Supply Chain Management Essay Example | Topics and Well Written Essays - 2000 words - 1

Supply Chain Management - Essay Example A Brief History of Nissan: The process of business within the 21st century has developed to a remarkable extent(Davies, 2004). Facing fundamental issues with cost and levels of continued business growth, Nissan’s European division chose to integrate with its supply chain as a means of evoking positive change. Nissan therefore reviewed the issues that their supply chain engendered and sought to evoke a further level of efficiency from it. Supplier Initiative/Management Initiative: 1: Referenced Definition of Supplier Development Some of the points that can be taken away from this particular case are with regards to definitions of supplier development, the different foundations which need to be put in place as a means of improving the initiatives that were engaged, a clear delineation of the objectives of the customer and supplier may seek to achieve from such improvement initiatives, the role of leadership within Nissan and how this impacted upon the supply-chain management tha t took place, the way in which commonality of purpose was achieved between the suppliers and Nissan, the performance measurements that were used as metrics, a close discussion of supply improvements that were engaged, the risks and benefits of engaging in such an initiative, mistakes that can be learned from, and future trends that are likely to be evidenced within other branches of Nissan; as well as throughout the industrial world. 2: The foundations which need to be in place to enable the improvement initiatives between customer and supplier contained in the case to take place Firstly, it must be understood that with regards to supplier development, Nissan fundamentally engaged in a redefinition of the way in which this process was previously affected. Through an internal investigation with regards to efficiency and the means through which product was provided, Nissan came to the clear understanding that if further profitability and viability of the brand was to be effected, a fu ndamental shift with regards the way in which products were supplied must be effected. As such, a reintegration with the definition and approach to supplier development was necessitated and affected. Supply Chain Management: As a function of the difficulties that have thus far been defined, Nissan Motor Company found it necessary to engage directly with the suppliers and enter into a new form of cooperation and communication that they term as COGENT. Within this particular approach, Nissan sought a level of oversight with respect to the design process and final production of the components that would eventually make their way into Nissan automobiles within Europe (Ludwig, 2010). Instead, COGENT was engaged as a means of overseeing and reviewing the supplier process. Nissan co-development initiative (COGENT) Realizing that the major drawbacks of the other approaches that they could take would place little incentive or integration within the actual supply mechanisms of Nissan, the Co- development init

Hunger in America by Richard Mitchell Essay Example | Topics and Well Written Essays - 250 words

Hunger in America by Richard Mitchell - Essay Example It is not their fault given that they are â€Å"mentally ill† thus advocating critical thinking as the cure for fundamental literalism will not help. It is like asking a physically challenged person to run. 2. Response Bill Barnhart’s son did not have cheerios and grape juice for his last meal. In my understanding, the story of Bill Barnhart is an allegorical one, which is given to show that reading (cheerios and grape juice) for fundamental literalist (hungry people) does not provide a solution to their problem (hunger). The hunger from which Bill Barnhart’s son suffered from is the mindless, non-attentive, non-judicious and non-reflective reading of language. Eating the meal made of cheerios and grape juice was supposed to relieve him his hunger, rather he died after eating. Thus the meal of cheerios and grape juice should be taken as the medicine that fundamental literalists take when they are hungry. It is therefore not true (False) that Bill Barnhart’ s son took cheerios and grape juice for supper.

Niche Bakeries Essay Example for Free

Niche Bakeries Essay Niche bakeries are becoming more popular though the last few years. These types of bakeries specialize in a certain type of baked goods and showcase them for their customers as well as having other types of more common baked goods available. This is the type of business that I would create. My niche bakery would specialize in individual cupcakes and pies as well as baking larger cakes and pies to order. Local customers will consist of area residents, business owners and students that can easily walk over to the bakeries location while on lunch break or after school and work to purchase what they want, and with the Internet available, I can expand my consumer base and ship my goods all over the United States. Customers can place their orders online, and I will be able to ship the product to their door. The area in which I reside does not have a type of bakery like this. We currently have a Wal-Mart and a Kroger’s Grocery if we want to purchase baked goods. While they are both good and they are also cheap considering their product, my bakery would offer a fresh home baked quality of product that could offer them some competition. I would say in this area, my niche bakery would be a monopoly market as that it would be the only one in this location. I would be able to set the prices for my product but would still need to keep in mind that if the price is too high, my potential customers will go back to purchasing their goods from the grocery chain bakeries. Looking at a broader area as with the Internet, I could say that I am in a monopolistic competition. Each niche bakery that sells baked goods such as this have relatively the same pricing, no one business sets the price for the other businesses. It is still a smaller industry but there are others in which I must compete for business. So advertising and a well made website will figure prominently in showcasing the goods I am selling in the best possible light. Elasticity of demand in a bakery is very important to know. If the price of ingredients goes up, the bakery owner must adjust for this increase. The higher the price elasticity of the product the less volume of the product that will be output, if for instance the demand for the product was highly elastic, then it wouldn’t make sense to increase the price of the product. The company would lose business because of this. Below in figures 1A and 1B is data that has been taken from the Bureau of Economic analysis from three different industries that are related to the niche bakery business. Between the years of 2007 to 2011, there shows a decrease in the earlier years but an increase within the year of 2011of growth in the food service and food and beverage industries. The retail industry has show a sharp increase and decrease in these years. Taking into consideration the growth in each of the food industries though, I can make the assumption that this is a business that could flourish and grow with the right type of marketing, promotion, and sales products. In looking at this type of business for my area, I have talked to some of the local residents and have found that they were amenable to a new specialty bakery in the area. This impromptu survey showed that the residents in the area expressed an interest in purchasing baked goods that were of homemade quality rather than mass produced market products. Increasing Revenue In order to increase revenue in this business, there are several things that would be necessary. Below are charts and tables regarding costs and revenues showing where breakeven points are and where profits can be made. However, one way to increase revenue, is to offer something the bigger superstores in the area are not. Make the product stand out by creating those special items like fruit compote filled cupcakes, special flavors not normally offered by the larger stores like Orange flavored cupcakes. Even offering some gluten free and vegan types of baked goods can bring in increased  revenue. Another way to increase revenue is to offer free samples; welcome customers in with a smile and offer them a free sample of some of the products available. By doing this, the customer can get an idea and a taste of the product and if they like it they may turn into a return customer and bring others with them. Also, offering a loyalty program can help to keep repeat customers coming in. Using a stamp card that offers a free product after so many purchases is one such loyalty program that other bakeries have used in the past that have worked. And in a small town region such as the one I live in, being a part of the community can go a long way to getting the name of my business out there and creating a customer base that can increase my revenue. People are more apt to purchase products from someone they know in order to help support businesses in the community. Profit maximizing Determining the profit maximizing quantity shows the incremental changes in profit for a company’s product. In calculating the profit maximizing quantity I will need the sales and expense reports for my proposed business. From this is can gather the profits at each level of sales. These numbers can then be calculated to show the marginal profit for each incremental change in profit. The marginal profit is defined as the change in profit for each additional unit sold. We can then use this information to determine the maximizing quantity. This is the amount that can be sold before the marginal profit starts to recede into the negative. By doing this I can figure out how much of a discount I could give on my products if they were bought in a bulk batch. For example if someone wanted a several dozens of cupcakes or miniature pies for a party. Marginal Costs and Marginal Revenue Marginal costs and revenues are used to find out how much it will cost to product additional units of goods for a company. I could use this as a way to figure out my total costs I would need to produce a product in my bakery. For instance below in Figure 1C I have created a chart to calculate the total revenue, marginal revenue, marginal cost and profit of different quantities of one type of cupcake. For this data I used a fictional total cost of 0.91 cents. This is what I figured it would cost to make just one  cupcake. From there I was able to calculate each of the columns using the formulas in Figure 1D. Figures 1E shows the startup costs and the estimated monthly costs of running a niche bakery of this kind. Figure 1F and 1G show the total fixed costs, total variable costs, the total cost and total revenue as well as the profits to be made in a table and a graph. The chart and graph also show the breakeven point. This is the point where that the production of a certain quantity of cupcakes will allow me to break even and then after that be able to show a profit. The breakeven point for the quantity of cupcakes is 6.5 cupcakes which means a profit will start showing at 7 cupcakes with a profit of 31 cents. Pricing and Non-pricing Strategies Pricing strategies that I could use for my bakery would be to offer lower prices on my website to customers that I will be shipping my product to, in location I can keep my prices competitive with other bakeries that are in larger cities. As a way of keeping waste to a minimum I can offer goods that are left over to the next day at half the original price. This was something I saw as a child at a local doughnut shop. The proprietor offered the day old goods at a fraction of a price. He was still making a profit,  but also there was less unnecessary waste because people would buy these up quickly. For non-pricing strategies I would rely on advertising of my product as one that is made with quality ingredients. As well as letting the customer base know that each of the goods available are made from scratch. I do not believe that a barrier can be created or increased because the bakery business has been in the market for a number of years. Also, because it is a niche bakery, it is a branch off the traditional type of bakery. Product Differentiation Some ways to introduce product differentiation would be to make my product with seasonal items and local produce. Where I live we have raspberry and strawberry farms as well as apple, and other fruits. It would be easy to have the produce shipped to the store when it was in season from the local farms, or even picked up to create fillings, jellies, and other sundry items that I could sell in my bakery to the local residents. Cost Minimization Cost minimization would be hard to do in this instance, because I want to retain a quality product from good quality ingredients. I could minimize cost by purchasing my ingredients in bulk. This would give me a lower price per unit of measure. I could also purchase lower end products. However, if I were to purchase lower end products like margarine instead of real butter, this would be a significant drop in cost; however it would also be a significant drop in quality. I believe minimizing cost may not be feasible given the quality of the product. Conclusion Creating a business is a large endeavor not to be thought on lightly. There are many avenues to pursue in order to figure out and find the data needed to find out if the business a person wants to create is the right one for their location and meets the needs of their community. If they do create a business, there are different ways to figure out how to keep revenue coming in and finding ways to create more revenue. Each of the sections of this proposal allowed me to take a better look at the type of business I would consider opening. References Bureau of Economic Analysis. (2012). Retrieved from http://www.bea.gov/iTable/iTable.cfm?ReqID=5step=1 Gaines, M. (2012). Guide to the Bakery Business. Retrieved from http://smallbusiness.chron.com/guide bakery-business-2400.html Isidro, I. (2009). Starting a Bakery: Success in the Niche Food Business. Retrieved from http://www.powerhomebiz.com/blog/2009/10/starting-a-bakery-success-in-the-niche-food-business/ Kimmons, R. (2012). Pricing Vs. Nonpricing Strategies. Retrieved from http://smallbusiness.chron.com/pricing-vs-nonpricing-strategies-14166.html moffatt, M. (2012). Marginal Revenue and Marginal Cost Practice Question. Retrieved fro http://economics.about.com/od/coststructure/ss/revenue_costs.htm

Ethical And Cultural Issues With Social Networking Media Essay

Ethical And Cultural Issues With Social Networking Media Essay It is a network or a social structure made up individuals, organizations or the society at large based on virtues of friendship, business, interests, religion etc. In other words it is the grouping of individuals into specific groups based on common interests/platforms. Although social networking is possible in person, especially in the workplace, universities, and high schools, it is most popular online. This is due to the fact that unlike most high schools, colleges, or workplaces, the internet is filled with countless individuals who are looking to meet other people, to gather and share first-hand information and experiences. Online Social Networking Social networking extended to the virtual space is effectively online social networking. In such a scenario websites are used as a common platform to meet and network and the internet binds all of the together. These websites are known as social sites. Social networking websites function like an online community of internet users. Depending on the website in question, many of these online community members share common interests in hobbies, religion, or politics. Once an individual is granted access to a social networking website he can begin to socialize. This socialization may include reading the profile pages of other members and possibly even contacting them. Making friends is one of the many advantages of such websites. Apart from friends, one can develop professional contacts, share photos, discuss events etc. Another one of those benefits includes diversity because the internet gives individuals from all around the world access to social networking sites. This means that although a person is in London, he could develop an online friendship with someone in China or India. Not only will that person make new friends, but might also learn a thing or two about new cultures or new languages and learning is always a good thing. As mentioned, social networking often involves grouping specific individuals or organizations together. While there are a number of social networking websites that focus on particular interests, there are others that do not. The websites without a main focus are often referred to as traditional social networking websites and usually have open memberships. This means that anyone can become a member, no matter what their hobbies, beliefs, or views are. However, once a person is inside this online community, he can begin to create his own network of friends and eliminate members that do not share common interests or goals. Some of the very popular online networking websites are as follows: Facebook Twitter Orkut MySpace Hi5 LinkedIn Flickr Business Ethics Business ethics (also known as corporate ethics) is a form of applied ethics or professional ethics that examines ethical principles and moral or ethical problems that arise in a business environment. It applies to all aspects of business conduct and is relevant to the conduct of individuals and business organizations as a whole. It changes for every business unit with the passing of time as well as geography. What might be ethical in Spain might be wrong in Nigeria and what might be right in Nigeria may be wrong in India. Therefore, it is the fundamental duty and responsibility of the corporate house to keep such ethical and cultural issues in mind while doing business internationally. Culture in International Business When working in the global commercial environment, knowledge of the impact of cultural differences is one of the keys to international business success. Improving levels of cultural awareness can help companies build international competencies and enable individuals to become more globally sensitive. Facebook Facebook is a social networking website launched in February 2004 that is operated and privately owned by Facebook, Inc., with more than 500 million active users in July 2010. Users can add people as friends and send them messages, and update their personal profiles to notify friends about themselves. Additionally, users can join networks organized by workplace, school, or college. The websites name stems from the colloquial name of books given to students at the start of the academic year by university administrations in the US with the intention of helping students to get to know each other better. Facebook allows anyone who declares themselves to be aged 13 or older to become a member of the website. Facebook was founded by Mark Zuckerberg with his college roommates and fellow computer science students Eduardo Saverin, Dustin Moskovitz and Chris Hughes. The websites membership was initially limited by the founders to Harvard students, but was expanded to other colleges in the Boston area, the Ivy League, and Stanford University. It gradually added support for students at various other universities before opening to high school students, and, finally, to anyone aged 13 and over. The original concept for Facebook was borrowed from a product produced by Zuckerbergs prep school Phillips Exeter Academy, which for decades published and distributed a printed manual of all students and faculty, unofficially called the face book. Year Revenue Growth 2006 $52mn 2007 $150mn 188% 2008 $280mn 87% 2009 $800mn 186% 2010(Estimated) $1100mn 38% Revenues of Facebook over the past 5 years Despite all the fame and success, Facebook has met with some controversy. It has been blocked intermittently in several countries including Pakistan, Syria, Peoples Republic of China, Vietnam, and Iran. It has also been banned at many places of work to discourage employees from wasting time using the service. Privacy has also been an issue, and it has been compromised several times. Mark Zuckerberg Co-founder, Facebook Mark Elliot Zuckerberg is an American entrepreneur best known for co-founding the popular social networking site Facebook. Zuckerberg co-founded Facebook with fellow classmates Dustin Moskovitz, Eduardo Saverin, and Chris Hughes while attending Harvard. As of March 2010, he is the youngest billionaire in the world, with a net worth of US$4 billion in 2010, due to his 24% share of Facebook. Zuckerberg is responsible for setting the overall direction and product strategy for Facebook. He leads the design of Facebooks service and development of its core technology and infrastructure. Earlier in life, Zuckerberg developed a music recommendation system called Synapse and a peer-to-peer client called Wirehog. However, he abandoned both to pursue new projects. Zuckerberg attended Harvard University and studied computer science before founding Facebook. While at Harvard, Zuckerberg created Facemash, a website that compared students dorm photos side-by-side in a fashion similar to HOT or NOT. Harvard administration was not amused, and Zuckerberg faced subsequent disciplinary action. Less than three months later, he launched Facebook. Ethical Cultural Issues with Facebook Egyptian cleric issues fatwa against Facebook Facebook has been under the scanner in many of the Islamic countries due to its inability to tackle the reserved and strict Islamic views on social customs. One such major issue has been the issuance of a Fatwa against it by a top Islamic cleric in Egypt. According to Sheikh Abdel Hamid al-Atras infidelity has increased due to the usage of Facebook leading to a number of divorces in Egypt. He says that Facebook is acting as a tool which destroys family life by encouraging spouses to have relations with other people which is opposed to Islamic law. Mr. Atras former head of the fatwa commission at Cairos Al-Azhar University. While one or other of the spouses is at work, the other is chatting online with someone else, wasting their time and flouting the Sharia. This endangers the Muslim family. According to him Facebook is a double edged sword. On the one hand it has propagated the spread of Islam among the youth but on the other hand it has allowed people forbidden love and relations w hich qualifies them as a sinner in the eyes of Islamic Law. This controversy has evolved a lot of attention in Egypt and many senior clerics have demanded strict action against Facebook including its founder Mark Zuckerberg. The religious leaders also called Muslims using Facebook as sinners and have asked all Muslims to shun the website. This has rendered severe flows to the image and revenues of Facebook, denting its plans of a global presence including the reserved Arab and Islamic nations. The road ahead: Facebook should really device ways to roll out country specific versions of the popular website keeping in mind the ethical and cultural barriers which are the two most important pillars of doing successful international business. It should be extra careful in its roll out plans in Islamic nations which would not digest the liberal ways of facebook very well. Strict regulations should be in place so as to keep the people in check and so that the religious beliefs and practices are kept in place and not played around with. Facebook banned in Pakistan Pakistans government ordered Internet service providers to block Facebook on Wednesday amid anger over a page that encourages users to post images of Islams Prophet Muhammad. The page on the social networking site has generated criticism in Pakistan and elsewhere because Islam prohibits any images of the prophet. The government took action after a group of Islamic lawyers won a court order requiring officials to block Facebook until May 31. The Facebook page at the centre of the dispute Everybody Draw Mohammed Day! encouraged users to post images of the prophet on May 20 to protest threats made by a radical Muslim group against the creators of South Park for depicting Muhammad in a bear suit during an episode earlier this year. This attracted protests all over Pakistan, majorly by students who rallied demanding that Facebook be banned for tolerating the controversial web page. In an attempt to respond to public anger over the Facebook controversy, the Pakistani government ordered Internet service providers in the country to block the page. But the Islamic Lawyers Forum asked the Lahore High Court to order the government to fully block Facebook because the site had allowed the page to be posted in the first place, said the deputy attorney general of Punjab province, Naveed Inayat Malik. The road ahead: Facebook clearly ventured into danger area by playing around with Muhammad who the muslims consider as their God. Not only did facebook not comply with Islamic norms but it flouted them too, attracting the ire of the entire Islamic community. The result being that the website was banned in Pakistan and an Islamic version of the website was created, called MillatFacebook. This dealt a severe blow to the websites plans and aspirations and resulted in slowdown in business which was clearly evident from the drastic drop in the growth rate of its revenues. The Deputy Attornet General of Pakistan also wants an arrest warrant issued against Mark Zuckerberg, and wants the Interpol to arrest him and deport him to Pakistan. The Pakistan government has also asked its representative to raise the issue with the United Nations General Assembly. The future for facebook in Pakistan thus looks bleak. Facebook FRIENDS Create Ethical Issues For Journalists Facebook has captured everyones mind and it is hard to believe that there are people with internet connections who are not on facebook. This has raised an important concern for people who are in the profession of journalism. It raises an important ethical question: Does becoming friends on social media sites compromise the reporter-source relationship? Before the advent of social media, journalists regularly disqualified themselves from writing about family and friends. Even the most ethical reporter might have trouble writing objectively about his or her friends arrest, for example, and readers might question the credibility of the reporter and the newspaper. With social media, the line separating relatives/friends from strangers has disappeared and it therefore becomes difficult to write against a social friend. Even if someone is able to write it, it might be biased. This came to the forefront when it was discovered that a Times reporter is connected on Facebook to two Republican candidates for office. This relationship questioned the reporters ability to report fairly about these candidates and their opponents. No specific bias was noticed in the reporters stories but only the perception of a conflict of interest. Since the lines of relationships have become blurred with the rise of online social media, the ethical aspect of reporting is being questioned. The argument that would be the best solution is to be friends with both sides at any given point of time to stay away from any chances of bais towards any one party. Most reporters see Facebook as a powerful communications tool, and nothing more. Whats important is that their reports remain fair and free from bias. Conclusion Ethical and Cultural issues form the core of international business/relations. One cannot at any point tend to ignore these two important factors, because without the successful understanding of these, international success will only be a dream. In order to make it big, companies/organizations should clearly understand these critical factors and make proper arrangements to tackle the same.

Confucianism - Filial Piety in Chinese Religion Essay -- Philosophy Es

Filial Piety in Chinese Religion Filial piety was an integral part of Chinese culture and therefore was embraced by three of China's main religions: Confucianism, Buddhism, and Daoism. Among the three, Confucianism, with its well documented social hierarchy, supported the ideals of filial piety the most. Buddhism and Daoism also supported filial piety in some of their texts, but had monastic systems that prevented monks and nuns from being filial children. The term filial piety refers to the extreme respect that Chinese children are supposed to show their parents. It involves many different things including taking care of the parents, burying them properly after death, bringing honor to the family, and having a male heir to carry on the family name (Brians 1). Practicing these ideals is a very important part of Chinese culture. Therefore, one would expect that filial piety would be incorporated into the major religions of China as it has been. The ideal of respecting and behaving properly towards one's parents fits perfectly with Confucianism's ideal of respecting and behaving properly towards all elders. Confucius himself addressed the subject in the Analects: When your father is alive observe his intentions. When he is deceased, model yourself on the memory of his behavior. If in three years after his death you have not deviated from your father's ways, then you may be considered a filial child. ("Confucian Teachings" 20). According to Confucius, respect to one's father while he is alive is a given -- something that even animals do. But, to be a filial child, one must respect his parents even after their death. Confucius goes on to cite further specific examples of what a filial son should do for his parents. Am... ...oist monk can not be a filial son. Works Cited Brians, Paul. "Examples of Filial Piety." 1998. Washington State Univ. 23 Feb 2003. Brians, Paul. "Examples of Filial Piety." 1998. Washington State Univ. 23 Feb 2003. <http://www.wsu.edu:8080/~wldciv/world_civ_reader/world_civ_reader_1/filial.html> Hallisey, Charles. "Auspicious Things." Religions of Asia in Practice. Ed. Donald S. Lopez, Jr. Princeton: Princeton Univ. Press, 2002. 237-251. "Book of Rewards and Punishments." Chinese Civilization: A Sourcebook. Ed. Patricia Buckley Ebrey. New York: The Free Press, 1993. 142-145. "Confucian Teachings." Chinese Civilization: A Sourcebook. Ed. Patricia Buckley Ebrey. New York: The Free Press, 1993. 17-26. "Precepts of the Perfect Truth Daoist Sect." Chinese Civilization: A Sourcebook. Ed. Patricia Buckley Ebrey. New York: The Free Press, 1993. 146-150.

Even Cowgirls Get the Blues - Within the Guidelines of Feminist Discour

Even Cowgirls Get the Blues - Within the Guidelines of Feminist Discourse Surprisingly, in spite of being a male from the 1970s, Tom Robbins has written a novel, Even Cowgirls Get the Blues, supporting feminism. This is a term that most of us are familiar with; yet, what is feminism? The Routledge Critical Dictionary of Feminism and Postfeminism defines "feminist purpose" for us as "an active desire to change women's position in society" (Brown, Meginis, and Bardari, 231). In order to discuss feminism in terms of Robbin's novel, we need to know what feminist theory means when applied to literature. According to Jonathon Culler, a professor of English and comparative literature at Cornell University and author of Literary Theory: A Very Short Introduction, feminist theory is based on "women writers and the representation of women's experience" (124). Naturally, Robbins does not fit the first category of being a woman author since he is male. Nevertheless, his novel Even Cowgirls Get the Blues fits within Culler's description of feminist novels that "cha mpion the identity of women [and] demand rights for women" (123-124). Robbins does this through the development of his female characters and the plot. Robbins produces a strong female character named Sissy Hankshaw whose beauty is marred by enormous, somewhat useless thumbs. In order to become independent, Sissy leaves the repressive atmosphere in her southern home by participating in the male-dominated phenomenon of hitchhiking as embodied by Jack Kerouac in On the Road. Sissy herself says in reference to her hitchhiking, "I'm the best there is, ever was or ever will be" (53) and develops a national reputation as a hitchhiker. She even competes with and befriends the... ... Jonathan Culler. Literary Theory: A Very Short Introduction. Oxford: Oxford University Press: 1997. Karl, Frederick R. Critique of Tom Robbins. Contemporary Literary Criticism. Ed. Roger Matuz. 233 vols. Detroit: Gale Research Inc., 1990. Perso, Jeffrey. "The Lost Highway." MetroActive Travel Online. 1 May 1997. 9 April 2001. http://www.metroactive.com/papers/cruz/05.01.97/hitchhike-9718.html. Robbins, Tom. Even Cowgirls Get the Blues. New York: Bantam, 1976. Siegel, Mark. Critique of Tom Robbins. Contemporary Literary Criticism. Ed. Roger Matuz. 233 vols. Detroit: Gale Research Inc., 1990. Travis, Cheryl Brown, Kayce L. Meginnis, and Kristin M. Bardari. "Beauty, Sexuality, and Identity: The Social Control of Women." Sexuality, Society, and Feminism. Ed. Cheryl Brown Travis and Jacquelyn W. White. Washington: American Psychological Association, 2000.

Employer Liability for Employee Torts Under the Theory of Negligent Hiring Essay

The manager of an apartment complex used the key to one of the apartments to enter the tenant’s apartment during his off duty time and rape the occupant. ABC Apartment Company owns the property and hired the manager. An investigation after the fact turned up evidence the manager had a criminal record which ABC failed to discover during the interview process. The tenant is suing ABC Apartment Company for compensatory and punitive damages. The following will discuss the possible legal theories upon which the tenant may seek recovery in a civil court of law and how likely the tenant may be to receive an award of compensatory and possibly punitive damages.The idea of vicarious liability has existed for centuries, predating even English common law in the 16th century. Vicarious liability was common in primitive law wherein â€Å"owners† were held responsible for the negligence of servants, slaves, inanimate objects and wives. Blumenreich, 1993). To phrase it plainly, a person is responsible for the actions of those people with whom that person may have a master and servant relationship. The Restatement (Second) of Agency, (Restatement (Second) of Agency  §Ã‚ §215-267 (1958)) outlines the doctrine of respondeat superior as it pertains to a principal and his or her agent, such as an employer and an employee. Under respondeat superior, a principal may be vicariously liable for torts committed by an agent of the principle. The liability may arise when the agent’s act is committed within the scope of employment and in furtherance of the principal’s business, or when the agent’s act is ratified by the principal. (cited in Lindemann and Kadue, 1992) When applying the Restatement (Second) of Agency to the facts of the of the third party tenant’s rape at the hands of the apartment manager hired by ABC Apartments, it becomes clear why the doctrine of respondeat superior is doomed to fail in a civil court of law. The apartment manager entered the premises and raped the victim in off hours. A reasonable person may conclude that entering the leased premises of a tenant and committing criminal acts against that tenant is not within the scope of employment for the manager and decidedly not in furtherance of the business of ABC Apartments. A reasonable person could also conclude ABC Apartments did not give the manager consent or instruction to unlawfully enter and physically assault the tenants of the apartments. The act of raping the tenant was motivated completely by the apartment manager’s own personal desire. Unless the apartment manager had been specifically instructed by ABC Apartments to rape the tenant, no purpose to serve ABC Apartment’s interest existed. Finally, the manager was hired to oversee the operation of the apartment complex for ABC, not to physically assault and rape the tenants. The theory of negligent hiring addresses employers who do not take reasonable care in hiring their potential employees for a job (FindLaw, 2004). In his legal treatise entitled Employment Screening, Rex K. Larson points out most states recognize a cause of action for negligent hiring, although, no real uniform elements have been adopted as of yet by the multiple state and federal courts. (cited in Creed. T. , 2007) However, a similarity in exactly how to define negligent hiring does exist. In the case of Garcia v. Duffy, 492 So. 2nd 435 (1986), the Florida Supreme Court defined negligent hiring in the following manner: Negligent hiring occurs when, prior to the time the employee is actually hired, the employer knew or should have known of the employee’s unfitness, and the issue of liability focuses upon the adequacy of the employer’s pre-employment investigation into the employee’s background. (cited in Sinclair-Bernadino, 2006. ) In Pennsylvania, Coath v. Jones, 277 Pa. Super. 79, 419 A. 2d 1249 (1980), follows the Restatement (Second) of Torts stating: Negligent hiring cases focus on what duty is owed by the employer to a third party when an employee commits a crime or other bad act †¦the consensus is that an employer may be found negligent if he knew or should have known that an employee had a propensity for conduct that would harm a third person. † (cited in LaPasta, 2006) The Minnesota Supreme Court in Ponticas v. K. M. S. Invs. , 331 N. W. 2d 907, 911 (Minn. 983) offered an opinion which can be characterized as a majority test for the doctrine of negligent hiring: Liability is predicated on the negligence of an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. (cited in Creed, 2007) The commonality of all the above-quoted opinions revolves around holding employers responsible for hiring employees who harm third parties when an adequate background check would have prevented such a person from being hired for the job in the first place. In the law review article, Note, Minnesota Developments: Employer Liability for the Criminal Acts of Employees Under Negligent Hiring Theory: Ponticas v. K. M. S. Investments, 68 Minn L. Rev. 1303, 1304-05 (1984), Cindy M.  Haerle draws upon the Ponticas opinion of the Minnesota Supreme Court to identify six basic elements of negligent hiring : (1) the tort-feasor was the employer of the defendant; (2) the employee was unfit for employment; (3) the employer knew or should have known the employee was unfit; (4) the plaintiff (claimant) was injured by the employee’s tortious act; (5) the employer owed a duty of care to the plaintiff; and (6) the hiring of the employee was the proximate cause of the plaintiff’s injuries. cited in Creed, 2007). Assuming the courts of the state in which the tenant who became the rape victim of the manager utilize elements such as the above in determining an employer’s liability under a negligent hiring theory, it becomes clear ABC will be held liable for the acts of the manager. The manager was the employee of ABC at the time he committed the rape. The manager had a previous criminal record that ABC failed to discover during the hiring process. Because a criminal background check would have revealed the manager’s past to ABC, they would or should have known the manager was unfit to perform a job in which access to all the tenants’ apartments was readily available. The tenant was clearly injured, both physically and mentally, by the tortious act of the manager. ABC clearly owes a duty to their tenants to insure their employees are fit for the jobs they are hired to do. Failure to investigate the manager’s background is a clear breach of that duty. Finally, had ABC not hired the manager, access to the keys of the tenants’ apartments would not have been available to him and, of course, he would not have been able to enter the tenant’s apartment and commit the crime of rape. Now that is has been established the tenant will succeed under the theory of negligent hiring, the issue of damages must be addressed. Black’s Law Dictionary defines compensatory damages as â€Å"such as will compensate the injured party for the injury sustained. † (Nolan, p. 390, 1990). Black’s Law Dictionary defined punitive damages as damages awarded on an â€Å"increased scale†¦Ã¢â‚¬ ¦that of punishing the defendant or of setting an example for similar wrongdoers. † (id). In the Florida case of Tallahassee Furniture v. Harrison, a company was successfully sued under the theory of negligent hiring and the plaintiff was awarded $1. 9 million in compensatory damages and $600,000. 00 in punitive damages. (Arvey, et al. , p. 1, 2001) A Massachusetts jury ordered the Trusted Health Resources and Visiting Nurses Association of Boston to pay $26. million in combined compensatory and punitive damages to the family of a murdered quadriplegic after the family successfully sued under the theory of negligent hiring. (Anderson, 1998). A clear indication issues from these decisions indicating courts are willing to allow for the award of punitive damages on top of compensatory damages. Based upon this information, under the theory of negligent hiring it seems likely that the tenant will be successful in a civil lawsuit and will be able to recover both compensatory and punitive damages of a significant nature. The nature of employment law is ever changing and the theory of negligent hiring seems to be an ever expanding area of the law. The idea of a third party recovering for the torts of an employee seems almost to be a return toward the primitive law mentioned in Mr. Blumenreich’s article wherein the master was responsible for all actions of his chattel, or persons in their charge. (Blumenreich,1993. )