Carnival Cruise Lines Case Study Example | Topics and Well Written Essays - 750 words

Carnival Cruise Lines - Case Study Example 2.2 The Case Law principally is Bremen v Zapata Off-Shore Co., 407 U.S. 1 (1972), which found that â€Å"in light of present-day commercial realities and expanding international trade we conclude that the forum clause should control absent a strong showing that it should be set aside.† 2.3 Statutory Law is 28 U.S.C. 1404(a), which provides: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought" (forum non conveniens). 3. Analysis – The spouses Shute boarded the Tropicale in Los Angeles, California, on a cruise to Puerto Vallarta, Mexico and back. On the return trip, as the ship passed international waters, Eulala Shute slipped on a deck mat during a guided tour of the ship’s galley and was injured. The spouses filed suit, alleging negligence against the ship’s owners, Carnival Cruise Lines, and its employees. The action was filed in the U.S. District Court for Washington’s Western District. Carnival contended that the proper forum for the resolution of the dispute is in Florida, on the basis of the terms and conditions of the Passenger Contract Ticket. ... It also noted that a cruise line has a special interest in limiting the fora where it may be brought to court, because its customers can come from any number of locations as it is a business that transports people from place to place, and that passengers benefit from reduced fares due to the savings the cruise line realizes by limiting the fora for litigation. REACTION Upon reading the full text of the decision and after careful consideration, I would tend to disagree with the decision of the majority, and side with the dissenting opinion by Justice Stevens and joined by Justice Marshall. On the reasons given, I disagree that Carnival would be open to litigation in any number of places, because its customers would be concentrated in those areas it does business in. If Carnival has agents that market its services in certain areas, then Carnival earns money from them in their place of residence; they have sufficient operations in that area because their agent acts in their name and wit h their authorization. Furthermore, I disagree with the decision that savings from not incurring costs from filing pretrial motions directly translate to customers’ lower fares; what is certain is that without assuming anything else, it automatically adds to the firm’s profits. â€Å"Section 1404(a) is...intended to place discretion in the district courts to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness.† (Stewart Organization, Inc. v Ricoh Corporation, 487 U.S. 22 [1988]). The conditions in Bremen are unlike those in Carnival. I side with Justices Stevens and Marshall in observing that in Bremen the parties were

Critique E-Mail Documentation Essay Example | Topics and Well Written Essays - 750 words

Critique E-Mail Documentation - Essay Example Grey. personal communication MT1 29, 199X). Consequently, the emails made the situation even worse. Furthermore, the composed mails in majority of the instances failed to adhere to the rules of Basic English grammar, and the choice of the words in case of a formal letter also made the scenario extremely critical. The use of uppercase in a few of the originally mailed messages violated basic norms of formal English writing. Additionally, the mails were unable to depict a clear picture of the concerned matter by focusing more on inappropriate use of words and showing emotional feelings which could have been reserved for a face-to-face interaction. The e-mails failed to convey the actual meaning to either of the participants involved in the conversations. The exchanges were communicated in an extremely informal way without being concise. Thus, it can be stated that the participants were not careful during the exchange. The mails composed rather overshadowed the actual subject. The parti cipants were not able to understand the actual matter; rather they got confused in their efforts towards resolving the issue. It would have been better for them to have a round table discussion and to chalk out the issue personally with relying more on the face-to-face communication. Moreover, the participants took extended period of time to resolve the issue which could have been resolved more quickly. It can be stated that participants failed to resolve the concerning issue effectively. The exchanges of the emails were far below the expected level of professionalism. The poor use of grammar and punctuation, spelling mistakes cannot be considered to be professional. The participants were required to follow at least basic formal English language rules that would have helped them to present their messages in an understandable manner. In addition to this, the e-mail exchange was not considerate. The messages composed were missing the core subject matter; instead of resolving the issue , the composed emails increased its complexity. They could have been more thoughtful towards their mail composition and could have sequenced their messages in a more understandable and precise manner. The composed mails were lengthy and deviated far from the actual subject. In several instances the mails used many unethical words, such as killing and disgrace among others, which should not have been included (Frodo Jackson, personal communication, MT1 26, 199X). These words create a negative impression about the communicator. Thus, the entire e-mail exchanges lacked professionalism and use of ethical as well as formal composition. Part 2 - Improve the Communications "Improving Frodo's Communication" From: "Frodo Jackson" To: theprofessor@someinstitutionsomewhere.edu Sent: DayofWk, MT1 13, 199X 7:53:11 PM GMT -05:00 US/Canada Eastern Subject: Assignment 1-5-1 Professor Grey: Attached is my final assignment of 1-5-1. I appreciate your help during the course. I wish you great term brea k time. Thank you, Frodo Jackson ----- Original Message ----- From: Frodo Jackson To: The Professor Sent: DayofWk, MT1 26, 199X 12:59:22 PM Subject: Re: Grades Professor Grey Frodo I have checked my report and find it to be incomplete. I was looking forward for the grade to be updated by MTI/26/0X. At the same time, I