...Private Police and Civil Liability Dan Seemann SEC/350 August 4, 2014 Darrin Waters Civil Liability and Private Police Private police and security continue to grow at a rapid pace because of reduced Constitutional restrictions, but employers must also understand the increased civil liabilities associated with employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different...
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...Business law assignment Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in business, this is a principle that can assure a business person of the ruling of a case that is similar to the previous. Rulings in business cases are hence made predictable. Bailment It is where a person delivers his personals to someone else for safety keeping. Bailor is the one delivering property while the one receiving is the bailee. It involves delivery of goods to somebody else in trust creating a contract either express or implied. The bailee must be willing to possess the property physically but is not entitled to use it. In business transactions, the bailee has both the duty of care and responsibility to re-deliver the property. Statute of frauds This is a requirement that certain contracts like sale of goods that exceeds a certain value, land sale or a guarantee of debt be made in writing and then signed to prevent perjury and fraud. Two sophisticated business corporations may enter into a joint venture say of about 10 years. There are different negotiations that they engage in and one party promises that it will join the negotiations in time. In case the party fails to...
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...XYZ Corporation’s business environment has changed dramatically over the years, especially the manner in which your company can be held liable, or accountable for the actions of your employees. Many small and big businesses like your company have numerous methods to protect themselves from lawsuits in the area of criminal activity and workplace torts. With proper training programs and a comprehensive set of electronic communications policies in place, companies such as yours can reduce many of the criminal and workplace torts that could occur within your workplace or business location and reduce the risk and occurrence of lawsuits and liabilities associated with the improper and illegal usage of the company resources such as Internet usage, email, and use of the company Network and computing systems. Many of the torts that typically occur outside of the workplace can easily occur within the workplace environment because of improper employee use, misuse, or illegal use of the Internet, social media, and email provided by companies such as XYZ Corp. A brief summary of the workplace torts that can create corporate liability and from which corporations and business owners must protect themselves from include but are not limited to: 1. Intentional torts (torts against a person): Assault, Battery, False Imprisonment, and Intentional infliction of emotional distress. 2. Property Torts such as Conversion and Copyright Infringement. 3. Dignitary torts activity that causes injury...
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...* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty...
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...Policies Student Name SEC 350 Date Instructor Hiring Policies Employees are often referred to as the face of the organization that employs them. This relationship holds true for the private security industry and the personnel who make up the force. Organizations that employ private security personnel have an obligation to provide qualified, well trained, professionals. State and federal regulations regarding licensing, applicant background checks, recruitment methods, and organizational standards are key elements to the hiring process of potential employees. A lack of care in pre-employment vetting can increase of the risk of civil and criminal liabilities for both security personnel and the organization they represent. State and Federal Regulations Private security is a growing industry is that has evolved throughout the years towards a more standardized and regulated profession. This is evident with the increased interest by politicians, legal authorities, and others to increase regulations and standards for the private security industry. Nemeth (2005) highlights the private security profession involves both the status of authority and the inherent responsibilities of such authority. As the industry has increased its reach into more aspects of public life, so has the public demand for regulation of those employed as security personnel. Most states throughout the nation have implemented minimal standards as a means of narrowing the field of employment...
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...Tutorial 3 1. Happening Place Pte Ltd is regulated by Table A of the Fourth Schedule of the Companies Act. Tuf Tan holds 45% of the shares in Happening Place Pte Ltd. Advise Tuf Tan and the directors as to the following: a. The directors appoint Payne Soh as the company’s public relations officer (ie an employee). Payne Soh has a personal conflict with Tuf Tan on one occasion. As a result, at a requisitioned meeting of the members Tuf Tan manages to get a resolution directing the directors to fire Payne Soh. The directors refuse to obey. Answer: The issues in question are whether the directors are entitled to disobey the decision of the member’s resolution to fire Payne Soh and what rights does Tuf Tan has after the refusal to proceed with the resolution. Under section 157A and Article 73 of Table A of the Fourth Schedule of the Companies Act (Cap. 50), the directors are conferred with the right to manage the business of the company under their direction. On the facts, the act of firing an employee, such as Payne Soh, is a management decision. Tuf Tan, as a member of the company, does not have managing rights and the power to enforce a decision on the directors. This is also supported by Automatic Self-Cleasing Filter Syndicate Co Ltd v Cunningham [1906] 2 Ch. 34 where the court stated that since the directors were conferred the power to determine such issues under the articles of the association, the members could not interfere. Therefore, the...
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...Business Torts and Ethics With the actions of businesses being more prominent in the eyes of the public more than ever before, it is crucial that businesses remain credible. Remaining credible requires businesses to uphold four of the major types of corporate responsibility- economic, ethical, philanthropic, and legal (Scilly, 2016). In order to simply survive as a business, a company’s legal duties must remain their top priority. With such a large variety of possible violations, companies are left with a plethora of reasons to take precaution to avoid civil and criminal liability. Companies can do so by complying with the law (Pagnattaro, Cahoy, Magid, Reed, & Sheed, 2016, p. 7). This week in Contemporary Business Law, the class was given a scenario regarding a property management business dealing with a legal issue. This paper will describe the scenario, define the company’s legal obligations, differentiate among some of the potential torts that might arise from this business context, discuss ways to prevent the risk of the potential torts, lastly apply and evaluate the ethical principles and responsibilities of the business. The Scenario “Springfield Arms Apartments is a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, Darryl and...
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...THIRD DIVISION [G.R. No. 143360. September 5, 2002.] EQUITABLE LEASING CORPORATION, petitioner, vs. LUCITA SUYOM, MARISSA ENANO, MYRNA TAMAYO and FELIX OLEDAN, respondents. Santos Pilapil & Associates for petitioner. Mercado Lim & Associates Law Offices for private respondents. SYNOPSIS Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor, driven by Raul Tutor, an employee of Ecatine, rammed into a house cum store of respondent Myrna Tamayo which resulted to deaths and physical injuries. Tutor was charged with and later convicted of reckless imprudence resulting in multiple homicide and multiple physical injuries. The trial court ordered petitioner to pay actual and moral damages and attorney's fees to respondents. It held that since the Deed of Sale between petitioner and Ecatine had not been registered with the Land Transportation Office, the legal owner was still the petitioner. Thus, petitioner was liable to respondents. On appeal, the Court of Appeals sustained the decision of the trial court. Hence, this petition. In affirming the assailed decision, the Supreme Court held that petitioner was liable for the deaths and the injuries complained of, because it was the registered owner of the tractor at the time of the accident. The Court has consistently ruled that, regardless of sales made of a motor vehicle, the registered...
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...In our business lives and in our personal lives, understanding the function and the roles law plays are vital. Laws are everywhere, at our place of business, when the operation of a vehicle is taking place, and many other activities or places individuals decide to partake in on a daily basis. Usually without knowing it, many decisions that are made by us are influenced by some portion of the law that are believed to be understood by an individual. For example stealing is against the law and many of us refuses to do such a thing. Not only because it is wrong, but because it is against the law; and individuals are aware of the consequences of breaking this law. Within this paper a discussion on what the functions and the roles of laws are will be addressed. According to Melvin law is “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (2011). If laws were violated or even broken the strict rules that are associated with these laws are enforced. The law very much so effects the way business are structured and formed. Business owners have to ensure that their organization is following the law when hiring employees. “It is a violation of Title VII of the Civil Rights Act of 1964 to make hiring decisions based upon race. Under the Age Discrimination in Employment Act, meanwhile, it is illegal to discriminate against job applicants who are age 40 or older” (Garcia, 2010). Employers have to hire employees based...
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...Business Entities As obstetricians going into business together, Akiva and Tara would likely want to file as a Limited Liability Partnership. Most states permit certain professionals such as accountants, lawyers, and doctors to operate as LLPs. LLPs and LLCs combine the most favorable attributes of general partnerships, limited partnerships, and corporations. LLPs are taxed as partnerships unless they choose to be taxed as a corporation. Akiva and Tara would benefit from paying taxes as a partnership because partnerships are not taxed at an entity level but rather through a system of “flow- through” taxation. This form of taxation allows members to avoid double taxation by paying taxes only on their individual income. LLPs also offer legal liability protection. Partners are limited partners who stand to lose only their capital contribution if the partnership fails. Partners are not personally liable for the debts and obligations of the partnership beyond his or her capital contribution. Also an LLP can designate in its articles of organization as member-managed or manager-managed. In a member-managed LLP, the members share the responsibility of managing the company. In a manager-managed LLP, members designate managers to manage the LLP. When members designate a manager or managers, members no longer have the right to manage the LLC. However, a manager may be a member or nonmember of the LLC. When...
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...workers” (NIOSH, 2011). Millions of barrels of oil were believed to have leaked into the Gulf, damaging resources, causing health issues, and injuring wildlife. The primary law, in the U.S., for companies conducting deepwater drilling is outlined in the Oil Pollution Act of 1990 (OPA). The OPA “establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone” (Nichols, 2010). The OPA limits certain liabilities of the responsible party when an incident occurs in the previous mentioned areas. The OPA is limited based on the type of vessel or facility involved in the incident and the quantity of oil displaced by a discharge. Part of the OPA includes the claims for certain damages and removal costs. Claims for an incident must be presented directly to the responsible party, where the responsible party must pay appropriate claim within 90 days. If the responsible party fails to pay the claim during this timeframe, then the claimant can submit a claim directly to the Oil Spill Liability Trust Fund or file a suit in court. The OPA was not the initial protection for U.S. waters; initially, there was the Clean Water Act (CWA). When the OPA was established in 1990, it replaced the liability limitations in section 311 of the CWA. The newly established Act increased the liability “for tank vessels larger than 3,000 gross tons to $1,200 per gross...
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...Eric Moreno Business Civic Liability Research Paper MGMT 518 12/4/2012 Businesses today have to take a multitude of factors into consideration to try and stay on the positive end of the profit margin. One important factor that many businesses often overlook is the “ticking time bomb” that they may have already hired. Businesses need to realize the risk that they may be held civilly liable for some of the criminal acts of their employees. This is no black and white issue either; with the constantly changing and evolving legal system we have here in this country, any one act done by an employee can also be used to sue the employer. Why do businesses need to worry about this? Well, most plaintiffs will go after the deeper pockets of the employer, and juries may be more inclined to side with the plaintiff rather than one of these “big” companies. Therefore, it is important that business protect themselves from liability. The type of protection depends on the industry. Often, however, doing simple things like conducting a thorough background check, having a code of ethics or conduct can shield companies from liability. Conducting a thorough background check seems to be the most efficient way to protect a company from an employee’s criminal activity—by preventing that employee from working at the company in the first place. Filtering out employees with criminal pasts or problems with prior employers can help minimize the liability of a company from its employees’ actions. As...
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...Running Head: Business Law Business Law Oweya Vincent Makaya University of Nairobi THE COMPANY AS A JURISTIC PERSON VERSUS RESPONSIBILITY FOF THE DIRECTOR’S ACTIONS. Introduction: For a very long time a company has been treated as a corporate entity or a juristic person. In fact the concept of limited liability stems from this premise. Despite being an artificial person a company is wholly a creature of human beings, by human beings and for human beings. It solely rely on humans to conduct and transact any business. This research paper seeks to examine the concept of juristic personality, its advantages and its relationship with its owners. It delves into how decisions are made by this juristic personality, its liabilities and liabilities of those running it. The paper shall seek to examine if this veil of juristic person exists permanently or it can be lifted. What are the consequences of lifting that gown of juristic personality? The Concept of juristic personality. Companies and corporations are said to be legal or juristic personalities. This arises from the incorporation process. A corporation is a word that is said to have been derived from a Latin word corpus which means among other things “body”. An incorporated body becomes what is known as a “corpora coporata” in Latin or corporate body. The idea of a juristic person in law refers to an entity recognized in law as an artificial person. What this means is the entity recognized...
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...Case Analysis: Discharged Contracts Carmelisa King Kaplan University LS311: Business Law Professor Baum September 2nd, 2014 Introduction There is an old saying a person’s word is their bond. In business a person’s word can be used as a contractual agreement. However, this type of contract isn’t always the best way to do business. It is important to have a written contractual agreement that both parties can be held by so there can’t be any possibility of either parties breaching the contract. Now this case analysis will discuss the contractual agreement between two parties and if there are grounds for the contract to be discharged based on the outcome impossibility of performance. Facts Millie entered into a contractual agreement with Frank to sell him 10,000 bushels of corn from her farm. However, Millie had a bad season and experiences a bad drought that caused her to produce only 250 bushels of corn for Frank. Now Frank accepted the 250 bushels of corn from Mille but later decides to sue Millie for breaching her contract with him. Issue Is it possible for Mille to be released from her contract base on the outcome impossibility of performance? Otherwise can Frank sue her for breaching their contract even though her crop wasn’t able to produce a large harvest due to the drought? Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. 1. Discuss the elements of impossibility of performance and the three situations where...
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...the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with fines and/or loss of freedom through jail or probation; * Both of them can be also...
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