Coping with e-commerce (look at firm's distribution strategy in Essay

Coping with e-commerce (look at firm's distribution strategy in meeting delivery performance) - Essay Example To deliver aptly to all these customer sets, Amazon has put in place the largest warehouse and distribution systems for a e-commerce company in the world. Utilizing this extensive and efficient system, Amazon has bee able to improve its delivery performance optimally, even becoming a role model for other companies. â€Å"In the US, more and more traditional retailers are seeking to compete with the efficiency and shipping speed of online.† (Virtual Strategy 2011). E-Bay, which facilitates transactions between sellers and buyers of wide range of products, also exhibit good delivery performance, but not up to the levels of Amazon. However, lately it is trying to improve its delivery performance by adopting various measures. For example, for the sellers, who have optimum delivery performance or times, it offers financial discounts and better placements for their products. In addition, it also added shipment tracking codes, so as to prove that they have shipped the products on tim e. This way, e-Bay could match Amazon in delivery performance. "This is part of the whole picture of [eBay] getting more involved and more controlled like Amazon," (trendbird.biz). 2. B2B and B2C It becomes clear that the World Wide Web, unconstrained by the geographical territories and boundaries, allows the businesses to operate in a truly globalized scale. A business which not only takes orders for products online from its merchants or suppliers or the direct consumer customers, but also completes the transaction is a true example of B2B and B2C commerce. Business-to-business or â€Å"B2B† for short, is a term which is commonly used to explain the electronic form of business transactions that takes place between businesses (with minimum role for customers). B2B commerce website will serve as channels that will permit coordination between different businesses and outsourcing companies. Thus, the companies adopting this form or e-commerce will have online outlets, and throug h which they will prefer to deal with other companies only to sell their products and services, instead of directly offering it to the consumers. On the other hand, companies adopting Business to Consumer, or B2C for short, will put in place online portals, which offer products and services directly to the consumers. Many companies or retailers or online retailers all adopt this method, as they reach the product directly to the customer through their own network of supply chain and distribution centers. â€Å"B2C has grown to include services such as online banking, travel services, online auctions, health information and real estate sites† (Bajaj and Nag 2005). Apart from the basic difference in ‘end users’, the difference between B2B and B2C is B2B involves more long-term relationship than B2C, which is maximally one-off. That is, in the case of B2C, after the transaction is over, there may not be continual relationship, however in the case of B2B, the transact ions and relationship could continue for a longer time, if everything works out well. 3. Buy-side and Sell-side As stated by Chaffey (2002), â€Å"when evaluating the impact of e-commerce on an organisation, it is Instructive to identify opportunities; for buy-side and sell-side transactions". Only if those opportunities and the related challenges are identified, organizations can optimally tune its strategies and its organizational processes.

Human resources management Essay Example | Topics and Well Written Essays - 750 words - 4

Human resources management - Essay Example For instance, one of the results of this disintegration is that Personnel Function is disabled to exercise comprehensive appraisal, meaning clear goal setting and evaluation of the personnel. In other words, it has no influence on the socialization of their newcomers and current employees; thus, it is incapable to see their progress, understand their primary expectations, and clarify their functions on the workplace. In short, the lack of systematization in personnel recruitment is among the main challenges for Personnel Function. Thus, the future of this body is blurring, since its ineffectiveness becomes more and more evident. In short, Personnel Function is slightly responsible for HR management even now, and tends to lose even more freedom in the future In the short-term period, the absence-management is the subject of concern in Valleyway. In this context, there is a need to provide this kind of management in terms of both comprehending the social structure of employees (age, gender, family conditions) and creating satisfactory job situation (team building, responsibility, and work rotation). In fact, current problems in absence management is hard to identify, because Personnel Function has not enough information on the company’s employees. Each gender and age has different reasons of absence; thus, Personnel Function must know in detail about everyone’s living conditions in Valleyway. Another short-term measure is to provide 360-degree appraisal held by Personnel Function, meaning the open discussion for all the employees with peer reviewing, introducing open culture and mutual responsibility in the company, and critical evaluation of own achievements on the workplace. In this meeting, it is crucial not only to know better the company’s staff but also to articulate corporate goals and ambitions with clear understanding of everyone’s investment in them. Moreover, the effectiveness of

Apush Outline Essay Example for Free

Apush Outline Essay The Bonds of Empire, 1660-1750 o Rebellion and War, 1660-1713 ? Before Restoration (1660), England made little attempt to weld colonies ? Royal Centralization, 1660-1688 †¢ Restoration monarchs disliked representative government †¢ Charles II rarely called parliament into session after 1674, and none after 1681 †¢ James II wanted to rule as absolute monarch o Meant he would never face an elected legislation †¢ These 2 kings had little sympathy for Am.   RI, and Plymouth into Dominion of New Eng. o 1688= NY and the Jerseys came in o Sir Edmund Andros became governor of Dominion of New Eng. ? The Glorious Revolution in England and America, 1688-1689 †¢ Charles II converted to Catholicism on deathbed †¢ Eng. olerated James’ conversion to Catholicism b/c his heirs (Mary and Anne) were Anglican †¢ Bloodless revolution of 1688=Glorious revolution o Created limited monarchy in Eng. ? Promised to summon parliament once a yr. , sign all its bills, and respect traditional civil liberties o William and Mary (now king and queen of eng. after they overthrew James) dismantled Dominion of New Eng. o NY rebelled with Leisler’s Rebellion ? The Enlightenment †¢ In 1750 the Enlightenment’s greatest contributions to Am. life still lay in the future. A quarter-century later, Anglo-Am. drew on the enlightenment’s revolutionary ideas as they declared their independence from Britain and created the foundations of a new nation †¢ It was an age of optimism, tempered by the realistic recognition of the sad state of the human condition and the need for major reforms. The Enlightenment was less a set of ideas than it was a set of attitudes. At its core was a critical questioning of traditional institutions, customs, and morals. ? The Great Awakening †¢ In New England, the Great Awakening was influential among many Congregationalists †¢ In the Middle and Southern colonies, the Awakening was influential among Presbyterians and other dissenting Protestants. †¢ A time of increased religious activity. The revival began with Jonathan Edwards, a well-educated theologian and Congregationalist minister from Northampton, Massachusetts, who came from Puritan and Calvinist roots, but emphasized the importance and power of immediate, personal religious experience. †¢ Edwards’ sermons were powerful and attracted a large following. o Sinners in the Hands of an Angry God, is his most famous sermon. †¢ The Methodist preacher George Whitefield, visiting from England, continued the movement, traveling across the colonies and preaching in a more dramatic and emotional style, accepting everyone into his audiences.

Graduation Speech: The Future is Now :: Graduation Speech, Commencement Address

Good evening parents, grandparents, aunts, uncles, siblings, and friends. I would like to thank you all for coming to this very special day. I know how proud you must be. As we have grown over the years, there are many stages we all have gone through. From learning our shapes and colors, to getting our first kiss in middle school, or how about explaining to our parents why we skipped school because the principal called home. As we remember these days, things that we've done will be with us forever. But this is only the start of our journey. The day has come where we say goodbye to the big yellow buses, assemblies, assigned seating, and attendance policies. Are you really gonna miss it? For some of us maybe not right away. But eventually we will so for us to be here it is not necessarily an achievement, but a privilege. All of us have been in school over half our lives. To graduate is one more step we've taken in our lives. Now I would like to take the time to thank everyone who has helped me get this far. First of all, thank you to all the teachers. None of us would be here without you always pushing our academic abilities to the fullest. Jessica Parker a.k.a. my partner in crime as Mr. Tri would refer to us. You made everyday coming to school worthwhile. Hillary Laswell, who would leave third period to go steal flowers from horticulture and give them to Mrs. Granillo with me. My brother Jeramie who always said, "If anyone is mean to you, I'll take care of it." My Mom, thank you for always believing in me and putting up with me when I was a real jerk.

Pros and Cons of Outsourcing

Pros and Cons of Outsourcing ShaQuanvia Jones Potomac College Pros and Cons of Outsourcing What do you do when you need a job done that someone else specializes in? Well, of course you would hire that person to do the job. For instance, when you have a company, there are many parts to the company and each part has a different specialization. So they hire people that can do that job. It is the same way with larger companies. They hire manufacturers and smaller companies that specialize in a certain job to do it for them. This is all called outsourcing. Even though it sounds like myriads of advantages, it also has some disadvantages also.What is outsourcing? Outsourcing is obtaining goods and services from an outside supplier. It is like a contract with someone or a company to do a particular job that they specialize in. A car factory would hire companies that make the different parts of the car. Since the company already has the supplies and machinery for the parts it would be cheaper . In this case, the company that is helping the car factory would be called a service provider. It is providing a service that it specializes in to a larger company. These service providers are also called third-party providers.This name is given because it is the provider behind the main provider. Outsourcing is done in many companies like insurance companies, grocery stores, and many of the big businesses. Pros of Outsourcing With outsourcing comes many pros, or advantages. Outsourcing is very popular in our country and internationally. It helps businesses focus on their priorities or their main functions instead of secondary tasks. For example, if a company was good in handling finances, it would be hired to handle only the finances. Outsourcing also reduces expenses by finding certain industries purposes in areas where important costs are cheaper.If you noticed, many of our clothes or shoes are made in China. This is an example of outsourcing but it is a certain type called offs horing. Offshoring is when companies are outsourcing to foreign countries. America does offshoring because it is cheaper to get goods from China. If outsourcing was not a dependent, a company would not have to worry about trying to communicate with another to get goods and services. By not doing outsourcing, a company will also know what is going on with its product and be aware of any incidents. Cons of Outsourcing Although there are many advantages to outsourcing, there are some disadvantages, or cons.Many of the disadvantages would come from communication. When a company is receiving or purchasing goods from another country, they have to have a way to understand their language. With the diverse languages, it would be very hard; therefore offshoring can cause language barrier concerns. Another issue with offshoring would be the different time zones. The products would have to be ordered at the right time because getting products internationally are hard to do. The products have to be in before a certain time. Although outsourcing makes it cheaper for goods, this may also cause many Americans to lose jobs.If outsourcing was not depended on, a company would have to do all the work by their self which would cost more and take longer. As you can see, outsourcing is a very important and useful thing when it comes to goods and services. It has some downfalls, but staying focused and planning ahead of time would be a very effective plan when hiring specialists or handling business overseas. Outsourcing only helps specialize in certain functions so that companies will not have to come out of pocket for extra expenses. Labor is also cheaper when it comes to outsourcing.

Nike - 954 Words

Nike. The Positioning statement of Nike is â€Å"For serious athletes, Nike gives confidence that provides the perfect shoe for every sport†. In today’s competitive environment, Nike, one of the global leaders in sporting goods industry, has established a strong position for enhancing athletic life style. It’s the number one sports manufacturer in the world design by Nolan Breitbarth in the 1970s with Phil knight founder of Nike Inc. It is the leading sporting goods Company in the United States and hundred and ten countries. However, it has become the passion for everyone to use its brand products that create the Nike Just Do It feeling for the competition. The consumer’s perception of brand influences their buying decision in sports†¦show more content†¦Nike + I pod sport kit changed the way people run and created better running experience. Nike chooses independent distributors. NIKE sells its products through about 22,000 retail accounts in the U.S and licensees in other countries. The Brand essence of Nike means a unique way of expressing sport in forms of performance, whereas its Brand personality is seriousness of athletes and global representations. Competition: Nike is number one athletic shoe of the United States and creates goods for a wide range of sports; they have competition from every sports and sports fashion brand. Initially, Nike had no direct competitors because there was no single brand which could compete directly with Nike s range of sports until Rebook came along in the 1980s.Now they have competitors like Adidas, Puma and Rebook. The top U.S. made Nike is known as high tech sports shoes. Conclusion: Nike truly focuses on its athletic products, rather than concentrating on fashionable outfitters. . It has engaged in the cultural phenomenon in the world with its world’s most watched events like Basketball and Soccer. Also, it’s successful in gaining the attention of the United States athletes with its most watched sporting event-NFL. Resources: http://en.wikipedia.org/wiki/Nike, _Inc http://www.sneakerhead.com/jordan-brand-history.html http://weblogs.hitwise.com/heather-hopkins/2006/04/fifa_world_cup_opportunities_f.htmlShow MoreRelatedNike And Nike Vs. Nike1268 Words   |  6 PagesAdidas and Nike are two major athletic clothing companies on the market. The two brands are both commonly worn by athletes. Nike has endorsed some of the top athletes in the world. Take Michael Jordan for example, Nike created an entire brand off his name, â€Å"Air Jordan’s.† Adidas also has multiple athletes that advertise for them including soccer player David Beckham. The two companies have been in constant competition with their footwear and apparel for several years. Deciding between the two brandsRead MoreNike And New Balance : Nike937 Words   |  4 PagesNike and New Balance Introduction Nike and New Balance both are companies that sell sports apparel. Nike brand is one of the most popular brands and has been around years and has the popular slogan â€Å"Just Do It†. Nike’s goal is to make products to every person by making sports apparel that will decrease injuries, enhance performance, and lastly that will feel good to wear. On the other hand, New Balance is not as popular. New Balance is still trying to become one of the top brands for sports apparelRead MoreNike And Challenges Of Nike Inc. Essay1349 Words   |  6 PagesExecutive Summary Nike was founded in 1972 by Philip Knight and Bill Bowerman. The focus of this report would be an analysis of how Nike’s manages and delivers its service to its customers. It also looks into Nike’s emphasis on its product quality and innovative design to meet the ever changing consumer preferences. 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It is known as one of the largest supplier for sports-related products in worldwide. The company mainly focus on selling athletic shoes, sportswear and other sports-related products. In year 2014 its brand value was valued at 19 billion, making it the most valuable brand among all sports-related business. By the end of 2015, It had an incomeRead MoreNike : Business Analysis : Nike1484 Words   |  6 PagesNike Business Analysis Donny Otwell, Jasen Saavedra, Mohamed Takkouch Business 10 Mrs. Rochin December 5, 2016 Donny Otwell, Jasen Saavedra, Mohamed Takkouch Mrs. Rochin Bus 10 December 5, 2016 NIKE Although facing major competition throughout their history, Nike has been able to grow from a two-man team into a multibillion-dollar corporation in less than 40 years. Nike was started in 1971 after Phil Knight had done research with FormerRead MoreNike s Marketing Plan For Nike Essay962 Words   |  4 PagesFounded January 25, 1967, NIKE, Inc. 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Hunter and New England Local Health District - Free Essay Example

Sample details Pages: 7 Words: 2117 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Hunter and New England Local Health District v McKenna [2014] HCA 44 Introduction The case of Hunter and New England Local Health District v McKenna[1] concerned the primary issue of whether a common law duty of care owed to third parties by health authorities and their employees were consistent with the appellantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ statutory obligations in relation to detaining and discharging mentally ill persons[2], under the Mental Health Act 1990 (NSW) (MHA).[3] The High Court of Australia unanimously held in favour of the appellants. An objective of the MHA, however, was the à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ of mentally ill patients.[4] On this basis, the decision of the High Court is questionable, as the Court failed to assess a least restrictive environment enabling care and treatment against the necessity for à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢. Such a need for control was required in these circumstances, and accordingly gave rise to a duty of care which was breached through the discharge of the patient. Don’t waste time! Our writers will create an original "Hunter and New England Local Health District" essay for you Create order Facts Mr Pettigrove, who suffered from a history of mental illness, was involuntarily admitted to, and detained in hospital, upon his friend, Mr Rose, being concerned about the mental state of Mr Pettigrove. Following an assessment by a psychiatrist, he was discharged into the custody of Mr Rose to enable them to travel to Victoria where Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother lived. During the car drive, Mr Pettigrove killed Mr Rose. Before later committing suicide, Mr Pettigrove told police that he had acted on impulse, believing that Mr Rose had killed him in a past life. Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s family brought an action against the health authority claiming negligence on its part. The respondents alleged that the appellants owed Mr Rose and his relatives a duty to prevent Mr Pettigrove causing harm to Mr Rose, which it failed to do and as a consequence, they suffered nervous shock brought about by Mr- Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s death.[5] Procedural History At first instance, Elkaim DCJ, the trial judge of the New South Wales District Court found that there was no breach of duty of care as the respondents had failed to establish, that the risk was reasonably foreseeable and à ¢Ã¢â€š ¬Ã‹Å"not insignificantà ¢Ã¢â€š ¬Ã¢â€ž ¢ that a reasonable person would have taken precautions against it.[6] On appeal, the New South Wales Court of Appeal (consisting of Beazley P, Macfarlan JA, and Garling J dissenting) held that à ¢Ã¢â€š ¬Ã‹Å"[t]he Hospital owed Mr Rose a common law duty to take reasonable care to prevent Mr Pettigrove causing physical harm to Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢,[7] and that that duty had been breached by the manner of discharge. By special leave, the appellants appealed to the High Court of Australia. Decision and Judicial Reasoning On the 12th of November 2014, the High Court (consisting of French CJ, Hayne, Bell, Gageler and Keane JJ) unanimously allowed the appeal. The Court held that the appellants did not owe the alleged co mmon law duty of care to Mr Rose and the respondents as this duty was inconsistent with the statutory obligations prescribed by the MHA. Referring to the judgement in Sullivan v Moody,[8] the High Court highlighted the difficulty in determining the existence and nature and scope of a duty of care. The difficulties included where (a) the nature of the harm suffered is caused by criminal conduct; (b) the defendant has a specific discretion or obligation under the existence of a statutory power; (c) the class of persons to which a duty is owed to is difficult to confine and (d) there is a need to preserve legal principles, or a statutory scheme.[9] Although each of these areas were observed to be relevant to the case, the Court concentrated on the second point in particular when reaching its decision. The Court concluded that the provisions of the MHA, which prohibited the detention or the continued detention of an individual unless no other less restrictive care was available, w as inconsistent with a common law duty of care requiring regard for the safety and welfare of those whom a mentally ill person may come into contactwithwhennotà ¢Ã¢â€š ¬Ã¢â‚¬ detained. Emphasis on à ¢Ã¢â€š ¬Ã‹Å"Controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ The MHA manifested the need for mentally ill patients to à ¢Ã¢â€š ¬Ã‹Å"receive the best possible care and treatment in the least restrictive environmentà ¢Ã¢â€š ¬Ã¢â€ž ¢[10] which, inherently favoured Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s discharge. Nonetheless, the objectives of the MHA, were equally concerned with the à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ of mentally ill persons including control intended to protect and prevent such persons, and others, from serious harm. Mr Pettigrove was admitted with principal diagnosis of exacerbation of chronic paranoid schizophrenia. He was certified by the medical superintendent to be mentally ill and involuntary admission and detention was found to be required.[11] During the early hours of the morning in the hospital, a nurse documented Mr Pettigrove to be à ¢Ã¢â€š ¬Ã‹Å"clearly experiencing psychotic phenomenonà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"pre-occupied and agitatedà ¢Ã¢â€š ¬Ã¢â€ž ¢ and having admitted to à ¢Ã¢â€š ¬Ã‹Å"voices that bother himà ¢Ã¢â€š ¬Ã¢â€ž ¢.[12] On the morning of the drive to Victoria, a psychiatrist assessed Mr Pettigrove and said that he did not have any distressing thoughts during the night. However, this was inconsistent with the nursesà ¢Ã¢â€š ¬Ã¢â€ž ¢ notes. Moreover, it is difficult to accept that the observations of that morning formed a sufficient basis to conclude the symptoms for which Mr Pettigrove had been admitted to hospital had disappeared. It may be argued that Mr Rose volunteered to drive Mr Pettigrove to Victoria and therefore he was adequately placed to exercise his own judgment about his ability to protect himself from harm.[13] However, Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s offer was to drive Mr Pettigrove when he was à ¢Ã¢â€š ¬Ã‹Å"well enoughà ¢Ã¢â€š ¬Ã¢â€ž ¢[14] which clearly implied that Mr Rose relied on the hospital forming the view that, before he was discharged, Mr Pettigrove was fit to travel with him to Victoria. Therefore, Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s safety was dependent upon an astute judgment by the appellants. In light of these observations, there was a need for control of Mr Pettigrove by continued detention. For the purposes of complying with statutory obligations, Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s involuntary treatment order could have been revoked and he could have simply been encouraged to remain in hospital as a voluntary patient to undergo further treatment. Further, these observations suggest that there was a à ¢Ã¢â€š ¬Ã‹Å"reasonably foreseeable riskà ¢Ã¢â€š ¬Ã¢â€ž ¢ that was à ¢Ã¢â€š ¬Ã‹Å"not insignificantà ¢Ã¢â€š ¬Ã¢â€ž ¢ that without appropriate treatment, Mr Pettigrove might cause harm to himself or a third party. Referring to the present case, the High Court stated that : à ¢Ã¢â€š ¬Ã‹Å"[For] a mentally ill person, the risk of that person acting irrationally will often not be insignificant, farà ¢Ã¢â€š ¬Ã¢â‚¬Ëœfetched or fanciful. And, in such cases, there will often be a risk that the irrational action will have adverse consequencesà ¢Ã¢â€š ¬Ã¢â€ž ¢.[15] These observations would have led a reasonable psychiatrist in the appellantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ position, to continue to detain Mr Pettigrove and not consign him into the care of Mr Rose for a long road trip on their own. A reasonable psychiatrist would have asserted that Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s symptoms were liable to fluctuate and that there was no guarantee of recovery from a psychotic episode.[16] Therefore, a duty of care was owed to third parties and that duty was subsequently breached by the health authority in discharging Mr Pettigrove into the custody of Mr Rose. As a result, the appellants failed to uphold the aspect of à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ pursuant to the MHA. A Question of Public Policy Section 20 of the MHA ultimately promotes the civil rights of mentally ill persons by requiring minimum interference with their liberty. InCarrier v Bonham,[17]McPherson J referred to à ¢Ã¢â€š ¬Ã‹Å"more humane methods of treatmentà ¢Ã¢â€š ¬Ã¢â€ž ¢for mental health patients, enabling à ¢Ã¢â€š ¬Ã‹Å"greater liberty of movementà ¢Ã¢â€š ¬Ã¢â€ž ¢.[18] However, the right to dignity, autonomy and respect of mentally ill persons should not detract from the more imperative right to proper care and treatment, including protection. This priority assumes even greater significance when the personà ¢Ã¢â€š ¬Ã¢â€ž ¢s insight into his or her mental illness is impaired and their decision-making capacity is affected. [19] Such was the situation of Mr Pettigrove and therefore, the necessity for control through detention, should have outweighed the requirement for à ¢Ã¢â€š ¬Ã‹Å"least restrictiveà ¢Ã¢â€š ¬Ã¢â€ž ¢ care and treatment. Implications T he decision of this case creates a high level of immunity for psychiatrists and the institutions through which they provide services, from tortious liability for violent conduct of patients upon failure to impose involuntary detention or maintain involuntary detention.[20] This decision also reinforces the judgement of Sullivan v Moody, that when determining the nature and scope of a duty of care in particular circumstances, regard must be had to statutory obligations, which may serve to circumscribe or override the duty otherwise owed.[21] Conclusion The appellants owed, and breached a duty of care to Mr Rose and the respondents by discharging Mr Pettigrove. Such an act involved an imprudent exercise of the statutory duty under the MHA as the Act was equally concerned about the à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ of mentally ill patients as with their liberty. The High Court failed to evaluate this necessity of control against a least restrictive environment. Nevertheles s, the decision of the case heightens the tension surrounding both the balance between the liberty of mental health patients, and the protection of such patients and the wider community, as well as the coexistence of statutory powers and common law liability. Bibliography Articles/books/reports Freckelton, Ian, à ¢Ã¢â€š ¬Ã‹Å"Legal Liability for Psychiatristsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Decisions about Involuntary Inpatient Status for Mental Health Patientsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 22(2), Journal of Law and Medicine 280-289 Freckelton, Ian, à ¢Ã¢â€š ¬Ã‹Å"LiabilityofPsychiatristsforFailuretoCertifyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 10(2) Psychiatry, Psychology and Law 397-404 Peterso, Kathryn, à ¢Ã¢â€š ¬Ã‹Å"Where is the line to be drawn? Medical Negligence and Insanity in Hunter Area Health Service v Preslandà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 28(1), Sydney Law Review 181-196 Rangarajan, Shrikkanth and Bernadette McSherry, à ¢Ã¢â€š ¬Ã‹Å"To Detain or Not to Detain: A Question of Public Duty?à ƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ (2009) 16(2), Psychiatry, Psychology and Law 288-302 Scott, Russ, à ¢Ã¢â€š ¬Ã‹Å"Hunter Area Health Services v Presland: Liability of Mental Health Services for Failing to Admit or Detain a Patient With Mental Illnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 13(1), Psychiatry, Psychology and Law 49-59 Scott, Russ, à ¢Ã¢â€š ¬Ã‹Å"LiabilityforHealthServices for not Involuntarily Detaining and Treating a Mentally Ill Personà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2015) 22(1), Psychiatry, Psychology and Law 1-31 Scott, Russ, à ¢Ã¢â€š ¬Ã‹Å"Liability of Psychiatrists and Mental Health Services for Failing to Admit or Detain Patients with Mental Illnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 14(3), Australasian Psychiatry 256-262 Cases Carrier v Bonham [2001] QCA 234 Hunter and New England Local Health District v McKenna [2014] HCA 44 McKenna v Hunter New England Local Health District; Simon v Hunter New England Local Health District [2013] NSWCA 476 Presland v Hunter Area Health Service [2003] NSWSC 754 Sullivan v Moody (2007) 207 CLR 562 Legislation Mental Health Act 1990 (NSW) Civil Liability Act 2002 (NSW) Other Blacker, Wendy, and Tejas Thete, à ¢Ã¢â€š ¬Ã‹Å"Detention or Release: The Common Law and Statutory Dichotomyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) Gadens https://www.gadens.com/publications/Pages/Detention-or-release-the-common-law-and-statutory-dichotomy.aspx at 4th April 2015 Leaver, Cameron, à ¢Ã¢â€š ¬Ã‹Å"Hunter and New England Local Health District V Merryn Elizabeth McKenna [2014] HCA 44; Hunter and New England Local Health District V Sheila Mary Simon Anor [2014] HCA44à ¢Ã¢â€š ¬Ã¢â€ž ¢ on Cameron Leaver, Hicksons Health Law Blog (13 November 2014) https://hicksonshealthlawblog.com/2014/11/13/hunter-and-new-england-local-health-district-v-merryn-elizabeth-mckenna-2014-hca-44-hunter-and-new-england-local-health-district-v-sheila-mary-simon-anor-2014-hca-44/ at 3rd April 2015 Merryn Elizabeth McKenna, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Chronologyà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S142/2014, 25 July 2014 Hunter and New England Local Health District, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissionsà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S143/2014, 25 July 2014 Van de Poll, John and Vahini Chetty, à ¢Ã¢â€š ¬Ã‹Å"Is a Hospital Liable for the Criminal Acts of Its Mental Health Patients?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (May 2014) Holman Webb Lawyers https://www.holmanwebb.com.au/publications/is-a-hospital-liable-for-the-criminal-acts-of-its-mental-health-patients at 3rd April 2015 [1] [2014] HCA 44. [2] Mental Health Act 1990 (NSW) s 9 (definition of à ¢Ã¢â€š ¬Ã‹Å"mentally ill personà ¢Ã¢â€š ¬Ã¢â€ž ¢). [3] Ibid s 20. [4] Ibid s 4(1). [5] John Van de Poll and Vahini Chetty, à ¢Ã¢â€š ¬Ã‹Å"Is a Hospital Liable for the Criminal Acts of its Mental Health Patients?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (May 2014) Holman Webb Lawyers https://www.holmanwebb.com.au/publications/is-a-hospital-liable-for-the-criminal-acts-of-its-mental-health-patients at 3 April 2015. [6] Civil Liability Act 2002 (NSW) s 5B (1). [7] McKenna v Hunter New England Local Health District; Simon v Hunter New England Local Health District [2013] NSWCA 476, [108] (Macfarlan J). [8] Sullivan v Moody (2007) 207 CLR 562. [9] Ibid [50]. [10] Mental Health Act 1990 (NSW) s 4(2). [11] Merryn Elizabeth McKenna, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Chronologyà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S142/2014, 25 July 2014, 2. [12] Dr Russ Scott, à ¢Ã¢â€š ¬Ã‹Å"LiabilityforHealthServices for not Involuntarily Detaining and Treating a Mentally Ill Personà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2015) 22(1) Psychiatry, Psychology and Law 1, 4. [13] Hunter and New England Local Health District, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissionsà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S143/2014, 25 July 2014, 10 [54]. [14]14 Ibid 4 [21]. [15] Hunter and New England Local Health District v McKenna [2014] HCA 44, [31]. See also Presland v Hunter Area Health Service [2003] NSWSC 754. [16] McKenna v Hunter New England Local Health District; Simon v Hunter New England Local Health District [2013] NSWCA 476, [133] (Macfarlan J). [17] Carrier v Bonham [2002] QCA 234. [18] Ibid [36] (McPherson J). [19] Dr Scott Russ, à ¢Ã¢â€š ¬Ã‹Å"LiabilityforHealthServices for not Involuntarily Detaining and Treating a Mentally Ill Personà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2015) 22(1) Psychiatry, Psychology and Law 1, 26. [20] Ian Freckelton, à ¢Ã¢â€š ¬Ã‹Å"Legal Liability for Psychiatristsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Decisions about Involuntary Inpatient Status for Mental Health Patientsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 22(2), Journal of Law and Medicine 280. [21] Wendy Blacker and Tejas Thete, à ¢Ã¢â€š ¬Ã‹Å"Detention or Release: The Common Law and Statutory Dichotomyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1 December 2014) Gadens https://www.gadens.com/publications/Pages/Detention-or-release-the-common-law-and-statutory-dichotomy.aspx at 4 April 2015.