Business Incubators

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“Market Structures and Cost Management” Please respond to the following:
Managerial Economist awareness of consequences of Wealth Inequality across different states in U.S., across Canada, and across World. https://www.youtube.com/watch?v=cZ7LzE3u7Bw .

Another subject– “Business Incubators”

in U.S. https://www.youtube.com/watch?v=-aIyAZmZs_Y

-In earlier weeks, we saw how the western European economies, especially of France, has higher living standards than we do. One of the reasons is they do not have the severe “economic underclass” as well as crime in inner cities problems we do that cost so much money. Therefore they can afford their great benefits. Check out this example below of our inner city problems, and an attempt to make situation better.

Camden Doctor and Organization Makes National News in Healthcare Reform –This is a small movement towards what they have in France, England etc. as per movie Sicko—.Short 10 minute Video on PBS https://www.pbs.org/wgbh/pages/frontline/doctor-hotspot/From page 1 of (Trenton)

Criminal and Civil Law are different in the ways that guilt is determined, as well as having different court systems that rule over each type

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The English Legal System facilitates law and punishment within the UK. All laws are passed through this system, and all courts within the UK work to withhold these laws. It is separated by two main categories; Criminal Law and Civil Law.

Criminal and Civil Law are different in the ways that guilt is determined, as well as having different court systems that rule over each type (see Appendix 2).

Criminal Law requires proof beyond reasonable doubt, and is aimed at criminal offences such as burglary, assault and murder. Custodial sentences are often given to the defendant if found guilty.

Civil Law, however, looks to protect the rights of individuals. It focuses on negligence, duty of care and contract disputes. Less proof is required than Criminal Law, as only a high probability of guilt needs to be proven. Sentences are often in the form of damages or injunctions being issued.Damages are often in the form of monetary compensation or restitution.

Within any legal dispute, there are many specialist terms that are used such as tort (an infringement of a right leading to legal liability through civil courts), precedence (establishment of judgment for future similar cases), case law (the law which has been established by the outcome of former cases), liability (legal responsibility for something/someone) and litigation (the process of taking legal action). These terms are often referred to when looking at the English Legal System, and will be mentioned when looking at the Bashem Ltd case.

The Bashem Ltd case can be looked at from the perspective of many laws and obligations within the legislative framework. For example the Health and Safety at Work Act 1974, Joint Contracts Tribunal (JCT), Occupiers Liability, Duty of Care and the Employment Protection (Consolidation) Act 1978. However, due to the breadth of each law and its implications, not all of them will be discussed within the essay.

Bashem Ltd has potential liability and litigation issues after winning a JCT contract with Hopeless Council. This is due to their subcontractor having to depart from their original estimate, which may cause Bashem Ltd to breach the terms of their contract with Hopeless Council.

Furthermore, two people have been injured on site which Bashem Ltd may be liable for. This essay will look at any legal liabilities regarding these issues, and providing Bashem Ltd with advice on how to avoid any future litigation.

Due to this legal framework, Bashem Ltd would have certain duties and obligations with regards to both contract disputes and health and safety. Each of these aspects will be looked at in depth, to see where Bashem Ltd may be liable for litigation, and where this may be avoided.

Bashem Ltd currently has contractual issues with Hopeless Council. They are in a JCT contract with arbitration clauses, and may be liable to pay for liquidated damages if they cannot complete the project on time.A JCT contract is comprised of 9 parts:
• Definitions
• Carrying out the works
• Control of the works
• Payment
• Variations
• Injury, damage and insurance
• Assignment, third party rights and collateral warranties
• Termination
• Settlement of disputes

Within the dispute settlements aspect, the contract would clearly state any liquidated damages that would be payable upon departure from the contract. In this case, £15,000 per day would be the damages in question.

If Bashem Ltd departs from the original terms of the contract, they would be liable for the partial liquidated damages, but may also be subject to repudiation from the client. This would mean cancellation of contract, with Hopeless Council looking to replace the contractor. These terms are covered under the Unfair Contract Terms Act 1977(Parliament, 1977), in which it is stated a breach of contract would allow Hopeless Council to recover compensatory damages if it can be proven that delay has caused foreseeable losses. This compensation would be classified as liquidated damages as it is an estimate of loss of earnings suffered by the client. These types of damages may also be referred to as a penalty clause within the contract.As the liquidated damages would be written in to the JCT contract, the ‘foreseeable losses’ would be the £15,000 fees. This meansBashem Ltd would have to pay them under the terms of the current contract. The act also clarifies a breach of contract as non performance or poor performance. If deadlines are not met, then the work would fall under this definition:

“(1)For the purposes of this Part of this Act, “negligence” means the breach—
(a)of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise reasonable skill in the performance of the contract”. (Parliament, 1977)

However, the sum of £15,000.00 per day may be ruled as excessive. If a court rules this as a punishment, as opposed to a true reflection of liquidated damages, then it would be unenforceable. This precedence was set by Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd (1914), in which a re-sale penalty of £5 per tyre was deemed a penalty, and thus Dunlop could only claim for nominal damages. “A penalty clause is not enforceable. It matters not whether the sum is referred to as a penalty or as liquidated damages. It is the real nature of the sum which counts. A penalty is a punishment.” (Chappell, 1987, p. 94). This shows that the LADs within the contract would not be enforceable in full, as they are an inflated figure and not representative of the true damages.

How does Hobbes defend the claim that it is never rational to behave unjustly? Explain by discussing his social contract theory. Do you agree with him?

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Write an essay on one of the following questions:
1) Consider the following scenario:

Imagine that you are the Regional Manager of a multinational paper company, and, after an extensive vetting process by the Human Resources Department, you are presented with the final two job candidates (let’s call them Jim and Dwight) competing for the position of Assistant Regional Manager. You must decide who will get the job, and given that you will be working closely with this individual, you don’t take your decision lightly.

Upon reviewing their resumes, you find out that Dwight is the more qualified of the two. They both have MBAs, but Dwight’s is from a more prestigious program. They both have good experience working for big corporations, but Dwight has been at it for longer. They both have good letters of reference, but Dwight’s are better.

After interviewing them, you find out that Jim has a family member who is in the hospital. You also discover that Jim doesn’t have health insurance, and you know that one of the benefits of the job includes a comprehensive health plan that would cover his family. He is in serious debt, and the hospital bills are mounting. Dwight, on the other hand, is single and has enough money saved up from his previous job to buy private insurance.

Furthermore, you notice that Jim is the more easy-going of the two – he is warm and fun to be around. He also shares many of your interests and hobbies. Dwight, on the other hand, has a lukewarm personality. He’s not mean exactly, just very serious and direct, and the two of you have very little in common. Finally, you notice that Jim is a better dresser than Dwight.
If you were an act utilitarian, who would you hire and why? Explain act utilitarianism and defend your answer.
2) According to Kant, it is always irrational to act immorally. Why does he think this? Do you agree with him? Defend your answer.
3) How does Hobbes defend the claim that it is never rational to behave unjustly? Explain by discussing his social contract theory. Do you agree with him? Defend your answer.

Essay Structure ü Title: You should give your essay a title that will inform the reader of its specific contents. Introductory Paragraph: Your essay should begin with an introductory paragraph in which you state your thesis and outline the argument(s) that you will make in support of your thesis.
Supporting Paragraphs: After the introduction, your essay will contain several supporting paragraphs, each one devoted to explaining one part of your argument.

What are some of the observations you can make about Derek’s current state of health and well-being based on the information you have?

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The readings you accomplished for Module 3’s Case Assignment are quite new scientific theories that are currently being tested by scientists who are trying to figure out why individuals suffer from many immune-related issues such as fatigue, chronic pain, and even cancer. The scientific and medical communities have collected a lot of evidence that stress (and even inflammation) plays a very big role in these conditions. We still have a long way to go and a lot of unanswered questions.
The Dartmouth study in Case 3 gave you an introduction to the scientific method (watch the previous hyperlink for an overview of how the scientific method is used to gather data and analyze results). The “gold standard” of research design is often a “true experimental design” because it uses control and experimental groups which produce data that is analyzed statistically. Below you can read about another example of research design called a case study. There are many ways to conduct a study depending on budget, time, resources and the questions being asked. There are pros and cons to each. You can review different types of research methods at the following site: https://explorable.com/research-designs. Note the differences in true experimental designs versus case studies as you will contrast them later in this assignment. After you view this linked animation about the scientific method, read the following case study and complete the questions following this assignment:
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Case Study
Derek is a 25-year-old male who recently moved back in with his parents after his girlfriend was killed by a drunk driver 2 months ago. He had been dating his girlfriend for the past 3.5 years. As she was walking across a busy intersection to meet him for lunch, she was hit by a passing vehicle. He still vividly remembers the horrifying scene as the drunk driver ran the red light, plowing down his girlfriend right before his eyes. He ran to the scene, embracing her crumpled body as she died in his arms in the middle of the crosswalk. He keeps trying to erase the scene from his memory, but can’t seem to stop reliving the entire incident as if it was happening all over.
Derek has been having nightmares about the accident almost every night since the accident. He had to quit his job because his office was located in the building right next to the little café where he was meeting his girlfriend for lunch the day she died. The few times he attempted to return to work were unbearable for him. He has since avoided that entire area of town.
Normally an outgoing, fun-loving guy, Derek has become increasingly withdrawn and irritable since his girlfriend’s death. He’s stopped going to the gym, playing his guitar, or going out with his friends – all activities he once really enjoyed. His parents worry about how detached and emotionally flat he’s become.
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Answer the following questions in essay format about Derek’s condition:
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• Observation: What are some of the observations you can make about Derek’s current state of health and well-being based on the information you have?
• Question: What question (or questions) would you formulate about his condition to help you arrive at a diagnosis?
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• Hypothesis: What do you currently know about short- and long-term stress and its effects on the body that can help you arrive at a hypothesis about his condition? Incorporate your knowledge of stress and inflammation to help you develop at least one hypothesis concerning his condition.
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• Experiment: How could you collect data to help you answer your questions above? Remember, you do not have a control in this scenario, so you must evaluate the case based on Derek’s symptoms alone. Do a bit of research on the technology available today that could help you evaluate his condition. Examples of new technology include brain imaging, blood chemistry, hormone level tests, CAT scans, MRIs, and DNA mapping.
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• Result: Now that you have some additional information, briefly and in simple terms, describe how you would test any missing information about Derek’s condition.