rough† condition of the workplace, Gwyn was concerned for Diana’s safety. If Dana were rehired, employees’ hourly wages should be decreased by 25 percent because the company had experienced setbacks during the hurricane and had to work with a reduced budget. In addition, Gwyn had some concerns over Dana’s citizenship because her passport appeared to be questionable. Dana had been slowing providing the documents since the flood destroyed th e original documents. Then Dana stated that if not rehired she would go to a competitor and expected the company to pay severance of two weeks’ wages for the time she was out of work during the hurricane. Another issue is the hiring of truck drivers. Zyedego hires many truck drivers and routinely requests driving records as a part of the preemployment process. Several of the potential new hires have past DWI records. Gwyn has hired some drivers with infractions to secure the necessary number of drivers needed to the company. Zyedego has even deeper problems when Hurricane Katrina killed Guy Martin. The company’s death benefits provide only 50% of the deceased pension for a surviving spouse. Also, because the body had not been found, there was legal question of death. Darell Lambert, the chief adjuster for Zyedego’s insurance and pension provider, proposed that it will be helpful for the company’s recovery and survival to reduce the total reimbursements by 40%. Here is the point where Peter’s decision making comes to play. QUESTIONS: 1. What are the legal and ethical risks associated with the decision about hiring truck drivers at Zyedego? * 2. What should Peter recommend to Gwyn about Dana’s case? * Peter should recommend to Gwyn not to rehire Dana due to questionable citizenship. The company may be liable if proven that Dana is not a resident of New Orleans. 3. Do you think Peter is too emotionally attached to the Martin case to make an objective decision? * Yes. Because Peter wanted to help the 100 families even if there is a need to cut down the total reimbursement by 40%. There is the assurance that the 100 families will receive financial assistance from the company but not the exact amount as stated. Conclusion: * Regarding the issue of hiring the truck drivers, it is unethical for Gwyn to hire employees only for the sake of securing the numbers of workers needed to perform the job. Gwyn should take consider of the implications of her ineffective decision making on hiring drivers with records of infractions. Still, there is a probability of recurrence. * On Dana’s case, it will be ethical for Peter to recommend not rehiring Dana because of the â€Å"uncertainty† about her citizenship. If proven that Dana is not a citizen of New Orleans, then there is misconduct on Dana’s point of view because she had not provided a reliable document regarding her nationality requirements if she is really permitted to work in New Orleans. * On Martin case, Peter had to take some considerations of implementing some actions for the survival of the business. As an ethical leader, Peter should consider stakeholder’s interest at the same time. His decision should be in the process that is respectful of them not only for the firm’s survival.

Strategic and Implementation Plan for Raviz Restaurant - Free Essay Example

Sample details Pages: 7 Words: 2249 Downloads: 10 Date added: 2017/06/26 Category Management Essay Type Analytical essay Did you like this example? Strategic and implementation plan for Raviz restaurant Table of Contents Introduction Aim Scope of the strategic Implementation Plan 1.Aim: 2.Scope: 3.Strategic plan 3.1 Values 3.2 Vision: 3.3 Direction: 3.4 Goals: 3.5 Tactics: 3.6 KPIà ¢Ã¢â€š ¬Ã¢â€ž ¢s ( key performance indicators) 4. Implementation Plan 4.1 Activities, Timing Milestones: 4.2 Resources: 4.3 Dependencies: 4.4 Contingency Plan: Conclusion NAME OF BUSINESS: Raviz restaurant LOCATION: 61 Hobson St, Auckland 1010 CONTACT NUMBER: 09-309 8800 WEBSITE: [email  protected]/* */ NATURE: Restaurant Introduction Our group have chosen Raviz restaurant which provides both take way and dine in. It was established in 2000 and Mr. Ravi Singh is the owner of this hotel. Initially they were struggled a lot but now they opened seven branches within the few years. Everybody knows that food industry is now growing sector because people usually spend their disposable income on eating on some special occasions or on holidays and this restaurant provide Indian authentic cuisines and they are using their homemade spices which is the main active ingredient in the dishes. Their food is mouth watering and luscious because they are using fresh vegetables and quality of food is hygienic which results they got heaps of customers. They provide some special buffets on some occasions and they have a full license and they will open some new branches within the New Zealand as soon as possible they can. So, this will be the long-term objective of the company. They do provide vegetarian and non-vegetarian foods at t heir restaurants and now they are part of the one of growing sector. Raviz is famous now for its services and foods and they have bars and special dishes for kids. Don’t waste time! Our writers will create an original "Strategic and Implementation Plan for Raviz Restaurant" essay for you Create order Aim Scope of the strategic Implementation Plan Aim: Aims of the Raviz restaurant is to cater the needs of the customer and to satisfy them by providing services. It belongs to the food industry so, their main goal to satisfy their customer to cater their desires. They have a limited customer because they have vegetarian foods and here their target is basically Indian people. Scope: The scope of the Raviz is to cover their customer and provide them loyalty so they will come there again and again. They provide special dishes at fewer prices on some special time in a week. Their strategy is to get the attention of the customer by providing discounts and some special offers. Strategic plan: No business can longer exist if they donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any plan so Raviz strategy to get the more customers by implementing plans and providing rewards to them so they will be come at their place. 3.1 Values The values of the Raviz are works for the society and provide best quality of cuisines to their customers. Ethics: Ethics concern an individuals moral judgments about right and wrong Ethics in business are the moral values of business or a set of principles that explains what is right and good. These principles are basically implemented in order to build the required level of trust for consumers, suppliers, shareholders, employees, distributers and other stakeholders. Ethical guidelines protect the business against Legal troubles. Small Business owners face Ethical decisions every day in their companies. Ethical codes or guidelines help the business to maximize the profit as well as minimize the conflict that can slow the business growth. Social Responsibility: Being socially responsible means a business should behave ethically and with sensitivity towards social cultural economic and environmental issues. The business should have a positive relationship with the society in which it is operating. The store staff may not know or use the word corporate social responsibility, but their close relations with their employees, with their customers which are from their own community and business operations shows their approach towards environmental/social responsibility. 3.2 Vision: A vision statement is the image of the future of our business that we want to create. It is defined as a small paragraph or one line which provides a broad and inspirational image of business in future. Vision statements are usually made for more than 5 years and reviewed every three to five years. So is to be the relevant to the business and if the vision is clear then the future of the business will be exist. For example for the Raviz restaurant their vision may be for the future prospective by opening more branches and to get more and more customers. 3.3 Direction: Every business should follow the some directions so they can face the challenge from their competitors and it can be one of them like operational excellence, customer intimacy and product leadership. If we are talking about Raviz then for the product leadership they have to use proper resources and ingredients so they can face their competitors by providing their best cuisines. They can lead their products by charging less prices or good quality. They should have to introduce new dishes so they can get more customers. 3.4 Goals: No business can survive in this fast pace of world without goals.So the goal should be easily measurable, achievable, realistic and it should have an appropriate time frame. Measurable: Raviz is a famous food court and a emerging Indian restaurant brand in new Zealand. To measurable we mean that the goal should set up in such a manner that it is easy to measure. Achievable: the goal should be achievable like 10% profit maximization by the next 2 years. Timeframe: the goal should be achievable within the time period. 3.5 Tactics: Every business should have some tactics and for Raviz, tactics should be like they can provide free home delivery services to the customers to compete their oppositions. For the growth prospective, they can attain their goals by implementing their strategies. Financial tactics: This includes free vouchers, discount cards, loyalty and special deals to their regular customers Internal tactics: these are the tactics which effects the internal environment of the business. They should provide some credits to their staff so they can work better for the organisation and put their best efforts to contribute to the growth of the business Customers: To cater the needs of the customers, Raviz should provide good services and quality food so that they can retain their regular customers and attract new customers. 3.6 KPIà ¢Ã¢â€š ¬Ã¢â€ž ¢s (key performance indicators) Key Performance Indicators means the important factors that every business should have to follow. As per the Raviz perspectives, customer retention ratio should be maintained. To maintain customer retention ratio, they should have to balance their services and the quality of foods Internal perspective: They should provide open surveys to their customers so they can anticipate about their staff performance. By doing this they can improve their position in the market. Product and service quality: Raviz should maintain their services so they can retain in the market. Return on investment: Every business works for profit. So at the end of the year, everyone wants to know about the return on their investment made in business for the expansion of business. 4. Implementation Plan: It means developing a plan for the future and upcoming events. We will use our strategies to face the problems and find solutions for them. 4.1 Activities, Timing Milestones: We would like to open new branch on CBD because we have only one branch on Hobson Street and our future plan is we will open a new branch on Queen Street in December 2014 and we will get more customers because there is problem of parking on Hobson Street, so we can remove this problem by selecting best location as per customers point of view. We will expand our business by introducing some more varieties of cuisines and facilities within the one year at our every branch in New Zealand for instance free home delivery at every place in the city and we will open separate bar at our every branch with traditional interior. We will cater the needs of our customer by providing the best collection of liquor at a reasonable price before Oct 2014. Our next plan is to attract the Kiwià ¢Ã¢â€š ¬Ã¢â€ž ¢s by introducing new dishes as per their taste because our mostly customers from India and we are missing the local customer so before June 2014 our target is to get the local customer by providing foods as per their taste for example Kiwià ¢Ã¢â€š ¬Ã¢â€ž ¢s like to eat lamb and barbeques and In New Zealand in the month June ità ¢Ã¢â€š ¬Ã¢â€ž ¢s too cold so, we will get heaps of customers in this period. 4.2 Resources: There are several resources like financial, human and technological and we would like to explain two out of them. Human resources means the resources which is most important for every organisation so for our, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s also important and every business needs staff so for our business we would like to have our family members at our restaurant so we can look after our business easily and we should have trained staff at our restaurant because chefà ¢Ã¢â€š ¬Ã¢â€ž ¢s are the most important person, they are the responsible for foods. At the end when we are taking about services we should have trained waiters so they can cater the needs of customers easily. Technological means resources that are helpful for smooth running of every business so, we should have security cameraà ¢Ã¢â€š ¬Ã¢â€ž ¢s , computers, security alarms electronic entrance gates and bar code system for readymade stuff like ice cream cones and some imported deserts so, we can dealt with them in no time. For the security concern we place cameras at every important place so we can catch eye on them if something happened wrong we can sort out easily. Even that cameras work on our staff performance as well, we can measure easily who is good for business because of this resources we can identify the performance of our staff. Security alarms and electronic gate works wonder for small business because if something happened wrong than alarm buzz so we can remove the threat and electronic gates works conveniently for the customer they can come and go out easily. 4.3 Dependencies: Every business depends on some factors like financial, human, technological, environmental and legal so we should know the alternative to come out from the difficult circumstances like if we are running a business which is facing problem from the government interference. We should know the consequences of our business that we are running and we should know how to face the legal bindings and government formalities. We would like to explain some of them now as under. Human factors à ¢Ã¢â€š ¬Ã¢â‚¬Å" it means the person or staff so, every business runs their business with the help of their staff. It helps for the business in many ways like for the expansion of business or smooth running and to achieve their targets. For our business we need to have reliable, skilled and efficient staff. Our business is fully dependent on the chefà ¢Ã¢â€š ¬Ã¢â€ž ¢s, waiters and receptionist because they are close to the customers so, they should be humble with them and cater their needs to satisfy them as soon as possible. We can measure the efficient and inefficient staff by providing feedback form to our customers so we can detects error and irresponsible staff. Legal factors are the factors that every business is facing these days because these days ità ¢Ã¢â€š ¬Ã¢â€ž ¢s not easy to run the business easily. Every day new amendments are happening so we should how to deal with them like we required a license to serve liquor and in New Zealand every liquor store or bar follow some guidelines like no one can serve to under eighteens and they should know about the consequences if they served them. Every business should look after the basic guidelines of the business like they must pay their due taxes and GST on time. They should pay to their staff on IRD and should contribute something to the society. 4.4 Contingency Plan: It means the future unexpected events like change in the laws or disputes. In case of security like if we donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any cameras at our restaurants now but for the future we should have this technical equipment because if someone is stealing something at our restaurant or something happened wrong at our bar so we can sort out the situation by using the cameras. To face the problem at bar like we are not allowed to serve under eighteen and they been there and something happened wrong we have cameras and we can satisfy the copà ¢Ã¢â€š ¬Ã¢â€ž ¢s by giving them pictures or videos from our cameras recording. Factors, every business face the competition in these days from their competitors in many ways like in terms of services or by changing prices and so on. To tackle this problem we should have strategies to find out the solutions and be remained in the market. We should have some strategies to protect our business like provide some specials on dishes or on buffets and providing free home delivery etc. Conclusion To recapitulate, every business has set some predetermined goals and tactics, so they can tackle the problems easily and achieve their targets within the required time. To achieve their targets, they should follow some key performance indicators. In addition to this, Raviz is the part of food industry and should have some social responsibilities towards the society and they should contribute to the society in several ways like to provide hygienic food at reasonable prices. They have some strategies to compete with the external environment. In case of KPIà ¢Ã¢â€š ¬Ã¢â€ž ¢s one example is for Raviz if they spend money on financial marketing so they can ahead their business.