Liebeck vs Mcdonalds - Free Essay Example

Sample details Pages: 6 Words: 1740 Downloads: 6 Date added: 2017/09/14 Category Business Essay Type Compare and contrast essay Did you like this example? Introduction This assignment is regarding the Liebeck vs McDonalds case back in 1992. The issues involved are discussed thoroughly as well as the difference between consumer protection laws in Malaysia and also the United States where the case took place. This assignment will also discuss the implications of the case and also businesses/consumers responsibility when handling accident prone products. Don’t waste time! Our writers will create an original "Liebeck vs Mcdonalds" essay for you Create order Question 1 Major issues 1. The 180 degrees coffee caused full thickness or third degree burns to Liebeck’s skin. percent of her body suffered the third degree burns and 16 percent suffered lesser. The incident caused her to be hospitalized for eight days followed by two years of medical treatment. She lost almost 20% of her bodyweight due to the incident. After having to go through skin grafting and debridement, it would not be entirely wrong to assume that Liebeck also suffered tremendous emotional trauma especially since accident happened at the age of 79. 2. Carelessness of Liebeck in handling the coffee cup also plays a major role in the accident. It would be totally understandable if the incident happened to a kid below 5 years of age. Liebeck who has lived for 79 years at the point of accident should have known better than to rush into putting cream and sugar into the hot coffee in the car right after she bought it. The cotton sweat pants that Liebeck was wearing could indicate that she was in no hurry to go anywhere. 3. Prior to Liebeck’s lawsuit against McDonalds, there were more than 700 claims by people who have been burnt by the coffee and some reportedly suffered similar third degree burns. The documented complaints show that McDonalds chose to turn a blind eye and continued to serve their coffee at 180 degrees as they claim that it is the temperature to maintain optimum taste. Later in the case, McDonalds also argued that people generally buy the coffee on the way to work or on the way home. Hence, the coffee would have cooled to a lower temperature by the time they reach the office or home. 4. The accident did not only cause physical and emotional pain for Liebeck but she was also financially scarred as the family thought she was due about $2000 for out-of pocket expenses. This amount was hefty as she earned $5000 a year as a Sales Clerk. Her daughter who had to stay at home to look after her suffered loss of wages. 5. If McDonalds insisted to keep serving their coffee at 180 degrees to maintain the optimum taste, the least they could have done to protect their customers was to enlarge the â€Å"Caution:Contents Hot! † sign on the coffee cup. The tiny warning print is almost invisible to the naked eye. One who is hungry or particularly craving for morning coffee could have easily overlooked the miniature sign. 6. McDonalds was quick to turn down the $2000 Liebeck asked for her expenses. The family said that they were only offered $800. McDonalds clearly wanted to wash their hands off the case. When they saw an opportunity to file a lawsuit against others, they were quick to jump on it as they did with the Mccurry case in Malaysia. Question 2 In regards to this case, McDonalds should have served their coffee at a lower temperature such as between 135-160 degrees. Even though they argued that the 180 degree is the optimum temperature for their coffee, they should have realized their responsibility to serve good coffee and yet protect their customers at the same time. They should have realized this after the first accident that was reported to them and not still ignore the demand to reduce the temperature 700 cases later. As a huge franchise, McDonalds should be more sensitive towards consumer complaints as their margin of profit relies on customers’ satisfaction. If they still insist on serving the coffee that hot, they should really consider making the caution sign noticeable. A bigger, bolder and more obvious color such as red would not cost them more than the tiny caution sign they are currently using. Liebeck was 79 when the incident happened. One would assume that she would not have noticed the caution sign printed on the cup. Perhaps if the styrofoam cup had a coffee sleeve/collar, then the older generations’ mind could have processed the information that the coffee was hot and they should be careful faster. In this case, McDonalds showed no responsibility and completely disregarded their customers’ needs. If they would have listened to customers concern in regards to the temperature, they would have done the necessary to protect them. They can serve the coffee at 180 degrees (as they claim customers like it that way) and also protect them at the same time. McDonalds was not totally at fault in this case. Liebeck would have avoided the accident if she was more careful while handling the coffee. She had difficulties in opening the lid of the cup during her initial attempt. She completely disregarded her own safety by placing the cup in between her legs and tried to open the lid then. After the failed attempt, she should have waited until she had gone home for her to drink the coffee or she should have asked her grandson to do it for her. Being in shock is natural in her circumstances but she stayed in her seat for a good 3 minutes before jumping off. By then the coffee had already absorbed which led to her third degree burns. As customers and also humans, we are responsible for our own actions. Despite McDonalds ignorance towards their customers safety, accidents can be avoided if customers are vigilant. When we buy products such as hot coffee, we should be mindful and responsible. Question 3 If I had been a juror in this case, I would have voted against Liebeck. As sorry as I feel for her condition and circumstances, she should not have tried to handle the coffee in the car given her age and physical condition hen. Pity should not be an element of judgment in the court of law. I would not have let McDonalds go just like that but I would also not have voted for compensatory damages for $200,000. The compensatory damages were 100 times more than the amount that she asked for in the first place. People should be responsible for their own recklessness. If we feel that the coffee is too hot, we can always choose not to buy it rather than buying it and hurting ourselves with it. Question 4 This case was like a poster child for product related lawsuits. Negligence cases blaming product malfunction bloomed like mushrooms after rain following this case. Take Rhyne vs Kmart Corp for instance. The Rhynes were awarded an astounding 23 million for punitive damages. The amount is rather absurd considering that the fact that the Rhynes were trespassing Kmart after hours going through the garbage in the first place. Civil suits has somewhat become a trend in the United States. They live in a litigating society where filing for lawsuits is something they come across or hear on a daily basis. As bizarre as we think it sounds to award somebody 23 million for trespassing, this is not entirely the citizen’s fault. Consumers are protected by the Consumer Product Safety Act 1972 by United States Congress to protect them against unreasonable risk of injuries associated with consumer products. Section 2 of the Restatement (Third) of Torts: Products Liability distinguishes between three major types of product liability claims which are manufacturing defect, design defect and failure to warn. All of the mentioned claims can be used by consumers to file lawsuit against manufacturers even for petty injuries. It’s safe to say that manufacturers have a duty to protect consumers one way or the other. This is not only for the United States. In Europe, the Donoghue vs Stevenson [1932] AC 562 was a decision of the House of Lords that established the modern form of the tort of negligence in English and Welsh law, and in Scots law, by setting out general principles whereby one person would owe another person a duty of care. Fortunately or unfortunately, we do not live in that type of society. Product negligence lawsuits are almost unheard of in our society. In our court of law, cases that usually attract public attention usually involve crime and defamation. In Malaysia, people are less willing to bear legal fees to aid the trial that sometimes can take up to 10 years. Here in Malaysia, we are not completely protected by consumer protection acts as securely as American citizens are by their State law. The Consumer Protection Act which was enforced on 15 November 1999 is seldom relied upon by our people. Based on the Product Liability article by Shearn Delamore, Malaysians are still leaning towards common law tort of negligence. Further to that, whether a failure to warn gives rise to liability depends on the circumstances. For example, if a product exposes the consumer to a high degree of danger, a failure to warn the consumer of the danger may be negligent. On the other hand, if the danger is obvious to the consumer, then a failure to warn the consumer may not be negligent. Hence, if the Liebeck was tried in our country, she might not have been awarded the punitive damages as she was in the United States. Conclusion In conclusion, this assignment has showed us the vast difference an act or law could have on a society. Without the specific rules and regulations for consumers and lawyers to abide to, there would not be a foundation strong enough for consumers to fight on. As consumers, we are entitled to get what we have paid for and for us to be compensated if it was proven that the service or quality did not meet our expectations. Hence, our Consumer Protection Act 1999 should be strengthened so that our consumers in Malaysia would have a sturdy act to rely on. REFERENCES Journals Shearn Delamore Co. The International Comparative Legal Guide to : Product Liability 2006 Books Peter B Maggs. Recent Developments in Product Liability Law in USA. Springer Netherlands Doctoral Dissertations Ruzian Markom: Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Selangor. Enhancing Consumer Protection Law in Malaysia:A brief comment to the consumer protection bill 1999. Online Articles https://www. cljlaw. com https://www. lectlaw. com/files/leg11. htm https://en. wikipedia. org/wiki/Liebeck_v. _McDonalds_Restaurants https://www. cooter-ulen. com/tort_liability. htm#Coyote v. Acme https://www. aoc. state. nc. us/www/public/coa/opinions/2002/001516-1. htm

When America entered into World War II, several major...

When America entered into World War II, several major league baseball executives started a new professional league with women players. They created a new league in order to maintain baseball in the public eye while the majority of men were away. The All-American Girls Professional Baseball League was founded by Philip K. Wrigley which existed from 1943 to 1954. During the leagues history, over 600 women played ball. AAGPBL players were recruited from all over the country and Canada through the Cubs’ scouting network (Fidler, 2006). Players’ hitting, catching, fielding, throwing, and running skills were thoroughly evaluated before players were invited to regional tryouts or to sign a contract. Forty-four percent of the players were†¦show more content†¦The female apologetic suggests that female athletic involvement is tolerable as long as traditional notions of femininity are present (Pierman, 2005; Roth Basow,2004). The AAGPBL had to present femininity to th e public by wearing feminine uniforms, having charm, and code of conduct. The overall look of the uniform was intended to remind fans that they were not only watching real baseball, but real girls (Draeger, 1997). Players were issued an 11-page â€Å"Guide for All-American Girls: How to Look Better, Feel Better, Be More Popular† along with a beauty kit (Charm School). They were given instructions in putting on makeup, how to get in and out of a car gracefully, how to speak correctly, and how to make proper conversations in social settings (Fincher, 1989). Clothing guidelines were issued, as well as a 10-step suggested beauty routine for after the games. Many females were denied from being able to join the AAGPBL if they looked masculine. Back then, being labeled masculine as a female meant they did not meet the expectations of beauty. This raised the question of, whether or not the exclusion of the masculine looking athletes compromised the power statistics of the league. The answer to this question still remains unknown because it is controversial. Joining the All-American Girls Professional Baseball League brought a new opportunity for females. 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Eve Teasing Free Essays

Eve teasing Eve teasing is a euphemism used in India and sometimes Pakistan, Bangladesh and Nepal for public sexual harassment or molestation of women by men, with use of the word â€Å"Eve† being a reference to the biblical Eve, the first woman. It implies that the woman is in some way responsible for the behaviour of the perpetrators of this act. Considered a problem related to delinquency in youth, it is a form of sexual aggression that ranges in severity from sexually suggestive remarks, brushing in public places and catcalls to outright groping. We will write a custom essay sample on Eve Teasing or any similar topic only for you Order Now Sometimes it is referred to with a coy suggestion of innocent fun, making it appear innocuous with no resulting liability on the part of the perpetrator. Some voluntary organisations have suggested that the expression be replaced by a more appropriate term. According to them, considering the semantic roots of the term in Indian English, Eve teasing refers to the temptress nature of Eve, placing responsibility on the woman as a tease. Sexual harassment by strangers, as with any type of harassment, has been a notoriously difficult crime to prove, as perpetrators often devise ingenious ways to harass women, even though eve teasing usually occurs in public places, streets, and public transport. Some feminist writers claim that this behaviour is a kind of â€Å"little rape†. Some guidebooks to the region warn female tourists to avoid attracting the attention of these kinds of men by wearing conservative clothing. However, this harassment is reported both by Indian women and by conservatively dressed foreign women. Contents History The problem first received public and media attention in 1960s. In the following decades, more and more women started pursuing college and working independently, meaning that they were often no longer accompanied by a male escort as had been a norm in traditional society. In response, the problem grew to alarming proportions, despite this not being the case in other cultures where women go and come as they please. Soon the Indian government had to take remedial measures, both judicial and law enforcement, to curb the practice and efforts were made to sensitize the police about the issue, and police started rounding up eve teasers. The deployment of plain-clothed female police officers for the purpose has been particularly effective, other measures seen in various states were setting up of Women’s Helpline in various cities, Women Police stations, and special cells by the police. Also seen during this period was a marked rise in number women coming forward to report cases of sexual harassment due to changing public opinion against this practice. In addition, the severity of these incidences grew as well, in some cases leading to acid throwing, which in turn led to states like Tamil Nadu making it a non bailable offense. The number of women’s organization and those working for women’s rights also saw a rise, especially as this period also saw a rise in reports of bride burning. The increase in violent incidents towards women meant previously lackadaisical attitudes towards women’s rights had to be revised and supported by law. In the coming years, such organizations played a key role in lobbying for the passing of legislation designed to protect women from aggressive behaviour from strangers, including ‘The Delhi Prohibition of Eve-teasing Bill 1984’. The death of a female student, Sarika Shah, in Chennai in 1998, brought some tough laws to counter the problem in South India. After this case, there has been about half-a-dozen reports of suicide that have been attributed to pressures caused by this behaviour. In February 2009, female students from M. S. University (MSU) Vadodara assaulted four young men near the family and community sciences faculty, after they passed lewd comments on a girl student staying in SD Hall hostel. Many other cases go unreported for fear of reprisals and exposure to public shame. In some cases police let the offenders go, after public humiliation through the murga punishment. In 2008, a Delhi court ordered a 19 year old youth, after he was caught making lewd remarks to passing females, to distribute 500 handbills, detailing the consequences of indecent conduct, to youngsters outside schools and colleges. Depiction in popular culture Some depictions in Indian cinema shows mild teasing as a part of flirtatious beginnings of a courtship, along with the usual accompaniment of song and dance routines, which invariably results in the heroine submitting to the hero’s advances towards the end of the song, and young men tend to emulate he example, depicted so flawlessly on screen and which gave rise to the Roadside Romeo which even made it a film version in Roadside Romeo (2007) (Starring Saif Ali Khan). It also has been popularly depicted that when a girl is teased in this way, the hero will come and beat the guy up, such as in the Telugu films Madhumasam and Magadheera and also the Hindi film Wanted. Nowadays, this issue is also featured in Indian televis ion soaps. Legal redress Though Indian law doesn’t use the term ‘Eve Teasing’, victims usually seek recourse through Section 298 (A) and (B) of the Indian Penal Code (IPC), which sentences a man found guilty of making a girl or woman the target of obscene gestures, remarks, songs or recitation to a maximum jail sentence of three months. Section 292 of the IPC clearly spells out that showing pornographic or obscene pictures, books or slips to a woman or girl draws a fine of Rs. 2000 with two years of imprisonment of either description for first offenders. In the case of a repeated offence, the offender may have a fine of Rs. 000 with five years imprisonment imposed. Under Section 509 of the IPC, obscene gestures, indecent body language and acidic comments directed at any woman or girl or exhibits any such object or intrudes upon the privacy of woman carries a penalty of simple imprisonment for one year or a fine or both. The ‘National Commission for Women’ (NCW) also proposed No 9. Eve Teasing (New Legislation) 1988. The Indian Parliament is currently considering The Protection of Women against Sexual Harassment at Workplace Bill, 2010, which would add protections for female workers in most workplaces. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012. As of September 2012, it has not been passed by the Rajya Sabha (the upper house of the Indian Parliament). Public response The Blank Noise Project’s intervention on Majestic bus stand, against Eve Teasing. ‘Fearless Karnataka’ or ‘Nirbhaya Karnataka’ is a coalition of many individuals and groups including ‘Alternative Law Forum’, ‘Blank Noise’, ‘Maraa’, ‘Samvada’ and ‘Vimochana’. After rise of eve teasing cases in 2000s, it organized several public awareness campaigns, including ‘Take Back the Night’, followed by another public art project titled, The Blank Noise Project, starting in Bangalore in 2003. A similar program to fight eve-teasing was also hosted in Mumbai in 2008. In Delhi, one of India’s most dangerous cities for women, the Department of Women and Child Development established a steering committee in 2009 to prepare the city for the Commonwealth Games to be held in 2010. In Mumbai, Ladies Special trains have been introduced to allow women working and studying in the city to travel without the fear of being sexually harassed, for the length of the journey at least. Given that the number of women needing to travel has doubled since 1995, there is a very strong demand for these kinds of services. Today â€Å"Ladies Special† Compartments are present in all local trains of the big cities. In other trains, ladies are advised to travel in AC Coaches as these would be free of the economically poor and socially backward men. How to cite Eve Teasing, Essay examples

Reflective Journal on Team Building and Leadership

Question: Discuss about theReflective Journal on Team Building and Leadership. Answer: Introduction Team building is a complex and time consuming. Leader in an organization plays a very important role as the management of the organization and the entire team is the responsibility of a team leader. This journal helps in reflecting the learning and relates the theories of leadership and team building so that the leader can apply it on their self. The aim of this essay is to discuss the role of leaders in an organization and the theories related to team building and leadership. The journal expresses the personal viewpoint of the author as to what type of manager or a leader that person is and what it aims to be in next five years. It addresses the personal viewpoint and the role of a manger or leader in the organization. Reflecting on the role played in the past helps in understanding the inner strengths and weaknesses and improves the communication skills and performance. This paper will reflect the role of the manager or a leader that I played in an organization. It will also reflec t on the skills that I used to build a team. It helps the person reflect from the experiences so that it can be improved in future. A person learns from its experiences. Body Leadership is a skill that an individual possesses to lead an entire team and guide them for their work to achieve the goals and targets of the organization. In a workplace, the role of the leader is to manage the employees and coordinate the work between the management team and individuals working in an organization (Daft, 2014). I was a team leader in a company named ABC private limited, which is a marketing and sales company in Australia. I had joined the company in the year 2012 as a marketing and sales person and now I hold a position of a team leader. Our team consists of eight members where each member has a role to play. The role that I play is that of handling the team, motivate them, guide them and evaluate whether the team is exhibiting good performance and is able to fulfill the organizational objectives. From the experiences, I have learned that the most important role of a leader in an organization is to help the employees improve productivity and performance of the org anization. The success of the team lies in the hands of a leader. It is hence very essential for a leader in an organization to be efficient so that he or she is able to effectively manage the team. While handling the team in marketing and sales company I learned various things that helped me develop my professional skill. According to Dyer Dyer, (2013) a leader is important at all stages of management. At lower levels, the role of a leader is to execute the plans laid by the top managers and at top level, the role of a leader is to coordinate the activities. A leader is a representative of the organization or a team. His role is to put forth the queries faced by the team to the managers and effectively solve them so that the productivity of the organization is not hampered. A leader attends the meetings, conferences on then behalf of his team and represents them in various functions and events. I have represented my team in various occasions. From the experience, I learned that it is necessary to represent the team in a positive way so that the managers are able to notice the hard work that the members put in. The role of a leader is also to coordinate the organizational goals to personal goals. The efforts of employees are integrated to accomplish the objectives of the organization (Goethals et al., 2014). From the experiences, I learned that the main role of a leader is to help the organization increase its productivity and performance by properly managing the entire team and its members. For the management of the entire team a leader is required to have various traits and skills. The most important skill for a leader in an organization is that of effective communication (Schoemaker et al., 2013). A leader is required to effectively communicate the strategies, goals and plans to its team members and managers. Communication also helps in solving the problems that the members face by properly communicating the queries to the person concerned. The leader should also have skills of motivating and inspiring its team members. This is one of the most important skills that a leader should posses. The team members should be motivated to work hard towards achievement of goals of the organization. A leader is the one that creates vision for the future and sets a path for the employees. A leader is also required to be a good decision maker in the organization. A problem can arise anytime and at any situation in an organization. Hence, it is essential for the leader to have skill to solve the problem effectively. A leader should also have a skill to make important decisions and think strategically. A leader is honest and transparent in its work that is able to display high integrity. A leader is also the one who is enthusiastic and energetic in their work (Tyssen et al., 2014). The main aim of a leader should be to build a star team and not a team of stars. According to Du et al., (2013), every individual has different professional skills and intelligence in an organization. Hence, it is the duty of a leader in an organization to acknowledge the field of expertise and specialization of each individual in a team and then divide the work accordingly. The main tool that led my team to achieve success was diversification of the work within the team on the basis of specialization. The talent and skill of each individual in the team was acknowledged and understood by the leader and the work of marketing and sales was divided accordingly. The members expert in the field of sales was given the job of handling sales operations while the ones who were effective in marketing operations were allotted that job. This strategy helped to complete the work efficiently and in short period. Due to specialization of the work, the experts were also innovative and creative in th eir operations. Hence, the organizational goals and objectives were achieved easily without much difficulty. Different organizations have different types of leaders. As opined by Johansen, (2012), there are five types of leadership styles. First, one is laissez-faire leadership style where the leader has no direct control over the team members and does not provide regular feedback for the supervision. Under the laissez-faire leadership style the team members are highly trained and professionally skilful who require very less supervision. Laissez-faire leadership style is actually a system where actually, no leader is required and the team requires no control (Goleman et al., 2013). The second type of leadership style is autocratic leadership styles where the managers make the decision without the assistance of others. Managers acts as leaders in autocratic leadership style. It is effective for the employees who require close supervision to the work. The third type of leadership style is participative leadership style where the leader plays an essential role in the supervision and management of team. Participative leadership style is also known as democratic leadership style. The leaders understand the problems of the employees and work in coordination with them. The leader and employee together work to achieve the goals and targets of the organization. Employees are also a part of decision-making process and hence are motivated to do the work (Aga et al., 2016). Another type of leadership style is transactional leadership where the leaders are given certain tasks and are judged based on performance. They are provided rewards or punishment based on their performance. Employees follow the directions of the leaders and the employees and leader together set the goals that they are to achieve. The last type of leadership style is transformational leadership style where the leaders depend on high communication skills to meet the goals. The main role of a leader is to motivate employees to enhance the productivity of the organization (Avolio Yammarino, 2013). In ABC private limited company my operations was categorized under transformational leadership style as the main role that I played as a leader was that is motivating employees and guiding them to achieve the goals, targets and enhance the productivity of the organization. The job was a target-based job where the employees are required to achieve hundred sales per month. This is the reason why transformational leadership style is preferred so that the employees are motivated to fulfill their target. The employees are also an important part of the organization and are included in decision-making process. Hence, at various times the leadership style is also categorized under democratic leadership style. From the experiences, it is understood that the autocratic or authoritative leadership style discourages production and makes the operations more complex. Hence, it is feasible and viable to follow transformation and participative leadership style. While working as a leader in ABC private limited in Australia I had faced various problems. The main problem was that of handling the team and the operations in the organization. From the experiences, I learned that a leader should be efficient in handling any situation and solve the problems without hampering the interest of any one. Reflection of the experiences helps in rectify the issues and mistakes committed in past. There were few mistakes that I had done while working as a leader. The first mistake was building too friendly nature with the team members. Because of this, the team members did not value my order. This led the productivity to decline. Realizing the mistake I became authoritative in my operation that again helped is restoring the lost productivity. The second issue was lack of motivation. The team members were not motivated. This issue was to resolve soon which was resolved by hiring a motivational speaker who could motivate workers to work hard. Due to conflictin g schedules and workloads, the team members were not being able to delegate the task on time. This hampered the productivity of the organization. Hence, the main issue was to solve the problem as soon as possible. This was solved by strategically thinking and formulating plan that could solve the issue effectively. The skills and capabilities learned from the experiences will help in managing the team more effectively in future. Upon reflection, it reflects that I need to be more enthusiastic and enhance my communication skills in order to improve my leadership skills. Concentration on these two skills is likely to promote my position from a leader to a manager. Communication plays an essential role and is an important tool where the success of the business lies. For effective team building coordination of employees and team members is very much essential. Conclusion Hence, upon reflection it can be concluded that the role that I have of a leader in marketing and sales company helps in learn a lot from my experiences. It has helped me learn that there are various leadership skills and traits that are essential to effectively manage the operations and the work. It depends on the leader to exhibit it skills in order to manage the team effectively. The team leader is responsible for managing the entire team. Team building depends on the team leader. It is essential for the leader to build a star team and not star of team members. Choosing one leadership style to handle the operations is essential for effective management of the organization. Upon reflection, I learned that following transformational and democratic leadership in marketing and sales company would help in achievement of organizational goals and targets. References Aga, D. A., Noorderhaven, N., Vallejo, B. (2016). Transformational leadership and project success: The mediating role of team-building.International Journal of Project Management,34(5), 806-818. Avolio, B. J., Yammarino, F. J. (Eds.). (2013).Transformational and charismatic leadership: The road ahead. Emerald Group Publishing. Daft, R. L. (2014).The leadership experience. Cengage Learning. Du, S., Swaen, V., Lindgreen, A., Sen, S. (2013). 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