Why are strategic decisions in healthcare more data driven today than ever before?
In: Operations Management
Torts R Us is a law firm formed by limited liability partnership law. The owners, all attorneys, have decided to have a manager-managed organization with Tanya Nordstrom chosen to be the manager. One of the partners, Simon, just purchased a $20,000 software package to assist the frim with their information technology needs without telling Tanya or getting her permission. Tanya has already chosen another software package and entered into a contract for the purchase of that software package on behalf of Torts R Us. Who is responsible for paying for the software Simon purchases?
In: Operations Management
Recently, the Pennsylvania Superior Court addressed the validity of an exculpatory clause within a gym membership agreement. Exculpatory clauses and waivers of liability are enforceable, provided they are conspicuous. In certain circumstances, the waiver provision can be enforced even when it is unread, if a reasonable person should have noticed the clause
In this case, Melinda Hinkal asserted a negligence claim against Gavin Pardoe, a personal trainer working at Gold’s Gym. Ms. Hinkal also brought respondeat superior claims against Gold’s Gym and TRT Holdings (Defendants).
While exercising at the gym under Mr. Pardoe’s direction, Ms. Hinkal alleged that she suffered an injury that ruptured a disc in her neck, requiring two separate surgeries. She claimed that Mr. Pardoe negligently put too much weight on the workout equipment and then instructed her to continue her workout without noticing her injury. Defendants filed a summary judgment motion on the grounds that Ms. Hinkal signed a guest agreement containing legal waivers of liability, barring Ms. Hinkal’s claims against them. The trial court granted the motion for summary judgment, and Ms. Hinkal appealed.
On appeal, Ms. Hinkal asserted that the waiver provision, on the reverse of the membership agreement, was not valid and enforceable. She claimed that it was inconspicuous and not sufficient to give notice of its contents and significance.
The court examined the agreement itself and the waiver of liability/assumption of risk statement. Notably, the court stated the agreement does not provide a space for initials to indicate acknowledgement and acceptance of the additional terms. In certain circumstances, to determine if a reasonable person should have noticed an exculpatory clause, the court considers factors such as the clause’s placement in the document, the size of the clause’s print, and whether it was highlighted in all capital letters, or a differing font or color.
In this case, the court applied the relevant factors and determined that the exculpatory clause in the Gold’s Gym membership agreement was not enforceable, since it was not sufficiently conspicuous. First, it was printed on the reverse of the one-page document. Second, the signature line was on the other side of the document. Third, the font was the same size as the other terms and was difficult to read.
In this case, the appellate court stated that the defendants took no steps to alert Ms. Hinkal that by signing the membership agreement, she was waiving her right to initiate a personal injury action against Gold’s Gym. In conclusion, the court stated they did not find that Ms. Hinkal’s intent was to waive her right to bring a lawsuit against the gym.
The appellate court reversed the trial court’s granting of the summary judgment motion. They remanded for further proceedings.
What indicated that the terms in the agreement at issue in this case were accepted?
What were the appellant’s arguments in support of her claim? Which of those contention did the court imply was irrelevant? Why?
How did the court distinguish its conclusion in this case from its decisions in Beck-Hummel?
In: Operations Management
In: Operations Management
In: Operations Management
Explain in your own words Five factors about The country of Mexico environment which discourages or impacts negatively on foreign direct investment and trade (include legal, political and socio-cultural factors)
Note : the answers should be computerized - Please do not copy and paste from the internet (include legal, political and socio-cultural factors)
In: Operations Management
Group Case Study Assignment: IKEA
(In 2-3 Pages) answer the following in relation to the company IKEA
-The company we are talking about is IKEA, also –Please cite all sources used.
-For your group assignment, I'd like you to engage in a strategic investigation of
one of the companies listed or your own selection—with instructor’s
approval. First, you will define the larger strategic context, specifically focusing
on the industry and generic strategy. Then you will identify your company’s
core competence.
Finally, you will comment on four potential strategic initiatives that you suggest
your company take to grow their business. In all instances, you will need to
USE FRAMEWORKS (the models we have studied) TO JUSTIFY
YOUR ANSWERS. As you're doing the analysis, please answer the following
questions in a clear, concise and logical approach. Remember, how you
support your answer is more important than the answer itself. Please keep in
mind that grammar and spelling are as important as your analysis.
1. Please use Porter's Five Forces framework to complete a thorough
industry analysis of your company’s industry in general. Is this
industry viable? Growing? Shrinking? Discuss. What are the
competitive forces that squeeze profitability? Second, how might
your company protect itself against those five competitive forces?
Make sure to be explicit when attending to the Five Forces.
2. Define your company’s generic strategy (Cost leadership,
Differentiator, Focused CL, Focused D, SiTM), as well as its major
competitors – who are their competitors? Then, use all components
of the Strategy DNA (OE, positioning, fit, etc.) to make the case for
how your company separates itself from the pack, given that there is
considerable overlap in the market place. BE CONCISE!
3. Next, what is your company’s Core Competence? To get to the core
competence: Begin with your company’s generic strategy, which will
influence its Value Chain. Create a value chain for your company that
reflects its generic strategy. For a model of this, take a look at the text
P71, fig 6.2, Reed’s Value Chain. Technological Development is the
third horizontal item in the Reed’s VC and it reflects Reed’s core
competence. Each item in the VC supports the generic strategy of the
company and its core competence. Keep in mind your company may
more than one core competence or like Best Buy have many with a likely
GS being SITM (in a good way in Best Buy’s case). Once you have
completed the VC, DRAW A CORE COMPETENCE TREE that covers
their End Products, the Business Units, the Core Products, and then
the Core Competence. Work from the top down to hone in on the core
competence. Make sure your tree is clean, compact, and flowing -if
something doesn't align or fit, justify for me why it doesn't. Lastly,
administer the three-part core competence test and comment in
detail on whether your company passes it. Explain why or why not?
In: Operations Management
Discuss the types of consumer promotions that would be the most effective with respect to reaching that market for families and influencing them to buy Six Flags tickets.
In: Operations Management
write an essay about drones(unmanned) vs manned aircraft.
in the essay make sure we talk about the disadvantages and adventages
also comprasion between the costwise and also about there future.
In: Operations Management
Discuss the issues of dilution and cannibalization as related to the proliferation of new product introductions and inappropriate channel design.
In: Operations Management
Léger and National Public Relations last week released their annual report ranking Canada’s most admired companies. While some results were indeed surprising, others were not. But Tim Hortons’ year was just plain awful. It went from No. 4 to No. 50 in just 12 months. This significant free fall can be linked to the very public spat between Tim Hortons franchisees and the Tim Hortons parent company, Restaurant Brands International (RBI). How Tim Hortons lost its connection with the Canadian public?
In: Operations Management
Which of the following is a true statement?
A. |
Fraud by active concealment occurs when a party to a contract fails to disclose all of the known facts about the subject matter of the contract. |
|
B. |
To be actionable for fraud, a misrepresentation must pertain to a future opinion. |
|
C. |
The threat to bring a lawsuit to obtain an agreement can be grounds for duress if the suit is a legitimate one. |
|
D. |
A mutual mistake renders a contract null and void. |
In: Operations Management
Discuss what emotional intelligence is? Why is it important in organizations?, and provide at least two examples of cases where Emotional Intelligence enabled a company to be successful, or has caused management and / or a company problems. Conduct research Online and find examples... Discuss your findings.
Next - -
Describe how Southwest’s planning process helped establish their organizational objectives, business model, address problems, adapt to changes in the environment and remain successful.
In order to receive full credit for your Essay Part of the Exam, you MUST be sure to use a MINIMUM of four (2) In-Text citations and Work References (Per Essay Question) to support your opinions and facts. (One source can be your textbook, but the other source must be from a credible online resource – i.e., Montclair database, journal, news article, magazine, etc… ). Wikipedia, Blogs, Online Dictionaries, and Weblinks Only - are NOT Acceptable Sources.
In: Operations Management
personal sensing devices are becoming more commonplace in everyday life. Unfortunately, radio transmissions from these devices can create unexpected privacy concerns if not carefully designed. We demonstrate these issues with a widely-available commercial product, the Nike+iPod Sport Kit, which contains a sensor that users put in one of their shoes and a receiver that users attach to their iPod Nanos. Students and researchers from the University of Washington found out that the transmitter in a sneaker can be read up to 60 feet away. Through the use of a prototype surveillance system, the researchers could track someone wearing Nike+iPod sensors, plot their location on a GoogleMaps-based website and emai and text-messaging real-time surveillance data to anyone.
You are interested in deploying sensor technology in the cafe to help revamp operations. How would you address the following:
Many cafes are putting sensors on the bottom of cups to help alert the wait staff that a customer needs a refill. Would you introduce this technology to the cafe? If so, are there any concerns with using this type of technology?
What other types of sensors could you deploy throughout the cafe to help operations? What concerns would you have regarding these sensors?
Are there any current laws that you would need to be aware of when deploying wireless technology? If so, what types of liabilities for potential lawsuits should you be aware of to protect the cafe? If not, what types of laws should be created to help protect customers, employees, and the cafe?
In: Operations Management
What does enterprise resource planning (ERP) allow an organization to do?
In: Operations Management