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Difference between Employees and Independent Contractors
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Employment Law
TASK 2
2.1. Difference between Employees and Independent Contractors
Since time memorial, there have been some distinctions between craftsmen and servants that still operate in today’s business relationships. During the Roman times, servants, who are equal to today’s employees, worked for masters who in return paid them. On the flip side, craftsmen worked on their own account producing goods like jewelry. Today, the term craftsmen has become vague, but consultants and repair persons working on their own account still exist. Craftsmen are equal to modern day independent contractors who contract with business owners for their services (McCallum, 23). Independent contractors perform certain duties and tasks for a business owner or organization for an agreed fixed fee. The contracting party does not have the mandate to control an independent contractor regarding the means through which he or she performs the contact apart from setting requirements to be adhered. As for employees, they work for employers who set and control the work and a manner of achieving the desired outcomes. A business or organization that deals with an independent contractor does not have that control (Ashcroft and Ashcroft, 65).
Indicators and Differences
Important indicators can help in determining whether someone is an independent contractor or an employee. First, the degree of control regarding work exhibits clear differences. An employee does work under the control and direction of the employer on a continuous basis. On the other hand,independent contractor holds higher control in the manner with which work he or she performs work. Apart from the degree of control, the employee’s hours of work differ from those of an independent contractor. Standard employees normally have standard working hours, unless they are casual workers. Independent contractors, however, can decide how many hours they will need to complete a certain task. In addition to that, a business or organization will only engage an independent contractor for a certain task but place an ongoing expectation on employees. Since an employee works under the rules of the employer, there is no financial risk. However,independent contractor has to bear the risk if for losses or profits related to every task (Ombudsman, 1).
Several requirements and entitlements further exhibit the difference between an independent contractor and an employee. Employees are entitled to superannuation and their employers pay a certain amount to a nominated fund. Independent contractors are not entitled to superannuation, but they pay for themselves. While working, employees enjoy certain privileges that independent contractors do not. Employers provide tools and equipment to workers, but they independent contractors are not entitled to such provision. Taxation is also different for the two groups. Employees have their tax deducted while the law requires independent contractors to forward their income tax to relevant authorities. Importantly, employees are entitled to regular pay unlike independent contractors who receive payments after the project is complete. Lastly, employees are entitled to be remunerated while on leave, something that is not applicable to independent contractors (Blazek, 45).
2.2. Nature and Scope of Contracts
Agreements are of different types and present different characteristics. Collective contracts and individual contracts are the main types of agreement in employment. Employment agreements can be either collective or individual. Collective contracts involve unions and apply to members who meet coverage clauses. Individuals can also negotiate with employers directly (Sole and Costa, 24). With these two main categories, work arrangements can be permanent, fixed, or casual. Permanent workers can have regular, part time, or seasonal arrangements or working schedules (DairyNZ, 1). Employment contracts dictate the type of engagement or exchange in organizations. Exchanges can be economic, social, or work related. Transactional relations majorly place emphasis on economic exchange and are the basis of transactional contracts (Sole and Costa, 75).
Contract law presents several features of contracts and procedures that should take place when signing into a contract. Frey (4) states that contracts entail two main components: the contract offer and its acceptance. The offer is representation of willingness to take part in the bargain. The person making an offer is the offeror while the one receiving it is known as the offeree (Frey and Frey 4). A contract can be either bilateral or unilateral. Bilateral contracts occur when an offeree accepts an offer by making a promise to perform. Hence, this kind of contract involves two promises, one from the offerer and the other fro(Lowisch, 117)m the offeree. On the other hand, unilateral contacts refer to situations where an offeree only needs to complete the contract performance. Hence, it is merely a promise for an action (Miller and Jentz, 120). It is also essential to note that contracts can be either formal or informal. Formal contracts are only enforceable once they are in writing. Informal contracts do not have legal ties in their enforcement (Frey and Frey, 117).
2.3. European Union and Employment Relations
The impact of the European Union on labor and management of human resource in Europe cannot be overelaborated. The powers of the union to regulate relations between employers and employees in the workplace have risen greatly. Its powers to set the regulations and laws governing places of work and the relations that exist there have been on the rise from the early 1990s (Judge and Gennard, 134). In 1992, the European summits made important conclusions regarding employment issues. The Amsterdam Treaty, in particular, implied that employment had finally become a community agenda (Goetschy, 117). United Kingdom, for instance, has had to embrace the initiatives of the EU in its employment field. Some of the central elements include collective redundancies, acquired rights, change of undertakings, proof burdens in equality issues, part time employment or work, temporary work, fixed-term contracts, maternity and pregnancy rights, working time, leaves, and equal opportunity (Judge and Gennard, 134). The EU’s influence in these areas is direct and continues to affect human resource and personnel relationship.
Human resource managers and personnel need to appreciate the laws made at the European Union level and allow them to take precedence over laws made domestically by member states. This is applicable to employment legislation as well as legislation in other areas. Innovations in labor relations since 1993 encourage the participation of workers and employers in the process of making laws in the employment field (Judge and Gennard, 135). European Community member states have to comply with agreements contained in the International Labor Organization, which they had a take on its ratification. The labor regulations do not affect the domestic regulations of member states and members only incorporate them in their national laws (Lowisch, 116).
The European Union has an important role of shaping the lives of people working in Europe. The EU obliges countries to have several laws that define an employment relationship. The Working Time Regulations of 1998 sets the maximum hours that employees should engage in a day or week. The Equality Act 2010 covers issues related to discrimination from sex, religion, race to belief. The Agency Workers Regulation 2010 deals with equal treatment of workers under agencies with reference to permanent workers. Other important laws include laws for part time workers, fixed term employee regulations, and the Equality Act of 2010 (May, 1). These laws stand as incentives as well as disincentives that assist in improving productivity and skills. Labor legislation influence efficiency of firms and their competitive advantage. The laws also impact movement of human resource internationally and locally (Lowisch, 117).
2.4. Termination of Employment Relation
Termination of employment relations should be within general regulations included in labour codes. These codes cover all types of relationships without any substantial variations. Subjective legal facts advanced by employment relationship parties can lead to the termination of a relationship in employment. These facts include agreement to end the relationship as a bilateral contract, notice of cessation of employment as a unilateral contract, instant cessation as a unilateral contract by the offeror or offeree, and termination during the period that is defined as probationary. Contracts can also end by virtue of officially made decisions. Official decisions include enforceable decisions of relevant and competent authority and court decisions. Finally, contracts can end due to objective legal realities and facts. These facts include expiration of the employment relationship and/or death (Reitz, 277).
TASK 3
3.1. Discrimination
The EU anti-discrimination laws ensure equality at places of work in various ways. The laws ensure that places of work uphold human rights and equality in all senses. They enable and provide an opportunity for equality and diversity to exist. They stand as the ideal vehicle upholding sex equality in employment and workplace relations. Some of the key concepts in the anti-discrimination laws include sex, part-time, nationality, ethnic origin, sexual orientation, and age. The laws have evolved significantly over time because of the changing manifestations of discrimination issues. The Court of Justice of the European Union (CJEU) also classifies discrimination into direct and indirect discrimination. (Ellis and Watson, 100).
In the EU, the Racial Equality Directive require member states to prevent particular forms of discrimination, which are indirect and direct discrimination, commands to discriminate, and harassment, on ethnic or racial grounds. The laws cover those with self-employment, employment, vocational training, and occupation. This directive also limits the scope of protection granted to employers and employees. Under these laws, workers should be free from any harassment and discrimination because of their orientation, religious stand, or disability. The commitment of the EU to prevent discrimination was reassured in the Charter of Fundamental Rights passed in 2000. This charter defined ground on which one is not to be discriminated further. The new ground included birth, political opinion, and property (Somek 145–147)
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3.2. Developing Discrimination Laws and HRM
The European Network of Experts ensures that the employment fields are free from discrimination of any sort. The Migration Policy Group (MPG) and the Human European Consultancy manages this non-discrimination. Twenty-seven countries throughout the European Union as well as three candidate nations, namely Turkey, Croatia, and the Former Yugoslav Republic of Macedonia fall under the coverage of the network. The Network’s main mandate is to assess anti-discrimination directives at country levels and offer the EU with independent information and advice. It also offers annual reports for countries regarding the state of discrimination and reviews discrimination law (Lawson and Schiek, 11).
Over the recent past, human resource managers have had to follow anti-discrimination laws strictly in all policies of organizations. The laws are evolving at a fast pace defining various issues involved at places of work into more detail. Discrimination laws are going through serious proliferation and producing positive effects in terms of equality. This will consequently lead to an increase in the areas covered by discrimination laws. More employees will believe that they can depend on equality law to correct the wrongdoings they see and experience while working. Considering the EU law, several changes are taking place that will affect human resource management. During the passage of the Treat of Amsterdam in 1997, the EU was given power to legislate regulations guarding against sex, ethnic, racial, disability, and any other form of discrimination. Binding laws followed suit in 2000 defining part time work further. Recently, the Treaty of Lisbon has brought on the table the new proliferation. The Charter of Fundamental Rights addresses discrimination on several grounds including genetic features, social origin, color, political affiliation, language, and property (Lawson and Schiek, 102).
3.3. Tort Laws and Employment Relations
Tort law has gone through a lot of development, much of it in the twentieth century. During this time, several ideas charted the way forward for tort law in Europe. Today, tort law features in myriad discussions occurring at different levels. The laws exist in three major tiers: upper tier, the lower tier, and the link between the upper and the lower tier. The law is not only present in national and EU laws, but also in global treaties that govern liability for various risks including those that have an international influence (Dam, 8). The European Group of Tort law review torts regularly and give important directions towards this direction. This group has published several principles of tort law similar to those of contract law. The principle divides the torts into general liability, liability bases, defenses, multiple tort, and remedies (EGTL, 1). Harmonization still seems to be in the process to ensure that workers are properly protected while in contracts or at work.
The tort laws and systems are important in the business environment. They give the average person an opportunity to influence institutions and businesses and change the policies and practices they work with. In addition to that, tort laws deter organizations from considering profits more important that the safety of employees. Paying for damages is expensive for any organization and they therefore prefer to put all measures to prevent injuries from taking place. Tort laws also limit the role of the government. Without this system, governments would probably have a greater role in ensuring that unscrupulous businesses do not disregard the health and safety of workers (Bar and Drobnig 25).
Summary
Employment laws are important for the safeguarding of employees and contractors in any nation. The laws and regulations help in ensuring that all procedures are followed. An understanding of the different rights entitled to different people in the work environment is also essential. People enter into different types of contract and the relationships they hold with their employers should follow laid down guidelines. The EU is doing much to ensure that both workers and employers co-exist in a harmonious manner.
Works cited
Ashcroft, John, and Janet Ashcroft. Cengage Advantage Books: Law for Business. Cengage Learning, 2010. Print.
Blazek, Jody. Tax Planning and Compliance for Tax-Exempt Organizations: Rules, Checklists, Procedures. John Wiley & Sons, 2012. Print.
DairyNZ. “What Are the Different Types of Employment Agreements?” N. p., 2012. Print.
Dam, Cees van. European Tort Law. Oxford University Press, 2013. Print.
EGTL. “European Group on Tort Law.” N. p., 2011. Web. 5 Feb. 2014.
Ellis, Evelyn, and Philippa Watson. EU Anti-Discrimination Law. Oxford University Press, 2012. Print.
Frey, Phyllis, and Martin Frey. Essentials of Contract Law. Cengage Learning, 2000. Print.
Goetschy, Janine. “The European Employment Strategy: Genesis and Development.” European Journal of Industrial Relations 5.2 (1999): 117–137.
Judge, Graham, and John Gennard. “The Importance of the European Union.” Introduction to Managing Employment Relations. 5th ed. CIPD, 2010. 134–175. Print.
Lawson, Ms Anna, and Professor Dagmar Schiek. European Union Non-Discrimination Law and Intersectionality: Investigating the Triangle of Racial, Gender and Disability Discrimination. Ashgate Publishing, Ltd., 2013. Print.
Lowisch, Manfred. “Labor Law in Europe.” Ritsumeikan Law Review 20.115 (2003): 102–115. Print.
May, Matt. “What Would UK Employment Law Be like without Europe?” Freelance Advisor 28 Mar. 2013. Web. 5 Feb. 2014.
McCallum, Ronald Clive. McCallum’s Top Workplace Relations Cases: Labour Law and the Employment Relationship as Defined by Case Law. CCH Australia Limited, 2008. Print.
Miller, Roger, and Gaylord Jentz. Cengage Advantage Books: Business Law Today: The Essentials. Cengage Learning, 2010. Print.
Ombudsman. “Fair Work Online.” N. p., Oct. 2013. Print.
Reitz, Anders Etgen. Labor and Employment Law in the New EU Member and Candidate States. American Bar Association, 2007. Print.
Sole, Jordi Gual i, and Joan E. Ricart i Costa. Strategy, Organization and the Changing Nature of Work. Edward Elgar Publishing, 2001. Print.
Somek, Alexander. Engineering Equality: An Essay on European Anti-Discrimination Law. Oxford University Press, 2011. Print.
Review either GrowThink blog entry on top 10 product failures.
Product and Brand Failures
Author’s name
Institutional AffiliationAbstractThe phenomenon of product and brand failures in the business world is not new. Some brands as well as products burn up more rapidly than others (Adrian, 2005). A number of them turn and twist gradually in the breeze, up to the time the market forces their demise (Hartley, 2002). However, there some more recent symbols of the phenomenon from Daily Finances’ Top 25 Biggest Flops of All Time are reviewed in this paper.
Table of Contents
TOC o “1-3” h z u Abstract PAGEREF _Toc315887859 h 2Introduction PAGEREF _Toc315887860 h 4Smith and Wesson Mountain Bikes PAGEREF _Toc315887862 h 5Cosmopolitan Yoghurt PAGEREF _Toc315887863 h 5LifeSavers Soda PAGEREF _Toc315887864 h 5Ben-Gay Aspirin PAGEREF _Toc315887865 h 6Colgate Kitchen Entrees PAGEREF _Toc315887866 h 6Frito-Lay Lemonade PAGEREF _Toc315887867 h 6Bic Underwear PAGEREF _Toc315887868 h 7Harley Davidson Perfume. PAGEREF _Toc315887869 h 7Clairol’s ‘Touch of Yoghurt’ Shampoo PAGEREF _Toc315887870 h 7Cocaine Energy Drink PAGEREF _Toc315887871 h 8Coors Rocky Mountain Spring Water PAGEREF _Toc315887872 h 8Maxwell House Ready-To-Drink-Brewed Coffee PAGEREF _Toc315887873 h 8New Coke PAGEREF _Toc315887874 h 8RJ Reynolds Smokeless cigarette. PAGEREF _Toc315887875 h 8McDonald’s Arch Deluxe PAGEREF _Toc315887876 h 9Bottled Water for Pets- Thirsty Cats, Thirsty Dogs PAGEREF _Toc315887877 h 9Kellogg’s Breakfast Mates PAGEREF _Toc315887878 h 9Microsoft Web TV PAGEREF _Toc315887879 h 9Apple Newton PAGEREF _Toc315887880 h 10Sony Betamax PAGEREF _Toc315887881 h 10Earring Magic Ken PAGEREF _Toc315887882 h 10The Ford Edsel PAGEREF _Toc315887883 h 10DeLorean Car PAGEREF _Toc315887884 h 11References PAGEREF _Toc315887885 h 11
IntroductionThe phenomenon of product and brand failures in the business world is not new. Some brands as well as products burn up more rapidly than others. A number of them turn and twist gradually in the breeze, up to the time the market forces their demise (Aaker, 2000). At times there it is difficult to provide reasons for the collapse of a brand or product. In my opinion, the fundamental question prior to manufacturing a product would be whether the brand is properly aligned with the prevailing expectations, perceptions, attributions, and preferences of the consumers (Murphy, 2004). This paper provides 25 examples of brands and products that failed in the market.Smith and Wesson Mountain BikesWho is Smith and Wesson? The most likely reaction would be that Smith and Wesson brand represents a prominent gun manufacturer. In 1997, gun manufacturer Smith & Wesson decided to take advantage of this extensive reverence by launching an assortment of Smith and Wesson mountain bikes (Bayraktar, 2007). In my opinion, the strong, well built bikes failed in the market since the broader market could not find the correlation between firearms and bikes. The company failed to appreciate the fundamental canon of brand extension. The rule stipulates that there must be a correlation between the new brand and its parent brand.
Cosmopolitan YoghurtCosmopolitan is the world’s leading women’s magazine. However, it brand supremacy in the market did not persuade yogurt consumers into embracing Cosmopolitan yogurt. This brand extension was a failure in approximately 18 months. In my opinion, the readers of Cosmopolitan magazine failed to appreciate the link between the magazine and yogurt. The fundamental link between the new brand and the parent brand was lost in this case, hence the outright failure of cosmopolitan yogurt. Why would a company that is not known in the food industry sell food to them? Maybe that was the core question in the consumers’ mind. Cosmopolitan was synonymous with journalism but not food production, or food science. This brings in the issue of consumer perceptions and attributions.
LifeSavers SodaLifesaver was invented in 1912, as one of the preferred brands of candy. In its candy production, the firm manufactures approximately 3 million candy rolls daily. Its success in the candy manufacturing industry is evident in the popularity associated with LifeSavers candy. In contrast to this success in candy manufacture, LifeSavers failed in its brand extension of LifeSavers Soda. LifeSavers Soda was a fizzy drink that performed well in its taste tests. However, it failed to measure up to the manufactures expectation when it failed to create its mark in the market. In my opinion consumer must have associated the fizzy drink with liquefied candy. The thought of drinking liquid sweets must have generated a foul perception in the minds of consumers. This perception must have contributed to its failure, regardless of the success of its sister brands.
Ben-Gay AspirinBen-Gay is a renown US brand. Consumers associate the brand with an analgesic cream that is used for the relief of muscle aches, trifling arthritic pain, as well as back pain. Although Ben-Gay Aspirin could still be related with pain relief, and utilize the already established distribution network, it failed in the market. In my opinion, even if Ben-Gay Aspirin was connected with pain relief, the consumers must have also linked it with the fiery cream. Thinking of the sensation of the fiery cream, nobody would have thought of swallowing a product from Ben-Gay. The perception that Ben-Gay Aspirin would be equally fiery as its sister brands was the genesis of its failure.
Colgate Kitchen EntreesMost people associate Colgate to toothpaste. When Colgate launched Colgate’s kitchen entrees, the company had banked on the success of its brand, Colgate toothpaste. The link between toothpaste and food products only comes in after a meal. In my opinion, the thought of eating Colgate food must have been appalling in the consumers’ perceptions. This may be regarded as on of the most bizarre accidents in brand extension history. Colgate’s kitchen entree as a brand was an outright failure, not to mention the consequent loss in sales in regard to Colgate toothpaste. This is a case whereby brand schizophrenia devalued the core brand.
Frito-Lay LemonadeAfter eating a salty snack, consumers usually require a thirst-quenching soft drink. In my opinion, this is what the manufactures of Frito-Lay Lemonade did not understand. Frito-Lay is leading salty snacks brand, but its brand extension to Lemonade was a bid commercial flaw. From the perspective of the consumers’, the sweet, fruity drink had diminutive correlation to other products manufactured by Frito-lay.
Bic UnderwearAnybody who may have used a pen would associate Bic with pens. However, Bic has other brand extensions that embrace lighters and razors. The launch of Bic underwear was absurd. The company must have projected enormous success in its launch of the underwear bearing in mind that the company is a success story in the pen, lighters and razor sector. In my opinion, consumers failed to see any correlation between underwear and the familiar Bic products. Production as well as distribution problems, coalesced with the fact that underwear’s function is completely dissimilar from that of pens, lighters and razors, meant that the underwear was destined to fail.
Harley Davidson PerfumeThe Harley Davidson perfume was destined to fail since its brand name was detached from the successful powerful image of the Harley Davidson parent brand. The brand name Harley Davidson creates a powerful image, deeply engrained in American psyche. In my opinion Harley Davidson brand is probably the brand with more mythology linked to it in comparison to any other. The thought of some sweet fragrance emanating from a Harley Davidson biker is unimaginable by all standards.
Clairol’s ‘Touch of Yoghurt’ ShampooWould you wash your hair with yogurt? That must have been the fundamental question that the manufactures of Clairol’s Touch of Yogurt shampoo should have considered in 1979. In my opinion, consumers simply did not like the notion of spreading stout pallid yogurt on their hair. Maybe, Clairol’s Touch of Yogurt shampoo, with a different brand name would have performed better in the market. However, the product was an instantaneous failure in the market.
Cocaine Energy DrinkThe Cocaine Energy Drink brand name was the biggest mistake that the manufactures did. In my opinion, the energy drink would have performed differently had it been given a different Brand name. It hit the market as an alternative to an illegal street drug, and alleged that certain ingredients therein were intended to avert, cure or treat disease conditions. The product faced a hard time trying to delink itself from the illegal drug.
Coors Rocky Mountain Spring WaterCoors Rocky Mountain Spring Water was a product of the beer brewing firm, Coors. The company launched its brand extension, Coors Rocky Mountain Spring Water, but the consumers failed to appreciate the product. In my opinion, consumers failed to see why a beer company would market bottled water, whereas others could not be convinced that the bottled water did not contain alcohol.
Maxwell House Ready-To-Drink-Brewed CoffeeMaxwell House ready-to-drink coffee was launched by General Foods 1990. The product was intended for the vast market of coffee drinkers. However, the only problem was the new product could not be heated ion a microwave in its usual container. In my opinion, the major incentive to purchase ready-to-drink coffee is convenience, and that is what this product took away. Coffee drinkers would not go for cold coffee, and therefore, the product had to fail.
New CokeNew coke tried to take away a product that consumers had identified with for generations. In my opinion, this product should not have entered the market in the first place. It represents the world’s most incomparable failure. Its failure was instantaneous, and it represents a case of outright rejection.
RJ Reynolds Smokeless cigaretteRJ Reynolds Tobacco Company is renowned worldwide for its cigarette brands. However, in the case of the smokeless cigarette, the consumers were apprehensive as a result of anecdotes to the effect that the cigarette could be utilized as a delivery tool for crack cocaine. In my opinion, the negative publicity, consumer perception, and resultant attributions led to the failure of this product. Therefore, the product faced speedy demise.
McDonald’s Arch DeluxeMcDonald’s Arch was intended for more adult consumer in reaction to the demographic trends of an increasing older market, and longer lifespan. McDonald’s intended to produce a new brand of burgers with more stylish ingredients instead of compromising its traditional brands. In my opinion, although the brand was launched amid highly expensive marketing campaigns, the customers were simply turned off. I attribute this to the unconventional ads, high price, and higher content of calories. This brand faded off gradually from the market. This is another case of brand extension that failed.
Bottled Water for Pets- Thirsty Cats, Thirsty DogsOriginal Pet Drink Company launched Thirsty Dog and Thirsty Cat, bottled water for pets in 1994, the. The vitamin-enriched, carbonated beverage had two flavors. These were Tangy Fish for cats and Crispy Beef for the dogs. In my opinion, the products failed due to the fact that, customers did not find flavored bottled water appropriate for their pets. This is a case of outright rejection of a product.
Kellogg’s Breakfast MatesKellogg’s Breakfast Mates was intended for children as quick and easy way to eat their cereal. In my opinion, the idea was innovative, but the company failed to realize that consumers love their milk warm when consuming their cereal. I think the company spent time on developing the unrefrigerated warm milk, but failed to realize that consumers did not want it.
Microsoft Web TVWebTV provided consumers with Internet connection through their TV sets in the 1990s. This service grew speedily initially as it attracted mainstream users that characteristically were apprehensive of technology. To the majority of consumers, this service was important in order to use the internet on the TV. In my opinion, the product simply failed to generate reasonable revenue to Microsoft and therefore, it was scrapped. This product failed since the market was not entirely ready for its functionalities.
Apple NewtonApple Newton was launched in 1993 at a time that Apple anticipated that the market was ready for innovative technology. The product was officially referred to as the MessagePad, though it was popularly referred to as Newton. In my opinion, this product failed because it was overpriced at $700 to $1000, and technically faulty. This product came before its time, and no wonder it formed the launching pad for the contemporary PDAs, MacBook Pros, iPhones, and iPods.
Sony BetamaxThe Sony Betamax was launched in 1975. It faced stiff competition from JVC’s VHS, which prevailed in the market. However, in my opinion, since the Sony Betamax was superior in technical superiority, there must have been other reasons as to why the JVC’s VHS prevailed over it. There were some licensing issues that impeded the growth of Betamax and facilitated VHS to establish itself in the market. The tapes from Betamax lasted for one hour and therefore, inadequate for recording movies, while the VHS tapes lasted for three hours.
Earring Magic KenEarring Magic Ken was initially a celebrated doll. However, negative publicity from, The New York Times, People magazine, CNN, and talk-show hosts created its early demise. In my opinion, the doll faced controversy because of its unconventional ideal of masculinity.
The Ford EdselThe Ford Motor Company is respected worldwide in the automobile industry. However, the company made a historical flaw in launching the Ford Edsel. There were huge publicity campaigns in preparation for the launch of Ford Edsel. Car showrooms were packed with interested visitors. In the initial week of the launch, approximately three million visitors visited the Edsel showrooms. However, in my opinion, in the perceptions of the public, Ford Edsel simply failed to meet their expectations.
DeLorean CarThe DeLorean DMC-12 was expected to be ahead of its time. It featured in several movies. However, it failed to impress the automobile market. In my opinion, regardless of the enormous financing of approximately $200 million, the DeLorean car failed as a result of absence of consumer interest, expensive production, and hostile exchange rates. ReferencesAdrian, G. (2005). Advantage of Integrity: Creating Competitive Advantage Industry, Layton: Gibbs Smith.
Aaker, G. (2000). Brand Personality Dimensions, Marketing Research Journal, 34(2),347.
Bayraktar, D. (2007). Competitive Advantage in the Fashion Industry,” London: Macmillan.
Murphy, J. (2004). Brand Strategy. England: Prentice Hall Inc.
Hartley, R. (2002). Marketing Mistakes. London: Wiley
Difference between contributory and comparative negligence
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Difference between contributory and comparative negligence
Contributory negligence is a defense to a claim of negligence where a defendant argues that, it is the plaintiff’s act or omission which has to a large extent contributed to the damage occasioned. This type of act or omission is of such a nature that it is proper to describe it as HYPERLINK “http://www.duhaime.org/LegalDictionary/N/Negligence.aspx”negligence. It is applied where both the defendant and the claimant are both guilty of negligence materially contributing to the injury. In Badger v Ministry of Defense [2005], a company had employed a boiler who during the course of his work was exposed to asbestos. The asbestos caused him to develop asbestosis where he developed lung cancer and eventually died. The defendant was smoking and therefore contributed to this negligence that resulted to his death. The court held that the defendant was not careful enough for his own safety and could therefore not recover any damages (White 2002).
Comparative negligence on the other hand is a rule of law that is applied in cases of accident. It is used to determine the responsibility and damages in an accident which is usually based on the negligence of all parties to the accident. It is also called non-absolute contributory negligence. It reduces the amount of damages that a plaintiff is awarded in a claim of negligence. When this defense is used, the court must make a decision on the degree to which the negligence of the plaintiff combined with negligence of all other actors relevant to the case in question contributed to the plaintiff’s damages. In real sense this doctrine has a modified the doctrine of HYPERLINK “http://en.wikipedia.org/wiki/Contributory_negligence”contributory negligence which does not allow award of damages to a plaintiff who has negligently contributed to his loss (Caroll, 2009).
Contributory negligence was historically a common law defense for in tort case. If two people were involved in an accident, the person injured could recover for his/her injuries and damages only if they did not in any way contribute to the accident. This was based on a doctrine that established that a person whose negligence caused injury to another person could not be held liable if the injured person contributed in a way to his own injury. This could be so even if it was a very small factor that contributed to the loss. For example, if John and Jane were involved in an accident and Jane suffered some injury, and Jane was at fault to an extent of 5%, she would get no recovery in damages. This method has harsh results and has resulted in most states moving from the strictness of pure contributory negligence to form of a comparative negligence system (Caroll, 2009).
In a comparative negligence system, the claimant could still recover a part of his or her damages. This is not withstanding the fact that she caused the accident through some of her actions. I.e. she recovers even though he or she was in part to blame for the accident. A Claimant’s recovering financially could be reduced, or denied. This is dependent on how claimant’s actions contributed to the accident. If a state is using a comparative negligence system, a judge decides the proportion of blame assign to each party. In Walker v. Maine General Medical Center, 2002, the issue involved a claim of medical malpractice.. The widow of a patient who died said that the court have given her $1.2 million as damages for the death of her husband. The court apportioned damages using the principle of comparative negligence according to the extent of negligence of each party (White 2002).
In this case where the physician advised his patients that an X-ray was necessary to determine whether or not his tibia had been fractured and because of the cost of the procedure, the patient refused and the patient then sued the physician stating that he had been negligent in not ordering an X-ray qualifies as comparative negligence. This is because in Comparative negligence, compensation to be made is determined based on a comparing the defendant’s negligence with that of the claimant. The claimant does not recover any damages as a result of her contribution to her injury. No negligence was on the part of the doctor as he advised the patient of the dangers of not having an X-ray.
References
White. L. Duncan, G. (2002). Medical-surgical nursing: an integrated approach Edt2. Stamford. Cengage Learning.
Carroll. R. (2009) Risk Management Handbook for Health Care Organizations Edt 5.River Street, Hoboken U.S. John Wiley and Sons.