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fandomhigh2006-02-23 06:50 pm
msgilmoredanes.livejournal.com) wrote in fandomhigh2006-02-23 06:50 pm
Entry tags:
Business Classes
Business Law - First Period
"Don't forget, midterm on Tuesday," Lorelai said after everyone was seated.
"Today we learn about the different categories of torts. If you have any questions, let me know. I'm going to try to make it on campus Monday afternoon, so if you have any last minute issues before the mid term, I'll be in my office."
Categories of torts
Torts are generally categorized by two factors:
The level of intent that must be assessed against the tortfeasor, and
The interest affected by the tort.
Intentional torts
Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Intentional torts have several subcategories, including torts against the person, property torts, dignitary torts, and economic torts.
Torts against the person
Torts against the person harm or restrict the person of the plaintiff. Torts against the person include assault, battery, false imprisonment, and intentional infliction of emotional distress.
Property torts
Property torts involve any intentional interference with the property rights of the plaintiff. Those commonly recognized include trespass to land, trespass to chattels, and conversion.
Dignitary torts
Dignitary torts are torts that cause no tangible injury to a person or his property, but rather cause intangible harm to his reputation. These may include defamation, slander, libel, misappropriation of publicity, invasion of privacy, and disclosure. In the United States, the First Amendment places special limitations on the defamation of public figures with respect to issues of public importance. Abuse of process and malicious prosecution are often classified as dignitary torts as well.
Economic torts
Economic torts include common law fraud and tortious interference with contractual or business relationships.
Negligence
The tort of negligence is the broadest of the torts and is the basis of most personal injury cases. Its four classic elements are as follows: (1) The defendant owed a duty of due care (that is, he is bound to act as a reasonably prudent person under the circumstances) to the plaintiff; (2) the defendant breached that duty; (3) the defendant's breach was the legal and proximate cause of injury to the plaintiff; and (4) the plaintiff suffered damages as a result of the defendant's actions. These elements are often summarized as the formula of "duty, breach, causation, and damages."
Obviously, whether any given injury can be brought as a negligence claim depends upon whether a lawyer can convince a court that the defendant owed the plaintiff a duty of due care to not inflict the particular injury at issue.
Nuisance
The tort of nuisance allows a plaintiff to sue for most acts that interfere with their use and enjoyment of their land. For example, noise pollution from airports is usually remedied through nuisance claims.
Strict liability
Strict liability is applied in some countries to ultrahazardous activities, which present such grave dangers that parties engaged in those activities are held liable for injuries resulting therefrom even if they were not negligent. This theory is applied to injuries resulting from things such as the keeping of wild animals, use of explosives, or storage or use of radioactive materials.
In some countries, strict liability is the rule in certain product liability cases, on the theory that only strict liability can force manufacturers to always pursue the safest possible design. It is also believed necessary to force all parties in the "chain of commerce" to exercise the highest level of due care to ensure that products are in good condition and are not dangerously defective.
Also, in some jurisdictions, copyright infringement has been made a strict liability tort by statute.
from here
***
HR Management - Sixth Period
"Don't forget, midterm on Tuesday," Lorelai said after everyone was seated.
"Today we learn about the performance appraisal. If you have any questions, let me know. I'm going to try to make it on campus Monday afternoon, so if you have any last minute issues before the mid term, I'll be in my office."
One phase of the annual performance management cycle is performance appraisal, the process of reviewing employee performance, setting new performance objectives, documenting the review, and delivering the review verbally in a face-to-face meeting. Performance appraisal has been around for hundreds of years, as it is only human nature to evaluate fellow colleagues.
Performance appraisals are also effective and useful during the beginning period of employment at set intervals or when an employee changes job duties. Suggested time periods include three and six month appraisals during this time the employee is learning the expectations of the job and the company.
Annual performance reviews are typically intended to:
*give feedback on performance
*set new performance objectives
*justify personnel decisions such as salary actions
Good performance management assumes that the performance appraisal does not introduce new ideas to the employee. Effective management requires timely feedback to an employee - not 9 months after an event occurs. A performance appraisal should be a recap of the time period for which the review is based.
Although performance appraisal can highlight the above issues for an organisation, it can also be viewed by employees as something that may harm their position or job security. Therefore a distrustful and adverse relationship may form between manager and employee which could be detrimental to the overall performance of the organisation.
Models of feedback
A useful model in which to apply feedback is known as B.O.F.F or BOFF
Behaviour - describe the behaviour you wish to provide feedback on
Outcome - describe the result of the behaviour in question
Feeling - how the behaviour / result made you feel
Future - what you expect in the future
Goals set during the performance appraisal should follow the SMART system to ensure expectations are understood. S = specific M = measureable A = attainable R = related to the position T = time oriented (with a set date for completion)
from here
"Don't forget, midterm on Tuesday," Lorelai said after everyone was seated.
"Today we learn about the different categories of torts. If you have any questions, let me know. I'm going to try to make it on campus Monday afternoon, so if you have any last minute issues before the mid term, I'll be in my office."
Categories of torts
Torts are generally categorized by two factors:
The level of intent that must be assessed against the tortfeasor, and
The interest affected by the tort.
Intentional torts
Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Intentional torts have several subcategories, including torts against the person, property torts, dignitary torts, and economic torts.
Torts against the person
Torts against the person harm or restrict the person of the plaintiff. Torts against the person include assault, battery, false imprisonment, and intentional infliction of emotional distress.
Property torts
Property torts involve any intentional interference with the property rights of the plaintiff. Those commonly recognized include trespass to land, trespass to chattels, and conversion.
Dignitary torts
Dignitary torts are torts that cause no tangible injury to a person or his property, but rather cause intangible harm to his reputation. These may include defamation, slander, libel, misappropriation of publicity, invasion of privacy, and disclosure. In the United States, the First Amendment places special limitations on the defamation of public figures with respect to issues of public importance. Abuse of process and malicious prosecution are often classified as dignitary torts as well.
Economic torts
Economic torts include common law fraud and tortious interference with contractual or business relationships.
Negligence
The tort of negligence is the broadest of the torts and is the basis of most personal injury cases. Its four classic elements are as follows: (1) The defendant owed a duty of due care (that is, he is bound to act as a reasonably prudent person under the circumstances) to the plaintiff; (2) the defendant breached that duty; (3) the defendant's breach was the legal and proximate cause of injury to the plaintiff; and (4) the plaintiff suffered damages as a result of the defendant's actions. These elements are often summarized as the formula of "duty, breach, causation, and damages."
Obviously, whether any given injury can be brought as a negligence claim depends upon whether a lawyer can convince a court that the defendant owed the plaintiff a duty of due care to not inflict the particular injury at issue.
Nuisance
The tort of nuisance allows a plaintiff to sue for most acts that interfere with their use and enjoyment of their land. For example, noise pollution from airports is usually remedied through nuisance claims.
Strict liability
Strict liability is applied in some countries to ultrahazardous activities, which present such grave dangers that parties engaged in those activities are held liable for injuries resulting therefrom even if they were not negligent. This theory is applied to injuries resulting from things such as the keeping of wild animals, use of explosives, or storage or use of radioactive materials.
In some countries, strict liability is the rule in certain product liability cases, on the theory that only strict liability can force manufacturers to always pursue the safest possible design. It is also believed necessary to force all parties in the "chain of commerce" to exercise the highest level of due care to ensure that products are in good condition and are not dangerously defective.
Also, in some jurisdictions, copyright infringement has been made a strict liability tort by statute.
from here
***
HR Management - Sixth Period
"Don't forget, midterm on Tuesday," Lorelai said after everyone was seated.
"Today we learn about the performance appraisal. If you have any questions, let me know. I'm going to try to make it on campus Monday afternoon, so if you have any last minute issues before the mid term, I'll be in my office."
One phase of the annual performance management cycle is performance appraisal, the process of reviewing employee performance, setting new performance objectives, documenting the review, and delivering the review verbally in a face-to-face meeting. Performance appraisal has been around for hundreds of years, as it is only human nature to evaluate fellow colleagues.
Performance appraisals are also effective and useful during the beginning period of employment at set intervals or when an employee changes job duties. Suggested time periods include three and six month appraisals during this time the employee is learning the expectations of the job and the company.
Annual performance reviews are typically intended to:
*give feedback on performance
*set new performance objectives
*justify personnel decisions such as salary actions
Good performance management assumes that the performance appraisal does not introduce new ideas to the employee. Effective management requires timely feedback to an employee - not 9 months after an event occurs. A performance appraisal should be a recap of the time period for which the review is based.
Although performance appraisal can highlight the above issues for an organisation, it can also be viewed by employees as something that may harm their position or job security. Therefore a distrustful and adverse relationship may form between manager and employee which could be detrimental to the overall performance of the organisation.
Models of feedback
A useful model in which to apply feedback is known as B.O.F.F or BOFF
Behaviour - describe the behaviour you wish to provide feedback on
Outcome - describe the result of the behaviour in question
Feeling - how the behaviour / result made you feel
Future - what you expect in the future
Goals set during the performance appraisal should follow the SMART system to ensure expectations are understood. S = specific M = measureable A = attainable R = related to the position T = time oriented (with a set date for completion)
from here