...Employer's Duty of Care and Issues of Compensation August 9, 2010 Law, Ethics, and Corporate Governance LEG-500 Abstract For the purposes of this assignment we independently viewed a video entitled “Employer's Duty of Care and Issues of Compensation.” In the video, the car dealership is running a special promotion offering free oil changes in order to get existing customers back into the showroom. An employee notices a backlog of customers waiting in line for their oil changes and notifies the owner of the dealership, Herman. Herman calls his newly promoted service manage, Jake, to explain the backlog. Jake emerges from the service bay holding his bloody thumb in a rag. He explains as certified auto mechanic, he is doing a thorough job on each car en though he is working overtime without overtime pay. The manager tells him to do a quick, “lousy” job of the oil changes just to get them done. He doesn't care about Jake's mechanics standards. Jake retaliates by complaining he's hurt his thumb due to his long hours and threatens a worker’s compensation claim if he isn't compensated fairly for his work. The video give rise to a number of ethical questions. The purpose of this paper is to address these questions as detailed in the assignment using readings on employee and consumer privacy law, as well as business ethics and corporate policy. Answers to Assignment #3 Questions The questions (in bold type face) follow as detailed in our assignment. 1. Explain...
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...HSA515 February/1/2011 Healthcare Policy Law and ethics Abstract The Snow Storm Lawsuit is a case of Negligence, Duty to act, and wrongful death. This paper will explain the legal, ethical and professional considerations. The Chief Executive Officer of a small non-profit community hospital were on vacation in the Bahamas, the are was hit by a large snow storm, in this case, many of the hospitals health care providers were unable to make it to work, as a result. This paper will explain how the employees reacted, and how the patients ethically, legally and professional suffered from the unexpected incident. While the Chief Executive officer of a small non-profit community hospital was vacationing in the Bahamas, the area was hit by a large snow storm. Many of the hospitals health care providers were unable to make it in to work, 3-11 and 11-7 shifts. As a result the patients units were understaffed and days shift personnel were required to remain on duty until relieved. During this snow storm, several patients sustained minor injuries from falls out of their bed, and one patient died after being given the wrong medication, the nurse on duty also left the hospital to go to Wendy’s to buy dinner, after one year, the families of these patients sued the hospital on the behalf of their deceased relatives. The three legal considerations are, during the snow storm, many of the hospital health care providers were unable to make...
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...The first article that I read was titled Public school Law: Teachers’ and student’s rights by Martha McCarthy. The author highlights the legal rights of the teacher and student alike. A court can determine that An educator is liable if he or she could have “foreseen and prevented the injury by exercising proper care†as documented in the Negligent Tort Law (McCarthy & Cambron-McCabe, 1992). Furthermore, the same law states that the duty to protect is a crucial component of the teacher’s role in the classroom. This highly sensitive responsibility includes taking all of the necessary precautions to ensure the safety of students that are being supervised. As a result, if an accident or injury occurs which could have been prevented or predicted by any member of the staff and proper supervision was overlooked then the law declares that negligence has occurred. However, if a poor choice or non-compliance with classroom rules by the student contributed to the incident, it can be classified as contributory negligence in which the teacher can no longer be held liable. Often the factors of development and age appropriate ability are evaluated closely in attempt to establish contributory negligence. In addition, various other components are addressed when a claim of negligence is investigated. These other contributing factors can be the certification and professional training of the supervising instructor, the surroundings in which the incident took place, and the nature...
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...4 Negligence: duty of care Learning objectives At the end of this chapter you should be able to: • have an overview of the history of negligence; • describe the function of duty of care in negligence; • appreciate the way duty of care has been defined and developed; and • apply the principles of duty of care in the areas of omissions and liability of public bodies. 04-Bermin-Chap04.indd 42 2/6/2008 7:39:32 PM 4.1 Introduction Negligence began to be recognised as a tort in its own right around the beginning of the nineteenth century. Before that time, the dominating action for personal injury was the writ of trespass. Trespass was initially concerned only with direct acts, however, during the nineteenth century the focus shifted to the distinction between intentional wrongs (trespass) and the unintentional (negligence). As we have seen, negligence was originally described in terms of a duty imposed by law and thus it will be seen that duty is one of the three key elements of negligence today. Negligence evolved as a means of loss-shifting at a time when there was little or no insurance or state welfare provision. The industrial revolution in the nineteenth century brought with it increased risks of injury to those working in factories, mines, quarries, and other dangerous situations. The development of railway transportation and mass production dramatically increased the potential for many people to be affected by the faulty conduct of strangers, at the same time...
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...The court will likely hold Penn State University is liable for negligence actions on the sexual harassment to young children by its former assistant football coach Jerry Sandusky. Under the common law, negligence is defined as failure to exercise ordinary care and caution as would be expected by a reasonably prudent person. Therefore, in order to establish a cause of action in negligence, the plaintiff must show (1) a duty on the part of defendant, (2) a breach of that duty, and (3) an injury or damage proximately resulting from the breach. The first element that a duty on the part of defendant to protect the plaintiff is sufficiently met. According to the law, the owner or operator of a sport or recreation business owes a duty to keep the premises safe for all who enter the facility or premises. The incident occurred on Penn State campus. As the owner, the university is imposed a duty of care to individuals coming to the land. The second and third requirements, that the university breaches that duty and the breach was the proximate cause of children’s damages, are in question. The plaintiff will likely be able to charge that Penn State failed to exercise control over coaching staff. In loco parentis doctrine, the relationship between a student athlete and a school is unique and special. School authorities stand “in place of the parents” and the relationship involves a mutual dependence and control by colleges over student-athletes’ lives. Thus a heightened duty...
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...An Ethical Analysis of Negligence In this paper, the author will describe the main differences among negligence, gross negligence, and malpractice in the medical field. In addition, the author will explain his opinion about this article and the facts described in it as well as the rationale used to form this opinion. Furthermore, the author will describe the importance of documentation in the medical field as well as how nurses should document when providing care while complying with legal and ethical requirements. Unintentional torts are the most common torts in the medical field. Torts are acts occurred without the tortfeasor intention to cause harm; however, some type of harm results from it. Torts are also actions committed unreasonably or disregarding the consequences, in legal terms this represents negligence (Judson & Harrison, 2010). According to Judson and Harrison (2010), negligence is an unintentional tort and a person is negligent when in similar circumstances he or she did not performed as expected from a reasonable person (Judson & Harrison, 2010). Defining gross negligence is a more complicated issue. According to Thornton (2006) the Texas Civil Practice and Remedies Code defines gross negligence as an act of omission that when viewed from the position of the actor at the time the omission occurred it shows a significant degree of risk and possible harm to others (Thornton, 2006). In addition, the actor is aware of the risks but proceeds disregarding the rights...
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...Introduction - Director’s duties Even though the law recognizes corporations as separate and distinct entities from the owners, it nevertheless recognizes that corporations act through people. Such people are referred to as directors and manage the activities of a corporation. In Lennard’s Carrying Co. v. Asiatic Petroleum Co. Ltd, the court observed that directors are the directing mind and will of the company. Accordingly, directors of a company act for and behalf of the company, and as such owe several duties to the company. These duties are at common law and also statutorily provided for. In the U.S., there is no single statute codifying these duties, and as such states are given the latitude to legislate on the issue (Clarke, 2007). Majority of other commonwealth contries however have a codified statute dealing with such issues. From a general perspective and subject to state law, director’s duties at common law apply to all states. It is imperative to note that these duties are owed to the company and not to the owners or shareholders. In Percival v. Wright, the court held that directors are not agents of the shareholders, but rather agents of the company as a whole. Importantly also, these duties also bind any person lawfully authorized by the directors, to act on behalf of their behalf. At common law, the duties of directors fall into two categories: the duty of care and skill in the conduct of the affairs of the company; and fiduciary duties of good faith and loyalty...
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...Case Study 1 – Millan V. Dean Witter Reynolds, Inc. Plaintiff: Maria Millan Defendant: Dean Witter Reynolds, Inc. Appellant: Maria Millan Appellee: Dean Witter Reynolds, Inc. History of the case Trial Court: Dean Witter won. The broker was found 85% liable and the firm was found to be 15%. Lower appellate court: Dean Witter won. Overall winner: Decision upheld, the broker was found 85% liable and the firm was found to be 15% Facts: Maria Millian sued both her son and Dean Witter Reynolds, Inc. for negligence, gross negligence, conversion, and breach of fiduciary duty. Maria Millian opened two brokerage accounts with Dean Witter Reynolds, Inc. with her son. Her son Miguel forged her signature on an account application form and opened the account in her name. Miguel began to steal money from his mother’s account which totaled about $287,000. Trial court directed a verdict for Dean Witter on issues of vicarious liability. They found Dean Witter is 15% liable and Millan is 85% responsible due to not discovering the fraud sooner. Plaintiff’s theory: Miguel and Dean Witter Reynolds, Inc. stole money from Maria Millian by deceiving her. Because Miguel opened fraudulent accounts in the name of Maria Millian and wrote checks payable to cash, and because the company did not verify the signatures, Millian sued for negligence, gross negligence, conversion, and breach of fiduciary duty. Defendant’s theory: Dean Witter Reynolds, Inc. was not fully responsible for...
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...provided it can be shown that they took place in the course of their employment. 2. It is also a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also may or may not carry any share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control 3. Vicarious liability is a legal term that finds faults in a party that did not injure a person directly. A common situation is where a nurse injures a person and the court finds the hospital and the employer guilt of those damages. Under federal anti-discrimination law an employer, regardless of their size, may be legally responsible for discrimination and harassment which occurs in the workplace or in connection with a person’s employment unless it can be shown that ‘all reasonable steps’ have been taken to reduce this liability. This legal responsibility is called ‘vicarious liability’. Many employers are unaware that they can be liable for a range of actions committed by their employees in the course of their employment - these can include bullying and harassment, violent or discriminatory acts or even defamation and breach of copyright. It's also possible to take...
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...MCD 2070 – Business Law, Trimester 1 - 2012 Assignment 1 Page 1 of 6 Introduction: In this case, David has been identified as the “Plaintiff” while Robert Boyd Pty. Ltd. has been identified as the “Defendant” [Vicarious Liability]. The issue in this case is whether what rights, if any, does David have against Robert Boyd Pty. Ltd. under the tort of negligent misstatement in relation to Andrew’s assurance relating to the seating capacity of the restaurant. STEP 1: Issue: Does the defendant, Robert Boyd Pty. Ltd., owe the plaintiff, David, a duty of care? Rule: (Shaddock) proves that whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the best of his information or advice as a basis for action on the part of the other party and it is reasonable in the circumstances for the other party to act on the information or advice, the speaker comes under a duty to exercise reasonable care in the provision of the information or advice he chooses to give. Application: Hence, in this case, David is a neighbour in the legal sense to the defendant, Robert Boyd Pty. Ltd. as they were paid A$ 25,000 under a contract for their services to design the interior and exterior, including the layout and position of tables and chairs of David’s restaurant. Thereby a closely proximate relationship was formed, where David is closely and directly affected by...
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...Fall 2014 Business Law Midterm This is a take-home-open-book-midterm. This is NOT a group effort. Work alone. DO NOT WORK TOGETHER! Use a scantron. Write your name on the scantron. True or False (Mark A for True B for False): 1. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. 2. A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. 3. The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance. 4. If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. 5. One of the important powers of courts in the United States is to interpret legislation. 6. It is the function of the jury to decide the facts that are in dispute in a case. 7. It is unconstitutional to conduct a trial with a jury of fewer than 12 jurors. 8. For diversity of citizenship jurisdiction, each plaintiff must have suffered over $100,000 in damages. 9. Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. He claims that his First Amendment right of free speech was violated. He may file suit in federal district court in Iowa, even though he and the defendant school board members are citizens of Iowa. 10. A person...
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...tortuous assault. (ii). How the victim’s consent may defeat an action for battery. It is thus arrived at with the aid extracted from works of various renowned scholars, judicial precedents both binding and persuasive, and the legitimate Acts of parliament as well as, the student’s module which is a guide to the course outline. Assault and battery are considered as a single offence under criminal law. However, tort law insists on taking them as separate offences and considers their distinction very essential. Assault is the act which creates fear for potential battery. In other words it is the very act that will lead the victim to apprehend an immediate violence of a battery, while battery is the actual infliction of unlawful force onto the victim. It follows therefore that where “X” stones “Y” but misses, constitutes an assault, the actual physical contact on “Y” becomes a battery. Both assault and battery are deemed and considered to be intentional torts. Meaning that, the defendant intended to cause the plaintiff to apprehend. The wrongful touching need not to inflict physical injury .That wrongful contact may as well be indirect (such as contact through a thrown stone; or spitting). ASSAULT An assault involves; • An intentional, unlawful threat or offer to cause bodily injury to another by force. • Under circumstances which create in the other person a well-founded fear of imminent peril...
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...Introduction The law of torts can be traced back to English Common Law and has become and integral part of Anglo-American Law for hundreds of years .These laws have been modified many times since the late 1800's by state legislatures and these changes have given plaintiffs more chance of success when bringing forth their claims. Original tort law included coverage for injuries suffered while in the workplace but this since has been removed entirely from tort law and replaced with the state administered workers compensation systems. In order for a plaintiff to utilize the law of torts certain elements need to be present so that a reasonable measure of success can be ensured in the outcome. Elements of Negligent Tort Negligence is the omission to do something, which a reasonable man, guided upon those considerations which regulate the conduct of human affairs would do or doing something, which a prudent, and reasonable, man would not do’ The essential elements of negligent tort are 1) Duty of reasonable care, 2) Breach of duty of care, 3) Breach was actual, and proximate cause of injury .Tort is what is in the tort books but only thing holding it together is their binding’, hence to win a negligence case, plaintiff must prove each of three elements. Duty of reasonable care: According to Negligence law, normally members of society should behave in ways that avoid the creation of unreasonable risks of harms to others. The standard for assessing such conduct...
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...Legal Issues for Managers Legal Issues for Managers: Potential Liabilities The object of this essay is to advice on potential liabilities of Cena, Rock, Kofi and Punk. First and foremost delivery driver Cena failed to check his trailer was properly coupled to his truck. While driving the trailer detaches, rolling down hill colliding with Rock, a motorcyclist. Due to Cena’s negligence Rock, not wearing a crash helmet suffered severe injuries and damages to his body and motorcycle. Per Lord Atkins “we owe a duty of care if it is reasonable to foresee that another person might suffer damage as a result of our act or omissions”. (Lord Atkins) Rock may state, surely Cena had a duty of care to ensure his vehicle was suited for purpose. Nevertheless, since Rock was not wearing a helmet, Cena may argue that Rock is liable for some of his injuries. Comparably under the case of Smith V Leech Brain & Co Ltd and Another [1962] All Er 1159, Smith incurs fatal injuries when molten metal burns his lips, leading to cancer and eventual death. This being said, Smith “already had a pre-malignant condition”. The defendant argued, “Smith may have contracted cancer due to his condition, regardless of the accident”. (Smith V Leech Brain, 1962) Conversely, but for the burn, Smith may have never developed cancer. According to Thin Skull Rule “a defendant is liable for the full extent of the victim's injuries even if, due to some abnormality or pre-existing condition, the victim...
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...misled Mr. Boone to the wrong direction. Then he got lost and drove into a high crime area, that he was dragged from his car and ended up with horrible beaten. So Mr. Boone is suing Zoom Car Company for his medical expenses because the faulty feature of the car caused his injury. As the plaintiff, Mr. Boone claims that Zoom Car Company should be responsible for his medical expenses, since it was the result of the faulty compass. Even the faulty compass was made by Corrigan Rulers Compasses and Slide Rules, Inc., but Zoom Car Company installed it to the car. And they should have tested and inspected the compass to make sure it works properly before they installed it. Thus, he would not get lost and drove to that high crime area. Under the laws of Product liability, it states, “the liability of manufacturers, sellers, lessors, and others for injuries cause by defective products is commonly referred to as product liability” (Cheeseman, pg. 119). Zoom Car Company showed negligence by not having proper inspection or testing of the car compass before install it. In addition,...
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