Presentation Brief

Format of Activity:
Come prepared to deliver a 10-minute presentation to your Assessors on the topic listed above. Presentations must be prepared in advance. No laptops will be allowed, but hand-outs are welcome. Additionally, a flip chart and markers will be in the activity room for your use.
Be prepared to defend your presentation during five minutes of Q&A at the end of the presentation.
The topic is:

(Explain the concept of the Internet of Everything. What are some ways Cisco can drive innovation and how the IoE will play a key role in tomorrow’s cities?)

For more information on the Internet of Everything,
go to http://www.cisco.com/web/about/ac79/innov/IoE.html.

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Organizational Behavior and Leadership Assignment

General Overview
The overall objective of this module is to introduce students to frameworks of power and influence in preparation for successful careers, including performance in the job market, working effectively in teams and organizations, and achieving long-term professional goals, whatever they may be. The online lecture will provide detailed frameworks of power (French and Raven’s five bases of power) and influence (Cialdini’s six influence principles). It will also cover practical ways to act more powerfully as well as summarize findings related to how power affects those who have it.

Learning Objectives

• Recognize the different bases of power used by members of groups and organizations.
• Learn the different influence principles used by members of groups and organizations as well as in written communications.
• Develop skills that improve one’s ability to influence groups and organizations.
• Be able to think critically about power and influence in order to avoid being manipulated by others, maximize one’s own effectiveness, and ensure that one is behaving ethically.
• Learn about the effects of power on those who have it as well as how to overcome common pitfalls.

Topics/Theories Covered:

• The five bases of power
o Coercive, reward, legitimate, expert, and referent
• The six principles of influence
o Commitment and consistence, reciprocity, social proof, liking, authority, and scarcity
• How to signal power through nonverbal behavior
• The psychological effects of power on those who have it

HOMEWORK ASSIGNMENT:

Write a two-page memo based on the following prompt. Use the Memo Template on MS Word. The content is more important than the format.

Read a minimum of 5 articles from the Corner Office column in the New York Times (http://projects.nytimes.com/corner-office). Of these five columns, select the profile of the person whose style of leadership you most identify with or admire and discuss why this person’s leadership is particularly impressive to you. Use concepts from the class (e.g., leadership, ethics, power and politics) in discussing this person’s appeal. Include a list of the 5 profiles you read noting the name, company and title of the essays.

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Data projects

Data Projects
The theory of probability developed from a study of various games of chance by using coins, dice, and cards. Processes such as flipping a coin, rolling a die, or drawing a card from a deck are called probability experiments.

Based on your reading for this week:

Often when playing gambling games or collecting items in cereal boxes, one wonders how long will it be before one achieves success. For example, suppose there are 6 different types of toys with 1 toy packaged at random in a cereal box. If a person wanted a certain toy, about how many boxes would that person have to buy on average before obtaining that particular toy? Of course, there is the possibility that the particular toy would be in the first box opened or that the person might never obtain the particular toy. These are the extremes.
a. To find out, simulate the experiment using dice. Start rolling dice until a particular number, say 3, is obtained, and keep track of how many rolls are necessary. Repeat 100 times. Then find the average.

This is a lab experiment, just like you might find in any of the sciences. You are testing the statements in the text book that gives the probability of any one number coming up on a single thrown die. Make a chart – Tries vs Rolls (remember you have to keep rolling until your chosen number comes up…that is one try.). Keep track for 100 tries. (Share the load…get others to help have fun with you.) Then find the probability of your experiment with the text. Post your information and comment and remember to respond. (Hint: You will have somewhere between 575 and 750 rolls.)

Then answer these question about your results

a. What did this experiment have to do with this week’s reading?
b. What should we expect the average to be?
c. What accounts for the differences from what we would expect?
d. Would we get the same thing if we rolled another 100 experiments?

Reference: Course Text: Bluman, A.G. (2014). Elementary Statistics: A step-by-step approach (9th ed.). New York: McGraw-Hill.

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personal opinion

This is an appeal from jury verdicts totalling $1.8 million entered in a product liability suit against defendants Sears, Roebuck & Co. and Pittway Corporation. The actions were brought by Albin Laaperi as administrator of the estates of his three sons, all of whom were killed in a fire in their home in December 1976, and as father and next friend of his daughter, Janet, who was injured in the fire. Plaintiff’s theory of recovery was that defendants had a duty to warn plaintiff that a smoke detector powered by house current, manufactured by Pittway and sold to Laaperi by Sears, might not operate in the event of an electrical fire caused by a short circuit. Defendants contend on appeal that the district court erred in denying their motions for directed verdict and judgment notwithstanding the verdict; that the admission into evidence of purportedly undisclosed expert testimony violated Fed.R.Civ.P. 26(e); and that the award of $750,000 for injuries to Janet Laaperi was excessive and improper. We affirm the judgments in favor of plaintiff in his capacity as administrator of the estates of his three sons, but vacate the judgment in favor of Janet Laaperi, and remand for a new trial limited to the issue of her damages.

I.

2
In March 1976, plaintiff Albin Laaperi purchased a smoke detector from Sears. The detector, manufactured by the Pittway Corporation, was designed to be powered by AC (electrical) current. Laaperi installed the detector himself in one of the two upstairs bedrooms in his home.

3
Early in the morning of December 27, 1976, a fire broke out in the Laaperi home. The three boys in one of the upstairs bedrooms were killed in the blaze. Laaperi’s 13-year-old daughter Janet, who was sleeping in the other upstairs bedroom, received burns over 12 percent of her body and was hospitalized for three weeks.

4
The uncontroverted testimony at trial was that the smoke detector did not sound an alarm on the night of the fire. The cause of the fire was later found to be a short circuit in an electrical cord that was located in a cedar closet in the boys’ bedroom. The Laaperi home had two separate electrical circuits in the upstairs bedrooms: one which provided electricity to the outlets and one which powered the lighting fixtures. The smoke detector had been connected to the outlet circuit, which was the circuit that shorted and cut off. Because the circuit was shorted, the AC-operated smoke detector received no power on the night of the fire. Therefore, although the detector itself was in no sense defective (indeed, after the fire the charred detector was tested and found to be operable), no alarm sounded.

5
Laaperi brought this diversity action against defendants Sears and Pittway, asserting negligent design, negligent manufacture, breach of warranty, and negligent failure to warn of inherent dangers. The parties agreed that the applicable law is that of Massachusetts. Before the claims went to the jury, verdicts were directed in favor of defendants on all theories of liability other than failure to warn.1

6
Laaperi’s claim under the failure to warn theory was that he was unaware of the danger that the very short circuit which might ignite a fire in his home could, at the same time, incapacitate the smoke detector. He contended that had he been warned of this danger, he would have purchased a battery-powered smoke detector as a back-up or taken some other precaution, such as wiring the detector to a circuit of its own, in order better to protect his family in the event of an electrical fire.

7
The jury returned verdicts in favor of Laaperi in all four actions on the failure to warn claim. The jury assessed damages in the amount of $350,000 in each of the three actions brought on behalf of the deceased sons, and $750,000 in the action brought on behalf of Janet Laaperi. The defendants’ motions for directed verdict and judgment notwithstanding the verdict were denied, and defendants appealed.

II.

8
Defendants contend that the district court erred in denying their motions for directed verdict and judgment n.o.v. First, they claim that they had no duty to warn that the smoke detector might not work in the event of some electrical fires. Second, they maintain that even if they had such a duty, there was insufficient evidence on the record to show that the failure to warn proximately caused plaintiff’s damages. We address these arguments in turn.

A. Duty to Warn

9
We must look, of course, to Massachusetts law. While we have found no cases with similar facts in Massachusetts (or elsewhere), we conclude that on this record a jury would be entitled to find that defendants had a duty to warn. In Massachusetts, a manufacturer2 can be found liable to a user of the product if the user is injured due to the failure of the manufacturer to exercise reasonable care in warning potential users of hazards associated with use of the product. See, e.g., Mitchell v. Sky Climber, Inc., 396 Mass. 629, 487 N.E.2d 1374, 1376 (1986); Killeen v. Harmon Grain Products, 11 Mass.App. 20, 413 N.E.2d 767, 770 (1980); W. Prosser & W.P. Keeton, The Law of Torts Sec. 96, at 685 (5th ed. 1984). The manufacturer can be held liable even if the product does exactly what it is supposed to do, if it does not warn of the potential dangers inherent in the way a product is designed. It is not necessary that the product be negligently designed or manufactured; the failure to warn of hazards associated with foreseeable uses of a product is itself negligence, and if that negligence proximately results in a plaintiff’s injuries, the plaintiff may recover. Schaeffer v. General Motors Corp., 372 Mass. 171, 174, 360 N.E.2d 1062, 1065 (1977). See also Mitchell, 487 N.E.2d at 1376; cf. Martinez v. Dixie Carriers, Inc., 529 F.2d 457, 465 (5th Cir.1976) (in a strict liability case, the failure to warn of the hazards associated with a product is itself a product “defect”).

10
The sole purpose of a smoke detector is to alert occupants of a building to the presence of fire. The failure to warn of inherent non-obvious limitations of a smoke detector, or of non-obvious circumstances in which a detector will not function, can, we believe, “create an unreasonable risk of harm in that the inhabitants of a structure may be lulled into an unjustified sense of safety and fail to be forewarned of the existence of a fire.” Butler v. Pittway Corp., 770 F.2d 7, 11 (2d Cir.1985). In the present case, the defendants failed to warn purchasers that a short circuit which causes an electrical fire may also render the smoke detector useless in the very situation in which it is expected to provide protection: in the early stages of a fire. We believe that whether such a failure to warn was negligent was a question for the jury.

11
To be sure, it was the fire, not the smoke detector per se, that actually killed and injured plaintiff’s children. But as the Second Circuit recently held, the manufacturer of a smoke detector may be liable when, due to its negligence, the device fails to work:

12
Although a defect must be a substantial factor in causing a plaintiff’s injuries, it is clear that a “manufacturer’s liability for injuries proximately caused by these defects should not be limited to [situations] in which the defect causes the accident, but should extend to situations in which the defect caused injuries over and above that which would have occurred from the accident, but for the defective design.”

13
Butler v. Pittway Corp., 770 F.2d at 9 (citations omitted) (smoke detector manufacturer can be held liable for personal injuries suffered in fire where defective detector failed to sound in timely fashion). See also Trust Corp. of Montana v. Piper Aircraft Corp., 506 F.Supp. 1093, 1094-95 (D.Mont.1981) (airplane manufacturer can be held liable for lack of shoulder harnesses where harnesses might have prevented some of injuries suffered in crash); Stahl v. Ford Motor Co., 64 Ill.App.3d 919, 21 Ill.Dec. 667, 670-71, 381 N.E.2d 1211, 1214-15 (1978) (auto manufacturer held liable for increased damages resulting from failure of seat belt during accident). The “crashworthiness” or “enhanced injury” automobile cases are to the same effect. See Larsen v. General Motors Corp., 391 F.2d 495, 503 (8th Cir.1968).

14
It is true that, unlike the above, there was no defect of design or manufacture in this case. But there was evidence from which it could be inferred that the absence of a warning enhanced the harm resulting from the fire. Plaintiff testified that if he had realized that a short circuit that caused an electrical fire might at the same time disable the smoke detector, he would have purchased a back-up battery-powered detector or wired the detector in question into an isolated circuit, thus minimizing the danger that a fire-causing short circuit would render the detector inoperative. We find, therefore, a sufficient connection between the children’s deaths and injury and the absence of any warning.

15
Defendants contend that the district court nevertheless erred in denying their motions because, they claim, the danger that an electrical fire will incapacitate an electric-powered smoke detector is obvious. They point out that anyone purchasing a device powered by house electrical current will necessarily realize that if the current goes off for any reason, the device will not work.

16
In Massachusetts, as elsewhere, a failure to warn amounts to negligence only where the supplier of the good known to be dangerous for its intended use “has no reason to believe that those for whose use the chattel is supplied will realize its dangerous condition.” Restatement (Second) of Torts Sec. 388 (1965). See Fiorentino v. A.E. Staley Manufacturing Co., 11 Mass.App. 428, 416 N.E.2d 998, 1004 (1981); Maldonado v. Thomson National Press Co., 16 Mass.App. 911, 449 N.E.2d 1229, 1231, review denied, 389 Mass. 1105, 452 N.E.2d 1158 (1983). Where the risks of the product are discernible by casual inspection, such as the danger that a knife can cut, or a stove burn, the consumer is in just as good a position as the manufacturer to gauge the dangers associated with the product, and nothing is gained by shifting to the manufacturer the duty to warn. Thus, a manufacturer is not required to warn that placing one’s hand into the blades of a potato chopper will cause injury, Plante v. Hobart Corp., 771 F.2d 617 (1st Cir.1985), that permitting a three-year-old child to ride on the running board of a moving tractor risks injury to the child, Kerr v. Koemm, 557 F.Supp. 283 (S.D.N.Y.1983), or that firing a BB gun at another at close range can injure or kill, Sherk v. Daisy-Heddon, 498 Pa. 594, 450 A.2d 615 (1982). If a manufacturer had to warn consumers against every such obvious danger inherent in a product, “[t]he list of obvious practices warned against would be so long, it would fill a volume.” Plante, 771 F.2d at 620.

17
Defendants ask us to declare that the risk that an electrical fire could incapacitate an AC-powered smoke detector is so obvious that the average consumer3 would not benefit from a warning. This is not a trivial argument; in earlier–some might say sounder–days, we might have accepted it. Compare Jamieson v. Woodward & Lothrop, 247 F.2d 23 (D.C.Cir.1957). Our sense of the current state of the tort law in Massachusetts and most other jurisdictions, however, leads us to conclude that, today, the matter before us poses a jury question; that “obviousness” in a situation such as this would be treated by the Massachusetts courts as presenting a question of fact, not of law. To be sure, it would be obvious to anyone that an electrical outage would cause this smoke detector to fail. But the average purchaser might not comprehend the specific danger that a fire-causing electrical problem can simultaneously knock out the circuit into which a smoke detector is wired, causing the detector to fail at the very moment it is needed. Thus, while the failure of a detector to function as the result of an electrical malfunction due, say, to a broken power line or a neighborhood power outage would, we think, be obvious as a matter of law, the failure that occurred here, being associated with the very risk–fire–for which the device was purchased, was not, or so a jury could find.

18
Our conclusion finds support in a number of Massachusetts cases stating that a court should be extremely reluctant to take from the jury issues regarding the adequacy of warnings. The recent decision of the Massachusetts Supreme Judicial Court in MacDonald v. Ortho Pharmaceutical Corp., 394 Mass. 131, 475 N.E.2d 65, cert. denied, — U.S. —-, 106 S.Ct. 250, 88 L.Ed.2d 258 (1985) is instructive:

19
The common law duty to warn … necessitates a warning “comprehensible to the average user and … convey[ing] a fair indication of the nature and extent of the danger to the mind of a reasonably prudent person.” Whether a particular warning measures up to this standard is almost always an issue to be resolved by a jury; few questions are “more appropriately left to a common sense lay judgment than that of whether a written warning gets its message across to an average person.” A court may, as a matter of law, determine “whether the defendant has conformed to that standard, in any case in which the jury may not reasonably come to a different conclusion,” but judicial intrusion into jury decision-making in negligence cases is exceedingly rare.

20
Id., 475 N.E.2d at 71 (citations omitted). Applying this standard, we think that the issue of obviousness to the average consumer of the danger of a fire-related power outage was one for the jury, not the court, to determine. In the present case, the jury was specifically instructed that if it found this danger to be obvious it should hold for defendants. It failed to do so.

B. Causation

21
While, as just discussed, the danger the detector would fail in these circumstances was not so obvious as to eliminate, as a matter of law, any need to warn, we must also consider whether Laaperi’s specialized electrical knowledge constituted a bar to his own recovery. As pointed out in note 3, supra, plaintiff’s specialized knowledge is immaterial to whether defendants had a duty to warn, since that duty is defined by the knowledge of the average purchaser. But plaintiff’s expertise is relevant to whether defendants’ failure to warn caused plaintiff’s damages. Even though defendants may have been required to provide a warning, plaintiff may not recover if it can be shown that because of his above-average knowledge, he already appreciated the very danger the warning would have described. In such event there would be no connection between the negligent failure to warn and plaintiff’s damages.

22
Defendants here presented considerable evidence suggesting that Laaperi, who was something of an electrical handyman, knew of the danger and still took no precautions. Laaperi, however, offered evidence that he did not know of the danger, and that he would have guarded against it had he been warned. The following exchange between Laaperi and his counsel on direct examination, tends to support the jury’s determination of liability:

Self-serving as this testimony was, the jury was free to credit it. In reviewing the denial of a motion for directed verdict or judgment n.o.v., we are obliged to view the evidence in the light most favorable to the verdict winner. Insurance Company of North America v. Musa, 785 F.2d 370, 372 (1st Cir.1986); Borras v. Sea-Land Service, Inc., 586 F.2d 881, 885 (1st Cir.1978). We are not at liberty to evaluate the credibility of witnesses or the weight of the evidence at trial. Musa, 785 F.2d at 372; Hubbard v. Faros Fisheries, Inc., 626 F.2d 196, 199 (1st Cir.1980). In light of this standard, we cannot say that the district court erred in denying defendants’ motions for directed verdict and judgment n.o.v., for the jury could have believed Laaperi’s testimony in the colloquy quoted above, among other evidence, and concluded that had he been properly warned, Laaperi would have instituted different fire detection methods in his home to protect his family against the danger that his smoke detector would be rendered useless in the event of a fire-related power outage.

Plaintiff has pointed to no cases, and we have discovered none, in which such a large verdict was sustained for such relatively minor injuries, involving no continuing disability. Contrast McDonald v. Federal Laboratories, 724 F.2d at 246-47 ($929,000 verdict upheld where plaintiff continued to suffer from constant itching, open sores, infections, and blistering on his abdomen, inner thighs, scrotal area, arms and ankles after exposure to mace); Griffin v. General Motors Corp., 380 Mass. 362, 371, 403 N.E.2d 402, 408 (1980) ($1,000,000 verdict upheld where plaintiff suffered permanent loss of bodily functions, massive scarring and disfigurement, and continued pain and suffering); Pemberton v. Boas, 13 Mass.App. 1015, 1018-19, 433 N.E.2d 490, 494 (1982) ($730,000 verdict, reduced by remittitur from $1,128,000, upheld where plaintiff suffered lacerations of liver and stomach, near total transection of pancreas, and ruptured disc). Considering Janet’s injuries alone, apart from the horrible nature of her brothers’ deaths, we find the award of $750,000 was so grossly disproportionate to the injuries of Janet Laaperi as to be unconscionable. It is therefore vacated.

57
The judgments in favor of Albin Laaperi in his capacity as administrator of the estates of his three sons are affirmed. In the action on behalf of Janet Laaperi, the verdict of the jury is set aside, the judgment of the district court vacated, and the cause remanded to that court for a new trial limited to the issue of damages.

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Report: Choose and analyze an e-commerce business

In this assignment you are expected to write a 2,000-word report analysing an existing e-commerce. You can choose an e-commerce business from any company of a small or medium size and from any sector. The report should provide a clear description of the e-commerce model implemented, including the type of customers targeted by the online business, the value proposition of the business model, its main functionalities, the revenue model and e-marketing aspects. In addition, the report should contain some discussion of any potential problems or downsides you have identified in the online business from the perspective of the customer.

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personal opinion

381 S.W.3d 209 (2012)
Benjamin WRIGHT, Jr., Appellant, v. HOUSE OF IMPORTS, INC. d/b/a In Style, Appellee.
Supreme Court of Kentucky.
September 20, 2012.
Joseph D. Raine, Jr., Ferreri & Fogle, PLLC, Louisville, KY, for Appellee.
Opinion of the Court by Justice SCOTT.
A Jefferson Circuit Court jury awarded Appellant, Benjamin Wright, Jr., $120,863.75 in his simple negligence action against Appellee, House of Imports, after he fell down a set of stairs at the retailer’s business establishment. The Court of Appeals reversed and remanded for a new trial, holding that the trial court committed palpable error in permitting expert testimony of building code violations without instructing the jury as to the applicability of the code. We accepted discretionary review and now reverse the Court of Appeals’ judgment and reinstate that of the trial court.
I. BACKGROUND
Wright visited House of Imports to buy a pair of shoes on August 31, 2007. He selected a pair and ascended three stairs to an elevated level of the store where the cash register was located. He paid for the shoes and proceeded to exit the building. As he placed his foot on the top step of the elevated level, he slipped and, fell down the stairs to the first level of the store, suffering serious injuries as a result.
Thereafter, Wright filed a common-law negligence cause of action against House of Imports alleging that the retailer negligently maintained its business premises in a dangerous and defective condition, causing him to fall and suffer personal injuries. The case was tried to a jury which, under Kentucky’s comparative fault principles, assigned 25% of the fault to Wright and 75% of the fault to House of Imports. The jury further found that Wright suffered $75,000 in pain and suffering in addition to his $86,151.56 in medical expenses. Based on the jury’s apportionment of fault, the trial court awarded Wright $120,863.67.
At trial, Wright introduced the expert testimony of engineer and board-certified safety professional John Schroering, who testified that the stairs at House of Imports violated several of the Kentucky Building Code’s safety standards. Relying on our predecessor court’s decision in O’Connor & Raque Co. v. Bill, 474 S.W.2d 344, 346 (Ky.1971), the Court of Appeals reversed, finding that the trial court’s failure to instruct the jury on the applicability of the Code left the jury “`to decide for itself what, if any, was its relevance and legal effect,'” (quoting id.), and constituted palpable error.
Additional facts will be provided where helpful to our analysis.
II. ANALYSIS
The precise issue before us is whether a trial court errs when it admits expert testimony concerning building code violations
[381 S.W.3d 212]
without instructing the jury as to the applicability of the code; and, if so, whether the trial court in this case committed palpable error in doing so. Under the palpable error standard, an unpreserved error may be noticed on appeal only if the error is “palpable” and “affects the substantial rights of a party,” and even then relief is appropriate only “upon a determination that manifest injustice has resulted from the error.” CR 61.02.
We pause first to explain why the palpable error standard applies to this case. Kentucky Rule of Civil Procedure (CR) 76.03(8) provides: “A party shall be limited on appeal to issues in the prehearing statement except that when good cause is shown the appellate court may permit additional issues to be submitted upon timely motion.” We have previously stated that “the significance of this rule is that the Court of Appeals will not consider arguments to reverse a judgment that have not been raised in the prehearing statement or on timely motion.” Am. Gen. Home Equity, Inc. v. Kestel, 253 S.W.3d 543, 549 (Ky.2008) (emphasis added). Thus, although a party defending a trial court’s judgment need not raise an issue in a prehearing statement for the Court of Appeals to affirm on those grounds, see id., the party appealing a trial court’s judgment is limited to those issues identified by the prehearing statement,1 id. However, the Court of Appeals retains the authority to reverse a trial court’s judgment on an unpreserved issue if it finds palpable error therein. CR 61.02;2 KRE 103.3
House of Imports’ prehearing statement identifies only the following issues for appeal: “Whether the Defendant was entitled to a directed verdict on the issue of liability, or at the very least, an instruction that the Plaintiff was negligent as a matter of law.” However, the Court of Appeals found House of Imports’ arguments in support of these issues to be meritless. First, citing to Lee v. Tucker, 365 S.W.2d 849 (Ky.1963), it summarily concluded that House of Imports was not entitled to a directed verdict. Second, it found that Wright’s testimony that he was not paying attention to the stairs at the time of his fall did not constitute a judicial admission, and therefore House of Imports was not entitled to an instruction that Wright was negligent as a matter of law.4
[381 S.W.3d 213]
In spite of its failure to include the issue in its prehearing statement, House of Imports nevertheless briefed and argued the issue upon which the Court of Appeals ultimately reversed — whether the trial court committed palpable error in admitting Schroering’s testimony concerning the building code without instructing the jury as to the applicability of the code. Because that issue was not identified in the prehearing statement, pursuant to CR 76.03(8), the Court of Appeals could not properly reverse on that issue absent a finding of palpable error, CR 61.02, which it so found.
Turning to our analysis, we note first that this is a common-law negligence case — not a negligence per se case. A common law negligence claim requires proof of (1) a duty owed by the defendant to the plaintiff, (2) breach of that duty, (3) injury to the plaintiff, and (4) legal causation between the defendant’s breach and the plaintiff’s injury. Pathways, Inc. v. Hammons, 113 S.W.3d 85, 88-89 (Ky.2003) (citing Mullins v. Commonwealth Life Ins. Co., 839 S.W.2d 245, 247 (Ky.1992); Lewis v. B & R Corp., 56 S.W.3d 432, 436 (Ky.App.2001)). The standard of care applicable to a common-law negligence action is that of ordinary care — that is, “such care as a reasonably prudent person would exercise under the circumstances.” Slusher v. Brown, 323 S.W.2d 870, 872 (Ky. 1959).
Negligence per se, on the other hand, “`is … a negligence claim with a statutory [or regulatory] standard of care substituted for the common law standard of care.'” Real Estate Mktg., Inc. v. Franz, 885 S.W.2d 921, 927 (Ky.1994) (citation omitted), overruled on other grounds by Giddings & Lewis, Inc. v. Indus. Risk Insurers, 348 S.W.3d 729, 741 (Ky.2011). KRS 446.070 codifies the doctrine of negligence per se, and provides: “A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation.”
Because Wright brought a common-law negligence action against House of Imports, and not a negligence per se claim alleging statutory or regulatory violations, the testimony Schroering offered regarding the statutory duties imposed by the building code (and the alleged breaches of those duties) was irrelevant — that is, it did not “fit” a fact in issue. See Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575, 578 (Ky.2000) (describing the relevancy of expert testimony to a particular fact in issue as one of “fit”). The trial court therefore erred in permitting Schroering to testify about alleged violations of the building code.
We cannot, however, conclude that it rises to the level of “palpable” error. Although the Court of Appeals determined that the trial court erred in failing to instruct the jury as to the applicability of the building code, the allegedly fatal instructions were tendered by House of
[381 S.W.3d 214]
Imports.5 When a trial court adopts a party’s proposed jury instructions, that party cannot be heard to complain that its “substantial rights” have been affected by said instructions, nor that a “manifest injustice has resulted from the error.” CR 61.02. This has been the law of this Commonwealth for decades. See Chesapeake & Ohio Ry. Co. v. Boren, 202 Ky. 348, 259 S.W. 711, 714 (1924).6 See also Gibson v. Thomas, 307 S.W.2d 779, 780 (Ky.1957) (finding error in interrogatories accompanying jury instructions not to be grounds for reversal because affected party proposed the instructions and interrogatories); Wright v. Jackson, 329 S.W.2d 560, 561-62 (Ky.1959) (same).
III. CONCLUSION
In conclusion, we find no palpable error in the trial court’s decision to admit expert testimony of building code violations without a concomitant jury instruction as to the applicability of the code. We therefore reverse the judgment of the Court of Appeals and reinstate that of the trial court.

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ACFI 2002 Major Assignment

This assignment should follow Australian accounting standards.

The following instructions are from additional explanation from professor.

1. PART A:

“An additional 75 000 $2.00 shares have been issued and fully paid during the 2014 financial year.”

-> Assume the additional 75 000 fully-paid shares have been issued on 1 September 2013.

2. PART A – Question 1:

“appendix C” -> “appendix B”

” I would like to clarify one thing, which will be relevant to everyone. The assignment states “The following revaluations were recognised during the year”. This means the transactions related to revaluation have been already reflected in the balances (given below the additional information b). However, you still need to calculate the balances of share capital and dividends paid.

I found the way in which the information presented in the assignment could be misleading. ”

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Nursing Research

Must follow Assignment 2 Grading Criteria
Topic: Catheter-Associated Urinary Tract Infections (CAUTI).

By Week 4, Day 5, write a 3- 4 page paper addressing the sections below of the research proposal.
Theoretical Framework
• Overview and Guiding Propositions(s) Described in Theory
• Application of Theory to Your Study’s/Project’s Focus
Methodology
• Sample/Setting: Number and criteria for inclusion and description of place in which data will be collected.
• Sampling Strategy
• Research design: Type (e.g., Quasi-Experimental), description and rationale for selection.
• Instruments: Description, validity and reliability estimates, which have been performed (on a pre-established measure). Include plans for testing validity and reliability of generating your own instrument(s).
• Description of the Intervention
Post your assignment to the W4: Assignment 2 Dropbox.
Assignment 2 Grading Criteria Maximum Points
Theoretical Framework is described and includes overview and guiding propositions. 10
Application of theory to proposed study is explained fully. 10
Sample discussion includes justification for number of subjects and criteria for inclusion/exclusion 5
Setting Discussion includes an overview and rationale for setting location 5
Sampling Strategy is fully explained and appropriate to the study focus. 5
Research design is described in detail and is appropriate to answer the research question. 5
Followed APA guidelines for writing style, spelling and grammar, and citation of sources. 10
Total: 50

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Incorporating a theory

Identify a theory that can be used to support your proposed solution. The proposed solution can be found in the document that I am going to upload. APA 6th edition and use as many references as you need. Write a summary in which you:
1. Describe the theory and your rationale for selecting the theory.
2. Discuss how the theory works to support your proposed solution.
3. Explain how you will incorporate the theory into your project.

Here are a several links of theories exampes to help come up with a new theory:

http://www.emtech.net/learning_theories.htm

http://currentnursing.com/nursing_theory/

http://www.rchf.org/news/pdf/theories-and-models-frequently-used-in-health-promotion.pdf

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the Advisory Opinion by the International Court of Justice on the Kosovo Declaration of Independence, given on 22 July 2010

The purpose of the first assessment for A.L.R.M. is to assess your understanding of the skills material covered in the first three weeks of sessions. Specifically this assessment seeks to ascertain whether you are able to locate an authoritative version of an international law case, identify key pieces of information contained within the judgment, summarise the key facts, arguments and decisions presented, and correctly reference the case (and any other sources you may use) when cited.
The case that will be studied in this assessment is the Advisory Opinion by the
International Court of Justice on the Kosovo Declaration of Independence, given on 22 July 2010.
Please answer the following questions:
1. Please provide a full OSCOLA-compliant reference for this advisory opinion.
2. Who initiated this Advisory Opinion and on what legal authority had the Court jurisdiction?
3. Was the jurisdiction challenged?
4. Who was presiding over the Court?
5. In what forms had evidence been presented to the Court?
6.
The Advisory Opinion was not unanimous: what was the split between those in the majority and those in the minority? Separate opinions were also appended to the judgment; how do these differ from the dissenting opinions? [You will need to look beyond the judgment to find the answer to the second question.]
7. What was the central legal question at the heart of this Advisory Opinion? What were the salient background facts to that question?
8. Outline the arguments presented for and against on this question.
9. What was the Court’s finding and reasoning on the question of Kosovo�s Declaration?
10. In what languages and to whom were copies of the judgment sent?
Where and when to submit
There is no word count for this assessment but please write concisely.

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