...been fined £30,000. This shows that the duty of care on the customers of the Chinese restaurant was not shown. Q2) explain with evidence which suggests that the duty of care owed by these businesses were breached? A2) the evidence which shows that the duty of care was breached by these businesses are that they failed to proceed with any quality checks on their products. If their checks had been completed thoroughly there would not have been bread or sweet and sour sauce with mouse’s in it. If this had also been completed the two businesses wouldn’t have found themselves in this situation of paying fines and affecting their reputation. Q3) were the injuries suffered by the victims as a direct result of the breach duty of care owed? Explain your answer. A3) Yes, the breach of duty of care directly had a correlation between the customer being ill and their product being affected. Due to the businesses failing to carry out their duty of care their customers suffered physically and emotionally which could lead to them never eating bread...
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...affected. When a breach happens, it could affect consumers, companies, and employees as well as individuals using online services at home. There are several types of breaches and it is very important to protect people from all of them. Internal attacks are the most frequent and easiest attacks because people already have access to the data. As a company, it is important to make sure that passwords used within the facility are updated frequently. Upon terminating an employee, a company should terminate all of the ex-employee’s access to existing networks. Another way a company experiences data breaches is by allowing unsecured mobile devices to access their network. Public access to a company’s networks raises a lot of risks. When devices access the network, it weakens the security of the network including passwords and secured accounts. The same thing applies to people in their homes. Home networks allow you to secure a connection by using a password. However, when outside parties are allowed access to the network, it becomes more vulnerable. It is important to filter the information that you send over a network. When making online orders or purchases at home, it is probably best to use a prepaid debit card versus one linked to an actual bank account. Also, online conversations raise vulnerabilities. When engaging a person met via an online service, it is best to be as discreet as possible. When “data breaches” occur, it is important to fully address what kind of breach of occurred...
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...techniques that go beyond malware. YOUR SECURITY SYSTEMS CAN’T STOP WHAT THEY CAN’T SEE. WHY CURRENT TECHNIQUES ARE FAILING: Traditional approaches only address the 40 percent of breaches that use malware They don’t enable proactive hunting to find and block adversary activity Most security tools only address part of the cyber ‘kill-chain’ When existing approaches fail, they provide no visibility, resulting in ‘silent failure’ IT’S TIME FOR A NEW APPROACH FALCON: THE BREACH PREVENTION PLATFORM Cloud Delivered NEXT-GEN AV EDR MANAGED HUNTING Continous Breach Prevention CrowdStrike has revolutionized endpoint protection by combining three crucial elements: next-gen AV, endpoint detection and response (EDR), and a 24/7 - managed hunting service — all powered by intelligence and uniquely delivered via the cloud in a single integrated solution. Falcon uses the patented CrowdStrike Threat Graph™ to analyze and correlate billions of events in real time, providing continous breach prevention and five-second visibility across all endpoints. WHY CROWDSTRIKE? Prevent Attacks – Both Malware and Malware-free – that Your Existing Security Tools Can’t Stop 5-Second Visibility to Discover and Investigate Current and Historic Endpoint Activity Lower Cost and Higher Performance with Cloud Delivery Reduce Complexity via a Single Agent and Increase Endpoint Performance Hunt Proactively for Adversaries with Integrated 24/7 Managed Hunting ...
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...prior to submitting our application to the client it was discovered that some code, as well as a few of the artwork elements included in the project were utilized without proper permissions from online sources. This required a complete recode to entire portions of the project, as well as to redesign the artwork and visual components. This also required the immediate dismissal of the employees whom perpetrated the violations as is the consequence clearly laid out in the employee handbook which every employee is provided upon their employment. While the client is happy that we identified and resolved the situation prior to providing them with their contracted product, they are understandably less than satisfied due to the delays which this breach caused. Potential effects of this action to Pearson and Watters Inc. could be long lasting. Our very reputation is at stake in any such matter. Not only have we now failed to provide a client with their product in the timeframe which we stated, but that client cannot help but wonder about past and even future projects and whether or not other such breaches were caught. This further effects our company due to having to replace the offending employees rapidly, lost profits due to additional time required to be spent on the project, as well as damaging our confidence that we have hired the best possible candidates for our project...
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...Top Six Data Breach Trends for 2014 April 28, 2014 Article Reference Griffin, Joel. "Top six data breach trends for 2014." SecurityInfoWatch.com. N.p., 10 Jan. 2014. Web. 29 Apr. 2014. Summary This class has been absolutely phenomenal. I have been in the tech industry for about 5-6 years now and just recently started developing iOS apps and websites about 1-2 years ago and am still new and learning each and every day, but I haven’t really ever enjoyed a class this much. I have been reading articles each week for these research papers that are required weekly and due to the requirement of breaking them down and performing a “dive deep” on them, I have really been able to relate what we are learning in school to actual life and real life situations. The article that I choose for this week is from Security Info Watch and it discusses the future of data breaches this year and things that we could encounter over the time frame of this year and next decade as technology continues to grow at the rate it is growing. It compare the big breach with Target and aligns it to other situations that are possibilities with the way we use our technology. One of the big theories that the article through out was that we are going to run into issues with all of this cloud computing and big data and that society is very vulnerable to a big data cloud breach. Apple has started the whole ball rolling with cloud computing storing all of your...
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...Data breaches are among the most frequent and expensive security failures in many organizations across the world. In fact, studies have shown that companies are attacked tens of thousands of times per year. With today's data moving freely between internal and external networks, mobile devices, the Internet and the cloud, the disturbing data breach trend is on the rise. Poor network security and inadequate traffic segmentation were chief causes of data breaches in 2013 and 2014, compromising countless data records and costing corporate hacking victims, financial institutions, retailers and credit card issuers billions of dollars to resolve. The Latest Breach... In February, Anthem Inc., the nation’s second largest health insurance company,...
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...Preventing Security Breaches: Collaborative Summary Jasmine Crosby BIS/221 March 26, 2015 Mr. Kelvin Sigler Preventing Security Breaches: Collaborative Summary Within Week 2 we had to discuss an article on Preventing Security Breaches. The article of discussion was “Confronting the Emerging Threat”. Out of this article was listed several ways companies could use to prevent security breaching within their company. One major preventive measure that was interesting in the article is that companies should prohibit employees on transmitting confidential information via email this prevents outsiders from breaching data within the company. Although it is important to use high security within company email does this really stop encrypted information going out into the wrong hands? It was also stated in this article that companies using database systems that are outside of the company are at a great risk. This great risk for example, is a company my employer uses that host several employees training classes and also the last four of each employee social security number. There was an instance when they had an issue with their server which placed our database at risk of losing thousands of data. The major issue is that their IT department stated to us that they had no backup of all the data that we entered in the system for the past year. If we had not saved all the data we input for the past year we would have had to start from scratch. Therefore it is better to be safe than sorry...
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...IS3350 Unit 8 Assignment 1 To: Verizon Date: 2 February, 2014 Subject: Data Breach Executive Summary Overview Verizon’s 2013 Data Breach Investigations Report (DBIR) provides truly global insights into the nature of data breaches that can help organizations of all sizes to better understand the threat and take the necessary steps to protect themselves. The breadth and depth of data represented in this year’s DBIR is unprecedented. It combines the efforts of 19 global organizations: law enforcement agencies, national incident-reporting entities, research institutions, and a number of private security firms — all working to study and combat data breaches. Analysis With 47,000+ Security incidents analyzed, 621 confirmed data breaches studied, and 19 international contributors, Verizon has ample amounts of data to compile and use to better their network. This data can also be analyzed to see what types of people are making these breaches and what motives they may have for doing so. In the 2013 DBIR, 69% of breaches were spotted by an external party and 76% of the network intrusions were due too weak or stolen passwords. Some of the other factors that have been realized was that 75% of the attacks are opportunistic and 19% of attacks are some form of espionage. There is also much evidence that many of these breaches could be tied to organized crime and gathering financial information. On a very basic level, just looking at the history of organized crime, money has always...
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...$55 Million Dollar Data Breach at ChoicePoint Abstract Personal data breaches have become epidemic in the U.S. where innocent citizens sensitive information is being left unprotected and subsequently disseminated between hackers. ChoicePoint is an organization that is a premier data broker and credentialing service in the industry. The company was guilty of failing to fulfil their own policy of thoroughly evaluating prospective customer organizations which resulted in a major breach. The source of this failure will be evaluated as well as possible solutions. The punishment and repercussions will be evaluated for appropriateness and the reactions of the organization will be scrutinized for potential effectiveness. The root cause of the ChoicePoint data breach stemmed from the organizations failure to enforce their own policy of verifying the legitimacy of customers. The direct failure involved an inadequate background check which provided hackers with customer accounts. The hacker’s then utilized the accounts to illegally access databases and steal confidential data. There is a personal-data-loss database that contains data on regarding more than 900 breaches in the U.S. which is made up of more than 300 million personal records. Analysis of this database illustrated that 81% of the breaches were committed by malicious outsiders. This value relates specifically to records that were vulnerable to being stolen by identity thieves. Further this value illustrates...
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... We are dealing with quite few ethical issues in your dealings with Sam Salesperson and Seller Unknown. For example, Mr. Salesperson did not draw up the contract regarding the earnest payment on two occasions when he promised to do so. He did not practice impartially as a dual agent and seemed to be biased towards the seller. It was very unethical not to disclose the deal in the works with the other buyer. The cause of action you have here is a Breach of Contract. Looking at the rest of the facts, all the other things that were done here are not separately actionable and fall under this cause of action. You did the appropriate thing in asking for the extension in regards to the earnest payment and Mr. Salesperson agreed to the terms and seemed to have relayed the information onto the seller. At the time you requested the extension, the seller and Mr. Salesperson could have terminated at that time and moved onto the other deal, but they did not; they accepted your deal and that was unethical and a breach that provides you with a cause of action. The Defendants breached the contract by first agreeing to the extension to the earnest payment, then not drawing up the contract and finally terminating all together and selling the property to another buyer at a higher price. A contract is described as, “A written contract is usually pleaded by setting it out in its entirety in the body of the complaint or by attaching a copy. The other method...
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...workmanship it had displayed in prior projects for Grocery. After beginning the project, Masterpiece finds that it is unable to complete the renovation within the six-month time limit set out in its written contract with Grocery ostensibly due to a sudden increase in new contracts. Masterpiece subcontracts the remainder of the project to Build Them To Fall, LLC. Grocery was unaware of the subcontract and did not approve it. Grocery soon realized (due to the poor quality of work) that Build, not Masterpiece, was handling the renovation. Grocery files a lawsuit in the District Court of Harris County, Texas, petitioning the court for (1) an injunction against both Masterpiece and Build to stop on the project and (2) suing Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or in the alternative, to discharge the contract due to commercial impracticability. Who wins? Explain your answer. In your response, be sure to summarize the legal requirements of contract formation and enforcement. QUESTION TWO At the end of the summer 2008, Jeff Fresh had earned enough money to put a down payment...
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...DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively, if you’re a fan of social theorists such as Jean-Jacques Rousseau, you may argue that we’re also bound by ‘the social contract’, but we digress. Getting back to our original point, the law of contracts plays an enormous role in many of our interactions and for the most part, there may be no real concern in regards to the performance of a contract and an agreement will be completed accordingly. However, this does not mean that issues won’t arise within a contractual relationship, and there may be circumstances where you may need to discharge a contractwhich can be done by either one, or all of the parties to the agreement, and can be discharged by either: * BY PERFORMANCE * BY MUTUAL AGREEMENT * BY SUPERVENING IMPOSSIBILITY * BY OPERATION OF LAW * BY LAPSE OF TIME * BY LAPSE OF TIME BY PERFORMANCE Before exploring the general ways in which a contract can be discharged, the most obvious way in which acontract will come to an end, is when all parties fulfil their contractual obligations and the contract has been discharged via performance. Easy. Exceptions to performance Some people may be of the belief...
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...ERNST V. DESTINY SOFTWARE PRODUCTIONS INC. AND DESTINY MEDIA TECHNOLOGIES INC. Nov 17, 2011 Madam Justice Adair Courtroom 30 • Breach of contract • Employer’s duty to warn employee of problem or communicate; at least give the notice before the dismissal Geographical location issue: where performance should be conducted. “Mexico” • Employee worked in Mexico and was dismissed due to location; however, his location was not the part of a contract. Needs to be subjective in valuation of just cause - Providing past case examples in which employer gave notice. (After referring to previous cases couple times, the judge said that she had to have a look at those cases contract as well). • Location terms in contract is unclear: contractual interpretation • Provided past case example - Interpretation should based on words and not intention From my observations, judge’s role in this particular case was active. Madam Justice Adair asked a few questions, commented on some points and she was very arguable and had several dialogues with lawyers. During the case judge asked about “severance” of it. Plaintiff’s lawyer responded and stated that if there’s no just cause, then the plaintiff should get severance. The plaintiff was forced to sell vitamin, “alternative employment” triggered and no severance. Defendant wants to cut severance upon finding alternative employment. Problem is dismissed with cause and there is no severance, if not de-caused defendant...
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...did not mention any of the problems that C-S was experiencing even though Span claims they have contributed significantly to the delays and quality issues. Span does not want to lose this contract because there is a bigger C-S contract in the works that Span would like to receive. They need to do some negotiating to be able to complete the current contract to C-S’s satisfaction and compete for the future contract. Breach of Contract Internal Escalation Procedure for Disputes According to the current contract, should any party believe itself aggrieved, that party shall file, in writing to the other party, for progressive management involvement. Depending on what level of management was requested to review the dispute, there was an associated allotted time period that needed to be observed. This was obviously violated when C-S demanded any unfinished code and threatened to rescind the contract. There was no request for mediation, nor was any previous notice given of dissatisfaction on the part of C-S (University of Phoenix, 2009). When made aware of the breach of contract under this clause, C-S admitted that they had made a mistake here and apologized. However, the company felt that the need to address schedule slips and quality issues was great enough to overlook this...
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...contended that the floating charge should not be honoured, and Salomon should be made responsible for the company's debts. 2.合同法案例1 Barry v Davies (Trading as HEathcote Ball & Co) [2000] 1 WLR 1962 Offer and Acceptance – Auction sales without reserve – collateral contract A seller put up two engine analysers for sale by auction, with no reserve. The price of the machines would have been £14,521 each if they had been new. The claimant was a bidder at the auction. He bid £200 for each machine, and was the highest bidder. The auctioneer refused to sell the machines to the claimant for such a low price, despite the ‘no reserve' sale. The claimant brought an action against the auctioneer for breach of contract. 3.合同法案例2 Sullivan and Andrews v Porter Breach of Contract Porter (D) offered to sell his property to Sullivan and Andrews (Ps) for $350,000 with a $20,000 down payment and Sullivan accepted orally. Porter said that he would have his attorney prepare the paperwork. Sullivan took possession of the property in September 2000 and began improving the stable and trails. This continued until November 24, 2000 when Porter arrived at the farm with a real...
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