...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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...BUSINESS TORTS AND ETHICS 1 Business Torts and Ethics BUSINESS TORTS AND ETHICS 2 Given that I am the owner of the University Heights Apartments who rents to primarily students, I believe that I am somewhat responsible for the safety of my tenants to a certain extent. I feel that I cannot be totally responsible for their personal safety as I cannot ensure that all personal that enter the complex are actually confirmed residents of this establishment. I can however minimize the access to this complex by setup up a gated community where residents with have to enter a specific code or card to gain access. If specific residents choose to allow other personal to enter the complex, they will be responsible for their actions and will have to accept punishment for their actions as indicated within their contract. Based on the fact that the intruder had forcefully entered the apartment and had injured the tenant and the resident manager I do feel some responsibility for both of them. As the resident manager, his job also includes that he help ensure the safety of the tenants. While doing his job, he was injured and in the process, he was also not able to detour or defend the tenant who was also injured. Given that the resident manager was injured while performing his job and the tenant was injured though him not being able to fully accomplish his job, I do feel obligated to help both of these parties. I do also feel that the intruder will have...
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...Business Torts & Ethics Law/421 Intruders Liability The intruder, in this case, is held accountable for his actions. The thief showed the intention to break-in and the intellectual aptitude to understand that what he was doing was wrong since he even became violent to Darryl and Sharon. The case consists of two transgressions, criminal wrongdoing for injuries caused and a civil case breaking into Sharon’s house. Mainly, the harshness of the situation is deepened by the fact that the intruder assaults Sharon and the resident manager with an intention to cause harm. For the trespass cases, the charges always increase in situations where the invader causes injury to the inhabitants. Also, the injured party has a legal right to sue the intruder for the physical damage caused by the intentional or the negligent act. Particularly, the owner of the property may not have any legal duties concerning the case. However, there is some ethical responsibility to the resident manager as well as the tenants in regards to the safety of the premises. It is the duty of the owner, after such an incidence, to review the security procedures within the properties. Our Legal Duties and Responsibilities to Sharon and Daryl The owner of the property is not legally responsible for the safety of both Sharon and Daryl. As a universal regulation, the owner of residential properties is not obligated to the renters any duty of care....
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...into Sharon apartment. Sharon and the resident manager were badly injured during the attack. There are legal questions that need to answer to ensure there is no liability on my behalf. There are two areas that will be covered in this paper on business torts and ethics. Business torts is define as the law that covers a wide range of misconduct including personal injuries, negligence, and malpractice. In this paper, I will be objective and look at all sides of the conflict and assess my responsibilities. Liability of the Intruder It is my opinion that the intruder is liable for what he has done to Sharon the tenant. The intruder broke into her apartment and attacked Sharon and the resident manager. The intruder also harmed Sharon and the resident manager that left them with cuts and bruises. This is considered aggravated assault and jail time can be served. This could also be considered an armed robbery, the intruder went into a person property with a weapon in the midst of a burglary. I also think the intruder is liable for the damages that were done to the apartment when he was trying to break in. This would be civil damages and because I’m the owner of the building I will take him to court for civil lawsuit. Business tort shares some overlap with other types of crimes that can harm people. Legal Responsibility In this case of someone trying to break into the apartment, I have no legal responsibility to Sharon. However I do feel that I could have legal responsibility...
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...HSM542 Week 5: Malpractice, Tort Reform, Institutional Ethics – You Decide The board of directors at Little Falls Hospital has asked me to prepare a risk management plan that will help develop a culture of safety throughout the hospital. This Plan will provide guidelines and methods that will monitor administrative and clinical activities. These monitors will be used to reduce losses associated with employee or visitor injuries, or property loss or damage. The plan will use standards related to the 2010 national Patient Safety Goals. After a recent visit by the Joint Commission, the following issues were identified: • There is no specific plan on how Little Falls Hospital will address and achieve these goals. This has been handled on a department by department basis. • Recently, there has been a significant plaintiff settlement paid by the hospital's insurance carrier, which involved a patient death related to the incorrect medication being administered. • The costs of the hospital's professional liability insurance continue to escalate, and the policy is due to expire in 6 months. Little Falls Hospital has had the same health professional liability insurance policy for 10 years. • The hospital is facing financial constraints and does not have a significant amount of cash on hand to invest in new technologies. To address these issues, the risk management plan will provide a way for collaboration among departments with the organization. Key players from multiple...
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...Business Torts and Ethics Jason Harris Business Torts and Ethics The definition of Tort is: A civil wrong, which can be redressed by awarding damages (Cornell University Of Law, 1993). In other text it states that it is a wrongful act or an infringement of rights that leads to civil legal liability. In this case where the tenant were attacked at her place of residence the intruder was solely responsible for his actions. The intruder infringed on the rights of my tenant Sharon by unlawfully entering her residence through her sliding door. In other research I have done it further states that a tortious act can cause injury to a person, which is exactly what happened to Sharon and Darryl. As they attempted to scare away the intruder they were brutally attacked which caused injury to each individual. The intruder had no right to be on the premises at all which in that moment made him liable for any illegal activity that happen from that point. Whether the intruder intentionally or unintentionally harmed Sharon or Darryl he was still in the wrong because he had broken into Sharon’s apartment. Owners Legal Responsibility As the apartment owner my responsible is to make sure that the apartment complex is secure and that the common areas are safe from criminal activity. As the owner I have to ensure that each apartment has fully functional locks and make sure all repairs that are reported are dealt with in a timely manner. In a case like this my obligation to the tenant is to ensure...
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...ANALYZE ETHICAL AND LEGAL CONCEPTS VERNOICA HENRY MANAGING IN HEALTH &HUMAN SERVICE SUSAN VELLEK August 1, 2016 I chose Analyze Ethical and Legal concepts; because Healthcare has become one of the main issues United States is facing. Great powers of transformation exist on labor contained by the American health-care organization. The community discussion regarding health-care funding also admission to coverage analysis is increasing. Nevertheless lower the superficial, a discreet however eventually possibly additional important method of adjustment is ongoing: the change of health-care administration and distribution—certainly, well-being expert effort the situation—concluded the knowledge and transformation development of health-care excellence development. The management development in motherhood ladies concerning delivery duties increases moral quandaries connected to concern for females throughout delivery. Generous delivery is an authoritative, life-changing occasion that verdures an eternal impression on the motherhood lady. The labor involvement might be apparent certainly or damagingly or with moods of uncertainty. This expressive qualitative education requested which elements impact a lady's alteration in her specified delivery favorite since an unmediated labor to an analgesic labor. A nearness example of 33 prim parous and multiparous pregnancy females who had altered their detailed delivery favorite for discomfort controlling throughout birth partaken in conferences...
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...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 aspects of the damages or injuries caused. Types of Liabilities and Lawsuits There are three different types of tort laws that private officers and employers must understand effectively to mitigate as much potential liability as possible. Negligence is the most common type of tort, and consists of accidental or negligent act that created a risk to another person. Intent does not play...
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...Introduction: In this assignment first we are going to discuss about the how business-people come to have duties under the law of contract and the main legal requirements for the formation of a contract with practical examples and applied theory to support the arguments and then we are going to discuss about how business-people come to have duties for negligence under the law of tort and the main legal requirements for liability in negligence with practical examples and applied theory to support the arguments and then we are going to discuss briefly about the E-commerce and how business-people have duties under the law of e-commerce with exactly one legal requirement of the E-commerce Regulations 2002 and then finally we will discuss briefly about the business ethics and then thoroughly about if the business-people operate mainly out of self-interest or not and then we are going to discuss briefly why we are disagree with statement of "The Wealth of Nations" (1776) by Adam Smith. “Contract and how do business-people come to have duties under the law of contract” When two or more parties agreed upon specific terms and conditions in written and willingly want to perform their duties and responsibilities is called agreement and when the agreement is enforceable under the law is called contract. Every contract should need to have the offer and acceptance from two or more parties and with something in return (consideration) and with the purpose to make legal relations...
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...Business Torts and Ethics Christine Henry ETH/321 November 16, 2015 Karen Hutchins Business Torts and Ethics When running and operating a business, there are a variety of aspects that owners and mangers must be knowledgeable about. Normal everyday business routines and operations are certainly a part of the business but more importantly they must also be educated about the laws that may relate or affect the business each day. In the incident that occurred at University Heights Apartments, questions arose on where the responsibility lies, with the owner or the intruder. The responsibility is weighted legally as damages incurred. The manner, in which the owner handled the University Heights Apartments, is ultimately a reflection of the type of business ethic conducted within the business. By understanding the tort and ethics, this will enable light to be shed on the situation during the aftermath. Intruder In this particular case, given the intruder is clearly the liable person for all the damages and injuries that occurred. The intruder was the one that chose to commit a crime and break into Sharon’s apartment. The intruder may have never intended to commit assault and battery, but did so during the commission of the break in. On the night of the incident the intruder gained access to Sharon’s ground floor apartment by damaging the locks of her...
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...Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative...
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...The Law and Ethics within a Business Noel Jones BUS 670: Legal Environment Professor Eliza Gordner January 16, 2012 The Law & Ethics within a Business In the world of business companies and their employees are bound by both ethics and the law. Ethics is defined as “the philosophical study of what is right and wrong, good and bad” (Liuzzo and Bonnie, 2010; p19). All those are companies are bound by the same code of ethics, they are not all bound by the same laws. Depending on the type of business, they will either be governed by Federal, State, Local, or a combination of the three law governing bodies. This paper will discuss an example of issue and demonstrate where the law, ethics, or both was violated by a company or its employee(s). First, is to discuss a bit about Ethics. Resisting Acts to Perform Unethically It is of the utmost importance that not only managers, but all employees, act and perform ethically while carrying out their duties. A manager or employee should try to recognize unethical acts, and also bosses. Although, an employee may not always be able to recognize unethical requests or bosses; therefore it is best to thoroughly consider what is being asked of them. It is possible that a boss may ask an employee to perform the unethical task for them in hopes that the employee does not realize or is just a “team player”. If this occurs, the employee should take action. An employee may “buy time” in order to...
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...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in her...
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...Law, Ethics, and Corporate Governance AnnMarie Seidler Dr. Charity Lanier Legal 500 October 30, 2013 As the Chief Operating Officer (COO) of a midsize company that is preparing for an Initial Public Offering (IPO), I discover several personnel problems that require my immediate attention. It is my duty to be familiar with the Employee-at-will Doctrine and any exceptions if any that may apply to the employees and my employer. While preparing to deal with our personnel problems I discover that my company does not have a Whistle Blower Policy in place and I will address this issue with my CEO. As we present our company to the public, we need to consider Corporate Social Responsibility (CSR), and how we impact our employees, our environment, our customers, retailers, wholesalers, (possible shareholders), from the very top to the very bottom. In order to be successful we must consider more than just the bottom line, the dollar. As I address each employee issue, I considered not only state and federal laws but also what if any long-term impacts my decision may have upon the entire company and community at large. The Employee-at-will is a legal doctrine “which gives employers broad discretion to fire employees for a good reason, a bad reason, or no reason at all.” Halbert & Ingulli, (2012).There are three major exceptions to the rule to help prevent wrongful termination but only two of them apply in the state where I reside of WV. The Public-policy exception and Implied-contract...
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...Factual Summary: In this scenario, Coleman works for Software Inc. in which some of his duties included traveling to prospective clients and meeting with representatives of his sales division. During one of his sales trips he went to the mall to buy a ring for his wife that he couldn’t afford and proceeded to steal it from the jewelry store. After stealing the ring he met with John at Jimmy’s Poor-Man’s Bar which was not a client of Coleman’s. Coleman decided to show John a cool trick that at the end it killed Jimmy and the bar sustained a lot of damage. Because of what occurred at the Bar Software Inc. terminated Coleman’s employment. Coleman decided after a week of his job being terminated that he would make amends with John. He took John out to dinner and got into an argument and punched John in the eye. Legal Issue(s) Presented: The issues that were presented in this scenario were: (1) Because of what occurred at the Bar, Jimmy’s mother, John, and the 5 owners of Jimmy’s Poor-Man’s Bar sued Software Inc. for the damaged caused by Coleman. (2) Coleman sued Software Inc. for wrongful termination (3) The jewelry store sued Software Inc. for the value of the ring that was stolen by Coleman. There were several legal issues to discuss based on the different types of suits that they were bringing against Software Inc. One legal issue was when an employer is liable for the actions of an employee. Another legal issue is when an employer is able to terminate an employee...
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