Briefing Paper 1 According to the papers that were signed by Barr on behalf of The Stone Scone, Fleet Bank agreed to a $100,000 unsecured small business line of credit for The Stone Scone. The bank mailed financial reports addressed to each The Stone Scone and Barr. Fleet Bank made funds available to The Stone Scone for four years. Following that time, conversely, The Stone Scone did not construct any additional expenditure on the loan, leaving $91,444 in principal which was not paid. Pursuant to the credit contract, interest on the owed principal balance constantly accumulated at a charge of 6.5 percent per year. Bank of America, N.A., who had procured Fleet Bank, filed a suit against The Stone Scone and Barr to recuperate the principal and …show more content…
She exercised full and total power over the employees that worked at the store. Also, she demonstrated that she had the authority to buy any inventory of her choosing and from whoever she wanted. Additionally, she determined how frequently merchandise needs to be ordered, how many of such items were needed and the amount she would charge for each item. The decision to sell or not sell clove cigarettes was that of Colwell-Trujillo and not of Southland; Southland possessed zero control over her. When it came to advertising, promoting or merchandising the clove cigarettes, Southland had no decision in it. The agreement narrates that the franchisees are self-regulating contractors, and a couple of provisions give the Trujillo 's the right to formulate all inventory, employment, and operational decisions. The Cislaws were not entitled to proceed to trial. The Costa Mesa 7-Eleven franchisee is not an agent of the Southland Corporation and was affirmed by the court of appeals. Agreed, physician Antenucci is responsible for the medical malpractice jointly and individually of his partner, physician Pena. Elaine Zukerman was treated by Pena during her pregnancy, which is the source of severe medical problems encountered by her son Daniel. Operating as a general partnership was medical doctors Antenucci and Pena and therefore, was partners in their medical practice.
While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
Wells Fargo & Company is an American public company which deals with banking and financial services headquarters in San Francisco, California. It is the word second largest bank in the market capitalization and ranked as the third largest in the U.S in terms of its assets.
In their work, Plato and Paulo Freire have offered harsh critiques of education and learning. Plato compares people to prisoners in a cave of darkness in relation to knowledge, and Freire refers to a “Banking Concept” of education in which teachers put their thoughts and information into students’ minds much like the deposition of money into a bank. Instead of this money being of value, Freire and Plato acknowledge that the value declines. Although many people refute the concept of accepting new knowledge and admission of mistakes, I claim that both Plato and Freire produce valid points about the corruption of education because people cannot learn unless they have an open mind and truly desire to learn. Ultimately, what is at stake here is the effectiveness of learning and continuing the cycle of education.
Had they been able to do so, Chili’s, the principal in the agency relationship, would have been responsible for the tortious conduct of the patron, the agent. (Cheeseman, p.503) The tort remedies that would have been recoverable from Chili’s might have included “medical expenses; lost wages; pain and suffering; emotional distress; and, in some cases, punitive damages.” (Cheeseman, p.503)
Equuscorp launched proceedings in the Supreme Court of Victoria against each of the respondents. Equuscorp’s claims were for “loss and damage” for breach of the loan agreements and for money had and received. The trial judge dismissed Equuscorp’s contractual claim in all eight cases and upheld the restitution claim in two cases. The respondents appealed this decision in the Supreme Court of Victoria’s Court of Appeal. In this appeal, the majority held that the trial judge erred and that Equuscorp was not entitled to restitution. Equuscorp appealed against the decision of the Court of Appeal in relation to the three respondents. Its grounds for appeal included that the Court of Appeal erred in deciding: a) that Equuscorp was not entitled to restitution for the unenforceable loan agreements; b) that it was not unjust for the respondents to keep the amounts pursuant to the unenforceable loan agreements; and c) that restitution was not assigned as a right or remedy to recover the amounts under the unenforceable loan agreements.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
The Plaintiffs of the case are Glynace H. Norton and his wife, Anne Graves Norton, The defendants of the case are the insurer of the Baton Rouge hospital: Argonaut Insurance Company, Mrs. Florence Evans R.N,,ADON (Registered Nurse/Assistant Director of Nursing services) whom had administered the fatal medication; and Aetna Casualty & Surety Company, that covered the liability insurance for Dr. John B. Stotler, who delivered the negligent order.
It is also directed, according to the code of ethics, that Healthcare executives have a fiduciary responsibility to the society and community and should act in such a way that wins their trust, confidence, and respect. Hence, it is needed that the healthcare professionals lead exemplary lives. By acting their role, they are said to be moral advocates. Every decision taken by these professionals leads to an impact on the well-being of the people; therefore, decisions should be balanced and ethical.They should safeguard the interests of every audience that they serve.
In 2015, Wells Fargo was named as the world’s most valuable bank being worth around 2 trillion dollars (Fortune, 2015). Wells Fargo started out of San Francisco with growth in the right direction for the U.S. economy. They are a financial services company that has banking, insurance, investments, mortgage, and consumer and commercial finance through 8,700 locations, 13,000 ATMs, the internet (Securities and Exchange Commission, 2015). With Wells Fargo progressing and gaining prosperity, it is a shame that they took a negative method to get to this point. The Wells Fargo scandal has caused many to look at the company poorly. They have lost copious clients due to their bad ethical misconduct and not treating customers with respect following
Introduction Pramuka Savings and Development Bank (PSDB) was incorporated in 1997 as the first private savings bank in Sri Lanka. Mr. Rohan Perera was the founder of Pramuka Bank and was the founder and chief executive officer of Seylan Bank previously. After resigning from Seylan Bank, Mr. Perera applied for license to incorporate a commercial bank from Central Bank Sri Lanka. But Central Bank only gave license to operate a Savings and Development Bank. But that was also a debatable topic.
The bank failure in Jamaica illustrates how negative mindsets and behaviors can devastate the financial system and disrupt economic growth. The primary role of any bank is to safeguard its customer’s money, offer interest rate on deposits, lend money to creditworthy individuals, and make sound investment decisions to maximize shareholder value. Because of rapid economic growth between the late 1980s and early 1990s in Jamaica, the Central National Bank (CNB) and Worker’s Savings and Loans Bank (WSLB) loosened their monetary policies, provided preferential interest rates and extended credit beyond what was reasonable to members of its own board of directors, managing directors, and officers of the bank. These actions posed significant risks to the bank and its future.
“Is There Personal Responsibility In Healthcare?” Medical Malprocess. 4 March, 2009. Web.19 April, 2014. < http://thesystemmd.com/?p=230 >