a duty of good faith and fair dealing in the banking relationship. Compare and contrast the differences between intentional and negligent tort actions Discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and, if the bank you’ve chosen were to behave as JP Morgan did, would you be able to prevail in such a tort action. With the advent of mobile banking, discuss how banks have protected the software that allows for online
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evidence to be admissible in court? Explain how evidence can be excluded (exclusionary rules) What are the types of privileged evidence? -Torts What is a tort? Name the different types of torts What happened in the McDonalds story discussed in class? Explain Intentional Torts: Battery, Assault, Mental Distress Explain what elements are required for a tort to be negligent What is professional negligence? What are defenses to negligence? Compare and contrast Contributory Negligence and Comparative
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In scenario number three, I believe fraud is the most obvious tort action where the customers can sue Franco and Sure Company for their deception. Franco can also possibly file defamation against his employer because they insulted him in front of the other employees of the company. Franco can also sue the Company for violating his right to protest and the tort of intentional battery by the former employee being escorted out by security. The potential plaintiffs are the customers that were deceived
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Synopsis of Tort Cases The team read and answered questions regarding the four different tort cases presented in the class syllabus. The complaints from each case vary from negligence, employee incompetence, personal injury inflicted by another party, strict liability, and premise liability. The situations in the four scenarios are different, but each scenario has a plaintiff who thinks he or she has grounds for bringing a lawsuit against a defendant. Each scenario identifies and discusses the plaintiffs
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example, Potential tort risks that were addressed within the video will be identified. In addition, a tort violation from the video will be identified. This, in turn, will provide the 7-step process to be applied to the risk management process to mitigate the business risk associated with that violation. Lastly, the criterion in determining if it is an appropriate situation to involve legal counsel in regards to the breach of warranty occurrence will be evaluated. Potential Tort Risks First of
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,2 Recognizing and Minimizing Tort Paper Jorge A Cuellar University of Phoenix LAW/531 Business Law November 08, 2010 Loi-Natalie Laing, Esq. Recognizing and Minimizing Tort Paper Alumina Inc. is a company that makes aluminum automotive components and manufacturers all packaging materials like bauxite mining, alumina refining, and aluminum smelting. The company uses some chemicals that are necessary for the process and these chemicals contain and produce carcinogen effluents that can
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Date : April 17, 2010 Reflective Essay Topic : Breach of Contract Introduction and Classification of Law: This article involves contract law- primarily the breach of contract and the punitive damages associated with it. In early 1984 Robinson helicopter Inc contracted Dana parts to purchase sprag clutches for the helicopters that robinson manufactures with a specified design and hardness. The Federal Aviation Administration (FAA) approved design specification for Robinson’s helicopters
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Recognizing and Minimizing Tort and Regulatory Risk Plan Damesha N. Horace Law 531/Business Law July 19, 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan A tort is a civil injury designed to provide compensation for injury to a legally protected, tangible or intangible, interest (West’s Business Law, 2004). To reduce litigation and tort liability, businesses should ensure they are educated in local, state, and federal laws, and regulations. To protect its reputation and
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Bullies on the Job The video Bullies on the Job poses the question of whether or not psychological abuse is a form of harassment. The manager in a professional environment may utilize several measures to prevent intentional torts. The act of bullying may give way to torts related to mental distress, pain and suffering, and hostile environment First, a manager should lead by example. Setting clear expectations that bullying is not allowed will set the tone for the company. Employees should be trained
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will treat each other honestly, fairly and in good faith. It is done either verbal or written. The breach of the contract will result in a lawsuit and the courts decide the disputes between parties to contracts. Intentional tort is a civil wrong doing on purpose. Negligent tort is failure to take care in fulfilling the duty owed. There is no comparison to the two. One is done on purpose and the other is done by not paying attention to what is going on. Interference with Contractual Relations
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