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Thread: Arrests over China Wal-Mart death

  1. #31
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    Re: Arrests over China Wal-Mart death

    A settlement is not a confession of guilt no matter how much one wants it to be. Its often the most savvy business move as it saves time, money, a negative publicity.
    That is true. However, assuming a similar suit was brought, it would increase the chance that Wallmart settles again. I suspect that the Chinese government will actually push for a settlement, as they would not like to upset their extremely lucrative trade.

  2. #32
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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by RightinNYC View Post
    I think there's a very legitimate reason for the policy that Kandahar is getting at - it incentivizes companies to set strict rules about what their employees can or can't do, and gives them a reason to really enforce it.
    Yes, but NOT telling an employee what NOT to do is NOT a tacit approval of that act.

    I'm NOT sure if I could have worded that better...

    I can definitely envision a scenario where Wal-Mart would be held liable here. If they had a policy saying things like "preventing shoplifting is the most important part of your job, be diligent, if people get away you will lose pay, etc." and that failed to set strict rules about what they couldn't do, they would probably be liable.
    I'm sure they would but I don't agree that they should. Does Wal-Mart need to tell its janitors NOT to use baby-oil to clean the isles, lest someone falls and hurts themself?

    It's very unclear as to what their internal rules are, but going off of what I know about Wal-Mart's policies, it seems likely that they had strict rules in place to prevent this.
    I'm sure you're right, which is why I said to Kandahar that Wal-Mart probably doesn't permit deadly beatings as part of its security protocol.

  3. #33
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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Ethereal View Post
    How do you expect Walmart to prevent isolated incidents of violence? Why should they be liable?
    In the common law idea of property, which is of course different to the corporate one, you are expected to keep a reasonable level of supervision of your agents behaviour when it comes to your property. Failure to do so can leave you liable.

    The question becomes, in such incidents, whether there was such reasonable supervision. If an employee randomly beats up a customer outside the store that is one thing, if there is a culture of ignoring or encouraging similar behaviour then that is something very different. Obviously this is academic as we are talking about china but if your question did seem a little broader, about ideals, to me.
    Last edited by Wessexman; 09-09-09 at 03:21 AM.
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  4. #34
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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by tlmorg02 View Post
    BBC NEWS | Asia-Pacific | Arrests over China Wal-Mart death



    Here is the real question! What will WalMart do to prevent a repeat of this incident, and will they be liable for this? Thoughts?
    Hey, she should have known better than to mess with communist security guards.
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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by American View Post
    Hey, she should have known better than to mess with communist security guards.
    Yeah, because all Chinese are communist.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Coronado View Post
    Yeah, because all Chinese are communist.
    Okay okay, just in jest.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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