Voluntarily Assuming Liability under the Law of Contract Case Study

Voluntarily Assuming Liability under the Law of Contract - Case Study Example The classic test for the imposition of a duty of care was articulated in Caparo Industries v Dickman. Accordingly, a duty of care will exist only where there is foreseeability, proximity and if the imposition of a duty of care is fair and reasonable in the circumstances.   Norris argues that in applying the test articulated in Caparo, it is necessary to determine whether or not a duty of care was assumed by the defendant and whether or not it was reasonable for the plaintiff to rely on the defendant’s assumption. It is important to note, however, that the assumption of responsibility and reliance on the duty are not conclusive evidence of the existence of a duty of care, but maybe â€Å"one of the ways in which the necessary degree of proximity may arise.† On the facts of the case for discussion, Alan asked John to take his keys from him if he drank too much that night at John’s house. The two proceed to drink two bottles of wine followed by brandy coffee.   It was stated how the wines were proportioned out between them and whether or not Alan drank too much throughout the evening.   Regardless, Alan indicated that he felt able to drive and nothing was made of it.   In any event, it does not appear that the consumption of alcohol had anything to do with the accident.   The fallen tree was the cause of the accident and the main question is whether or not, John’s call to Allan caused him to collide with the fallen tree and whether or not John assumed responsibility for preventing personal injury to John when he placed that telephone call.

VISIONARY LEADERSHIP, CROSS-CULTURAL LEADERSHIP, FACILITATING CHANGE Research Paper

VISIONARY LEADERSHIP, CROSS-CULTURAL LEADERSHIP, FACILITATING CHANGE - Research Paper Example The dimension of Power-distance addresses existing inequality level across the cross-cultural workforce. The inequality operational is acceptable within the power setting of the organization with regard to positions held in the work environment. In a low PD leadership system, power is well distributed as opposed to a high PD system where the management positions held are key in decision making in the organization. As such, closed-door meetings are done and communication is different in the different states that are created. Visionary leadership applies a hybrid system that allows acknowledgement of everybody’s role in decision-making. During crisis, a high PD system is preferable in making decisions while low PD useful where the decisions made affects policies. In addition, the dimension of Individualism-collectivism (IVD) that focuses on the strength of ties within the organizational community should be applied. An organization with high IDV displays characteristics of loose connection, little responsibility and a demand for high privacy. On the contrary, organizations with low IDV display qualities of respect, loyalty and strong cohesions within the work force in the organization. Visionary leadership lays down strategies that emphasize the benefits of working as a community with the aim of motivating labor force intrinsically and encouraging teamwork. Similarly, visionary leadership assesses the role of the dimension of Masculinity (MAS) in its environment. It refers to the ability of an organization to appreciate the traditional male and female roles in workforce. Organizations where the score of MAS is high expect men to be assertive and tough. In this setup, men occupy the managerial positions. In a leadership where the MAS score is lower, the roles played by men and women are related and are assigned in regards to professionalism and qualification. Visionary leaders embrace workforce based on qualification and professional