Based on the above case, Roppa Co do not have the rights in case of having difficulty during transit. This is because Roppa Co as a shipper company had followed the duties of shipper which is notice Jerry Ltd. about to ship dangerous goods (a chemical that contained radioactive substances). Under common law, there is a general responsibilities implied into bills of lading for a charter not to transport dangerous goods without any notice or declaration. Where goods are dispatched without notice of the dangerous goods or substance, the shipper will be obligate for any damage of the vessel, other cargo on board or other ship. The shipper has the duties to notice carrier of the dangerous nature of the goods regardless whether the shipper is aware of the dangerous nature. …show more content…
It is clearly stated in Brass v Maitland [1856], where a consignment of ‘bleaching powder’ had been shipped in casks. During the journey, the chemical corroded the casks and damaged other cargo in the hold. In the case, the shipowner was expected to know that the cargo which described as “bleaching powder” is contained dangerous substances which is chloride of lime. The shipowner has the burden of proving lack of declaration and without disclosure regarding the dangers nature of the goods (Crump & Co). Majority of the court held that liability on the shipper is strict and could not be excused or justified on grounds of ignorance as it is the duties of shipper to give notice of dangerous goods. Hence, the carrier’s claim for damages was
Certain criteria should be considered when looking at a negligence case. Questions to be asked are; did the defendant owe a duty of care to the plaintiff? Did the defendant breach that duty? Did the plaintiff suffer a recognizable injury? Did the defendant’s breach cause the plaintiff’s injury (p.114, Miller)? The answer to all of these questions is yes when looking at this particular case. The defendant had a duty to report the chromium leaks to the people it could have affected. A breach of that duty occurred when the plaintiffs were not informed of the chemical in their water supply. The plaintiffs then suffered multiple injuries of various degrees because they were not informed of the chemical in their water. Because PG&E did not inform the people in the area, these injuries did occur.
CVS Health Corporation is an integrated pharmacy healthcare and head quartered in Woonsocket, RI. The President and CEO of CVS is Larry J. Merlo. The company has three segments, Pharmacy services, Retail pharmacy and Corporate. CVS was previously known as Caremark Corporation and the name was changed to CVS on September 3rd 2014.
The large number of handlers in the process of manufacturing and packaging a product typically makes it difficult to prove when and how the manufacturer was negligent.
Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow employed Ralph Gough to perform the carpentry work on the store. The contract with Gough stipulated that he was to provide all labor, materials, tools, equipment, scaffolding, and other items necessary to complete the carpentry work. Gough’s employees erected 38 trusses at the job site. The next day, 32 of the trusses fell off the building. The reason for the trusses having fallen was unexplained, and evidence showed that it was not due to Chuckrow’s fault or a deficiency in the building plans. Chuckrow told Gough that he would pay him to reerect the trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover?
Martinrea International Inc. (TSX:MRE) is a Canadian manufacturing company servicing customers around the world, primarily in the automotive sector. Founded in 2001, Martinrea has grown rapidly through both acquisition and organic growth, and currently employs over 14,000 people in 44 plants across North America, South America, Europe and Asia. The Vaughan, Ontario-based company has four sectors in its corporate structure, which include aluminum, fluids, metallics and modules. Martinrea’s four core sectors service mainly the automotive industry, however, the company has also begun to seek a broader cross-section of clientele, investing in lower volume assembly line parts such as buses, recreational vehicles, air conditioning, military and farm appliances.
Wahoo Inc. is a C Corporation that filed for Chapter 11 bankruptcy protection in April 2015. Before filing bankruptcy, Wahoo has net operating loss (NOL) carryforwards of $65,000,000 in 2009, $45,000,000 in 2010, and $30,000,000 in 2011. The company worked out a re-organization plan and one of the note holders (a venture capital firm that financed the company) with a $105,000,000 note payable will receive new common stock and the old stocks will be cancelled. The Bankruptcy Court and the creditors’ committee have accepted the plan. The fair market value of Wahoo before the ownership change was $85,000,000. Wahoo’s selected assets from the balance sheet are as follows:
Reporting party (RP) stated that her daughter, April O'Meany-Lucas (04/08/2000) is ADHD and has learning disabilities which qualified her to be cared for at this daycare. RP stated that child attended until December 2016. RP stated that she left specific instructions for the licensee to not allow the child access to any electronic devices (cell phones, tablets, computers, etc) because RP would not be able to monitor her. RP stated that she discovered nude photos of the child which were taken during daycare hours using the licensee's tablet and posted the photos on social media. LPA Lasso-Hills asked RP how she found out about the photos and RP stated that she searched through "Instagram". LPA asked if the child has an Instagram account, and
The company that I have chosen for this assignment and project is Lowe 's Companies, Inc. Lowes strongly focuses on the mission statement “helping the customers to improve their homes”. The company started in 1921 as a small store in North Carolina. Great success and high demand of Lowe’s products led to an increase in the number of stores. By 1955, there were five more functional stores. Rapid growth took place around 1960s. Carl Buchan was one of the founders of Lowe’s, who died in year 1960. Exactly a year later in 1961, the company went public. This was the time when Lowe’s was given its name. Initially it was called North Wilkesboro Hardware Company. By 1979, Lowe’s established more than 50 stores in the United
There was insufficient evidence to demonstrate that Barnes did understand the label to constitute a representation in the form suggested. It was found that Glendale was negligent and in all circumstances, it was considered there was a duty on Glendale to include in the packaging a warning as to the consequences of using corrosive product with hot water in a confined space such as a drain. There was no specific defect with the caustic soda but the issue is whether it was defective within the meaning of Section 75AC. It was found by the court the label to be defective within the meaning of section 75AC.
“Only one reporting entity, if any, is expected to be identified as the primary beneficiary of a VIE. Although more than one reporting entity could have the characteristic in (b) of this paragraph, only one reporting entity if any, will have the power to direct the activities of a VIE that most significantly impact the VIE’s economic
This term paper is about the Cato Corporation. In the paper will review the history of the company, identify its direct competitors, and describe its mission statement, general strategy, target markets, product mix, and positioning. The strengths and weaknesses of the Cato Corporation will be discussed in detail.
Companies strive to choose not only the best marketing channels, but also the best profitable channel. A profitable channel can promote and successfully sell out of a product that might not otherwise turn a profit for their producers (New Charter University 2015). “The calculations from the cost accountant for the retail segment accounts were 60 percent of sales, and for the foodservice segment accounts were 40 percent. The cost accountant believes that both channels are profitable. The accountant also believes that the company achieves an overall average gross margin of 60 percent on its sales (Bowersox, D. J., Closs, D. J., Cooper, M. B.,
The O.M Scott & Sons Company has had continued success in the grass seed and lawn care industry. The company started in 1868 as a local company in central Ohio, focused on selling grass seed only. The company saw great opportunity in the lawn care industry, so it decided tot take action. O.M Scott & Sons grew into a national company that distributed its products by mail, and eventually sold to retail stores nationwide in 1959. The company was able to grow expanding the company’s field sales force. This increase in sales force led to a continued increase in sales and profits, which allowed the company to invest in R&D more heavily. This increase in R&D led to better products, which further increased sales and profits. The objective was to service the various retailers across the U.S with adequate inventories, especially in the high seasonal peaks. This was difficult for most of the smaller sized dealers the company was selling to, so Scott had to fund the dealer inventory buildup by itself.
1. Evaluate the economics of Gulf's exploration and development program in net present value terms. How do Gulf's outlay for exploration and development compare to cash returns Gulf generates from these activities.
I decided to choose ABYAT Furniture Company for my Assignment . In this paper, I am going to talk about ABYAT's history, structure and what services that they provide. Moreover, I am going to talk about achieving the six strategic, In addition, I am going to know about the threats type in ABYAT Company, also I will mention how supporting these levels through information Systems, how managers can affect build and use information systems the success of their company and how achieve operational excellence in terms of customer relationship management.