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Liability of Smallness: What it Means and What Can Be Done in esponse
The historical record contains few examples of the smaller underdog winning out over larger opponents, with examples such as David and Goliath being the exceptions rather than the rule. This paucity of examples is due in large part to the so-called liability of smallness which suggests smaller firms are more vulnerable to competition, a constraint that is especially salient for entrepreneurial firms that begin as smaller entities with less experience and resources compared to their larger competitors. The liability of smallness is further aggravated by the liability of newness where start-ups are viewed less favorably compared to longer-established firms. To gain some fresh insights into these issues, this paper provides a review of the relevant literature concerning the liability of smallness, the liability of newness, and how some real-world firms have responded to these constraints. A discussion…
References
Aldrich, H. & Auster, E. (1986). 'Even Dwarfs Started Small: Liabilities of Age and Size and Their Strategic Implications.' In Research in Organizational Behavior, eds L.L.
Cummings and B.M. Staw. Greenwich, CT: JAI Press, pp. 165-198.
Arum, R. & Muller, W. (2004). The Reemergence of Self-Employment: A Comparative Study of Self-Employment Dynamics and Social Inequality. Princeton, NJ: Princeton University
Press.
An appellate court case that found the employer liable for hostile environment sexual harassment is Kunin v. Sears oebuck & Co. Under this claim, Karen Kunin was sexually harassed by a male employee based upon the abusive and derogatory language that was used. Kunin did not report any abuse to her employer other than to asking if cursing was harassment. The U.S. Court of Appeals found that an employer must investigate and prevent sexual harassment in the mind of reasonable employers. The fact that a host of events occurred to Pollard is an indication of how Teddy's Supplies is liable for sexual harassment. As a result, this can be used to support Pollard's claim against the company. ("Kunin v. Sears oebuck & Co," 2011)
Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment.
Yes, Pollard was disparately treated. This is when…
References
Development of Sexual Harassment Law. (2010). Cal State. Retrieved from:
http://www.calstate.edu/HR/SHLaw.pdf
Disparate Treatment. (2012). U.S. Legal. Retrieved from: http://definitions.uslegal.com/d/disparate-treatment/
What is Sexual Harassment. (1998). UMD. Retrieved from: http://www.president.umd.edu/legal/policies/def.html
For example, drunk and disorderly behavior might be a minor infraction in the real world, but a student who continually disrupts the community can be asked to leave it, given the risk he or she poses to other students. But colleges must guard against assuming responsibility for student's hurt feelings -- for example, it is conceivable that having overly stringent hate speech standards that could limit the ability of a school newspaper to support the teaching of Huckleberry Finn in the classroom.
There are many grey areas -- for example, does a university have a responsibility to expel a student recently diagnosed with a severe mental disorder who might be dangerous to others, even though he has never acted in a dangerous fashion? Whose rights hold sway, and by allowing him to remain does the school make itself liable if something bad happens? Do students illegally using the Internet to…
Laying of benefits that accrue to the student before the court further supports the case.
In conclusion, solving issues that dent school's safety is successful if it involves the students, school administration, parents and the community at large. This allows for identification of the root causes of the problem that lead to violent behavior and drug abuse. The school should put in place forums that allow students to raise safety issues that curb them. Through these, the creation of a safe school environment results which in turn provides a conducive environment for academic excellence among the students. Once the school is safe, benefits extend to the neighborhood there is a creation of a safe community.
eferences
Mooij, T. (2012). Personal, family and school influences on secondary pupils' feelings of safety at school, in the school surroundings and at home. Teachers & Teaching, 18(2), 129-157. doi:10.1080/13540602.2012.632270
Nixon, C.L., & Werner, N.E.…
References
Mooij, T. (2012). Personal, family and school influences on secondary pupils' feelings of safety at school, in the school surroundings and at home. Teachers & Teaching, 18(2), 129-157. doi:10.1080/13540602.2012.632270
Nixon, C.L., & Werner, N.E. (2010). Reducing adolescents' involvement with relational aggression: Evaluating the effectiveness of the Creating A Safe School (CASS) intervention. Psychology In The Schools, 47(6), 606-620.
Stloukal, M.E., & Wickman, S.A. (2011). School Counseling Programs as Spiritual and Religious Safe Zones. Counseling & Values, 55(2), 157-170.
It is also a cloudy issue as to whether a company can terminate employment if an individual commits and is convicted of a crime while they are in the employment of the company. If such a crime were a low level crime, that could be thought of as a "gateway" crime such as possession of pornography, soliciting prostitution or prowling, but not a crime sufficient to be made public in any way that the company would easily find out there is a sense that the crime would likely not be reported to the employer and therefore would not cause any concern for increased risk to tenants. It is also interesting that is required that owners and managers of apartment complexes must inform tenants of increased risk, if such occurrences, or more serious ones occur in within the complex, but there does not seem to be a precedence for if the…
References www.questia.com/PM.qst?a=o&d=5000456701
Blakey, G.R., & Roddy, K.P. (1996). Reflections on Reves V. Ernst & Young: Its Meaning and Impact on Substantive, Accessory, Aiding Abetting and Conspiracy Liability under RICO. American Criminal Law Review, 33(5), 1345-1702. Retrieved September 18, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5000456701
DNA Diagnostic Testing Services "Background Checks" Retrieved September 18, 2007, at http://www.alphagenetic.org/id16.html
Loss Prevention Concepts Ltd. " Apartment Security Management: Consumer Tips" Retrieved September 18, 2007, at http://www.lpconline.com/apartments2.html www.questia.com/PM.qst?a=o&d=5002229417
Odom, C. (1995, May). Candid Candidates: What's Behind the Resume?. Security Management, 39, 66+. Retrieved September 18, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5002229417 www.questia.com/PM.qst?a=o&d=5001262359
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Lastly, the court did not offer resolution for the Plaintiff as in summation and appeals it claims that there was not good enough evidence that the accident had been an intentional criminal act and that if security had been provided the incident would not have happened.
2. The foreeseeable legal benefits of the case are twofold, that the venue and all parties in charge of it are not liable for this event as a result of the fact that there was no way to prevent it even if there had been sufficient security, therefore there is only limited if any liability for the city and the event promoter. Yet, the promoter and the city did receive strong warnings about how such a case might play out in the future if such an event occurred again and the acts that took place were proven to be criminal and if the…
Depending on the specific causes and determinations of responsibility, communications initiatives will emphasize the corrective actions and consequences as well as the protocols for ensuring against any possible recurrence (Locker, 2005).
If the allegations are not true, those efforts will credit the company's compliance record, commitment to the environment, and express extreme sensitivity and concern for the well-being of the child of the individual making the erroneous allegations. full intention to assist in any further investigation, compensate any individuals possibly harmed by this isolated compliance failure. If the allegations are true, executive management, legal counsel, and public relations managers will determine the appropriate offer to settle the case without formal adversarial procedures. Data analysis and research of empirical medical literature will determine the company's posture with respect to actual liability for the child's medical condition. To the extent that research indicates possible causation, the offer of settlement will incorporate that…
References
Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.
Cincinnati, OH: West Legal Studies.
Locker, K.O. (2005). Business and Administrative Communication. Boston, MA:
McGraw-Hill.
Liability
Criminal Liability and Healthcare Organizations
Providing the highest quality care possible to patients is of course the overarching goal for any ethically operating medical establishments, and should guide most practices. There are other considerations for medical practitioners and organizations, however, that must also remain present in the awareness, planning, and actions of administrators, physicians, and other personnel. Criminal liability, while not the most pervasive threat in most medical organizations, is still a very substantial risk that must be controlled. The following paragraphs provide some very brief details regarding criminal liability in two specific areas that present real and common risks to most medical organizations in the United States: Medicare/Medicaid fraud and abuse, and the abuse or neglect of patients admitted for treatment.
While most cases of Medicare or Medicaid abuse or fraud on the part of physicians or medical organizations results only in civil penalties, criminal charges have been…
References
Hurley, S. & Berghahn, M. (2010). Medication Errors and Criminal Negligence: Lessons from Two Cases. Journal of Nursing Regulation 1(1): 19-43.
Taitsman, J. (2012). Educating Physicians to Prevent Fraud, Waste, and Abuse. New England Journal of Medicine. 364:102-103.
liability that a nurse encounters on the job. It provides a discussion about the legal risks involved in various health care settings for nurses. There were eight sources used to complete this paper.
For years, there have been reports of a nationwide shortage of nurses. Hospitals, medical offices and nursing homes are constantly trying to attract nurses with better hours, better benefits and sign on bonuses, but the media continues to report a shortage of nurses in almost all areas. One of the reasons for the shortage may be nurses leaving the profession for various reasons including the liability that working as a nurse creates.
Nurses have many different duties regardless of the environment that they work in. They may be required to assess patients, take vital statistics, advise the physicians on the findings, handle patient phone calls and administer medications. Many of the duties that they perform carry a…
References
Medication calculation skills of the medical-surgicalnurse.
MedSurg Nursing; 4/1/1997; Ashby, Denise A.
Failures to Follow Hospital Policies Result in Patient'sDeath.(Brief Article)
Nursing Law's Regan Report; 3/1/2001; Tammelleo, A. David
if, however, the plaintiff is able to prove that the defendant hotel failed to follow its own procedures in regard to the elevators and guests' rooms to the point that security was compromised then the plaintiff may be able to prove an actionable breach.
The injury and damages aspect of the plaintiff's case are clearly present and should not be the easier portion of the plaintiff's case. The nature of the plaintiff's injuries are serious and if the breach of duty is proven the plaintiff's injuries should make him a sympathetic figure to the jury.
The final requirement is that the plaintiff must demonstrate that the proximate cause of his injuries was the negligence of the defendant. Essentially, the plaintiff must be able to prove that but for the defendant's negligence the incident giving rise to the plaintiff's injuries would not have occurred. Based on the facts presented, proximate cause…
Atomic Mushroom should prevail.
6. The plaintiff would have available three possible causes of action related to the same set of facts: the taking of the keys. The first cause of action would be based in conversion. The problem in this approach would be the fact that the defendant's possession of the keys was only momentary and did not result in the plaintiff's suffering complete exclusion from her keys. The second course of action would be to proceed on the basis of intentional infliction of mental distress. Here the problem will be the plaintiff's ability to demonstrate that the defendant's behavior was "extreme and dangerous." As foolish and childish as the defendant's behavior may be whether such behavior raises to the level necessary for recovery for this tort under the law of most jurisdictions is questionable.
The third cause of action would be trespass to a chattel; the chattel being…
companies be held liable?
The issue of whether firms should be held responsible for losses sustained for external attacks on their AIS (accounting information systems) has recently come into sharp focus. On one hand, if a firm has put in place sufficient security measures, then in that case they shouldn't be held liable for any losses incurred in an external attack on their AIS. On the other hand, if a firm is negligent and has failed to put into adequate security controls, then they ought to be held liable for any losses incurred in the event of a successful security attack on their accounting information systems. There are quite a number of different types of attack that can enable access to accounting information systems (AIS), and if a company does not put measures to protect themselves against those attacks, then in the event of a successful attack the relevance and/or…
References
Beard, D., & Wen, H. J. (2007). Reducing the Threat Levels for Accounting Information Systems. CPA Journal, 77(5), 34.
Layton, T. (2007). Information Security Design, Implementation, Measurement and Compliance. Boca Raton, New York: Auerbach Publications, Taylor & Francis group.
Peltier, T. R. (2001). Information Security Risk Analysis. CRC Press.
Schneier, B., & Miller, C. (2002). In: Successful Attacks on Accounting Information System. Retrieved from: http://top-***.com/essays/Analysis/successful-attacks-on-accounting-information.html
Liability
hen a crime is committed, actus reus, police and other criminologists will need to find out who is responsible. According to the criminal justice system, if a person is accused of a crime, the people in positions of authority in that jurisdiction must determine how liable that suspect is for the actions that they have performed. Most suspects will be found to be of sound mind and therefore they are completely responsible for what they have done and will have to face the full penalty for their crimes. They will be found mens rea, meaning that the person was fully aware of the repercussions of their actions but chose to commit a crime anyway. Some people however are found to be unsound in terms of their mental faculties. These people will be considered less liable because a mental illness or sociological influences may have prevented them from understanding the…
Works Cited
Jones, C. (2005). Genetic and environmental influences on criminal behavior. Rochester Institute: Rochester, NY.
Tavernise, S. (2012). "Ohio shooting suspect confesses, prosecutor says." New York
Times. http://www.nytimes.com/2012/02/29/us/ohio-school-shooting-suspect-confesses-prosecutor-says.html?_r=1&ref=us
Liability
On December 3, 1984; the lives of residents of Bhopal, India were changed dramatically. This occurred with the release of 40 tons of Methyl Isocyanate Gas (MIC) leaked from the Union Carbide plant. The result is that more than 3,800 people died from the release of this substance into the atmosphere. The lasting effects are that local and national regulations were streamlined under the Bhopal Gas Leak Disaster Act. The public is interested in the case, as it has implications on the way environmental protections are applied by multinational corporations inside developing countries. This caused all regulations to become integrated into a single standard. (Broughton, 2005)
The case involving Joe and James is showing how both can be arrested for assault. At the same time, each side can sue each other for negligence, emotional distress, lost income and pain / suffering from their injuries. The situation with Chuck and…
References
2011 Minnesota Statutes. (2011). MN. gov. Retrieved from: https://www.revisor.mn.gov/statutes/?id=347.02&year=2011
Palsgraf v. Long Island R. Co., 248 N.Y. 339. (2015). New York, NY: Thompson Reuters
Broughton, E. (2005), The Bhopal disaster and its aftermath: review. NCIB. Retrieved from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1142333/
Owen, D. (2007). The Five Elements of Negligence. Hofstra Law Review, 35 (1671), 1-10.
BK Product Liability
Product liability is a complicated and expansive sect of law and society. The role of the consumer is very important in the economic processes and political organization of our environment. As a result of this influence, product liability laws are continually evolving and reaching out into new areas of commerce.
The purpose of this essay is to examine the product liability law case of Byslma v. Burger King Corporation. This essay will document and describe the background and company history and its relation to the product safety issue. The essay will also discuss the legal theories and strategies that the plaintiff used and is using in its current appeal. I will also explore the very complex map of regulatory agencies that are designed to oversee and eventually protect citizens of its subscribers. Lastly this essay will argue for certain recommendations to the company to avoid future problems…
Works Cited
Baker, R. (2013). 9th Circuit restores 'phlegm burger' suit following Wash. high court guidance. Reuters, 27 Feb 2013. Retrieved from http://blog.thomsonreuters.com/index.php/9th- circuit-restores-phlegm-burger-suit-following-wash-high-court-guidance/
Gullo, K (2013). Burger King Suit Over Spit in Sandwich Revived by Court. Bloomberg, 12 Feb 2013. Retrieved from http://www.bloomberg.com/news/2013-02-12/burger-king - lawsuit-over-spit-in-meal-revived-by-appeals-court.html
Payne, C. (2013). State's high court: Washington Product Liability Act permits emotional distress in the absence of injury. Lexology, 13 Feb 2013. Retrieved from http://www.lexology.com/library/detail.aspx?g=416db404-a4d7-4753-9726 - cdae29542663
Stearns, D. (2009). Product Liability: How it Turned Strict. Food Safety News, 2 Sep 2009. Retrieved from http://www.foodsafetynews.com/2009/09/product-liability-how-it-turned - strict/#.UUDN1FfX842
Business
Limited Liability Corporation and Partnership Paper
A limited liability company, normally called an LLC, is a business arrangement that merge the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation (Limited Liability Company (LLC) FAQ, 2012). The federal government does not distinguish an LLC as a classification for federal tax purposes. LLC's are well-liked because, comparable to a corporation, owners have limited personal liability for the debts and actions of the LLC. Other features of LLC's are more like a partnership, providing management suppleness and the benefit of pass-through taxation. Owners of an LLC are called members. Since most states do not restrict ownership, members may be individuals, corporations, other LLC's and foreign entities. There is no maximum number of members. The majority states also permit single member LLC's, those having only one owner (Limited Liability Company (LLC), 2012).
A LLC offers defense…
References
Carter, C. (2012). Limited Liability Corporations vs. Partnerships. Retrieved from http://smallbusiness.chron.com/limited-liability-corporations-vs.-partnerships-4430.html
LLC Basics. (2012). Retrieved from http://www.nolo.com/legal-encyclopedia/llc-basics-30163.html
Limited Liability Company (LLC). (2012). Retrieved from http://www.irs.gov/businesses/small/article/0,,id=98277,00.html
Limited Liability Company (LLC) FAQ. (2012). http://www.nolo.com/legal-encyclopedia/limited-liability-company-llc-faq-29144.html
Mitsubishi should also be transparent about any defect error that comes in their product. In this way, they would be able to avoid the gigantic loss, which occurs in case a company's product line fails, or a company faces lawsuits in case of a defective product.
Conclusion
Organizations have the ultimate responsibility to make sure that the product they manufacture is free from any fault. Products manufactured should be free from risks. Any product that produces or possess a slight risk for the consumers should be rectified during the initial stages before it is circulated in the market and reaches its end users. There is no product that cannot be rectified before it reaches the market.
Organizations avoid full fledge check and balance of the product in order to reduce costs, but one thing that they take time to realize is that return of faulty product or product liability lawsuit…
References
Keeton, P. (1997). Cases and materials on the law of torts. United States: West Pub. Co.
Kinzi, M., Hart, C. (2002) Product Liability Litigation. United States: West Legal Studies Series.
McAdams, T., Neslund, N, & Kristofer (2006). Law, business, and society. United States: Mcgraw-Hill.
Parker, C. (2002). The Open Corporation: Effective Self-Regulation and Democracy: United Kingdom: Cambridge University Press.
Product Liability
Yamaha Motor Group is a multinational corporation that manufactures motorcycles, all-terrain sport vehicles, watercraft products, as well as other product lines (Yamaha). The Rhino 660 and the Rhino 450 are two of the all-terrain sport vehicles they manufacture. In 2007, Yamaha Motor Group had over 100 cases of product liability suits against them where the seat belt restraint systems did not work properly, there were no doors or window netting on the vehicles to restrain the occupants inside the vehicle, and a stability problem caused them to easily roll over that caused injury to consumers.
Extensive testing showed the seatbelt retractor had significant belt spool out and upper torso motion before lockup during tip over events (Aulerio). The seatbelt restraint system did nothing to restrain movements of upper and lower extremities causing them to be free to flail and be partially ejected from the confines of the compartment…
Bibliography
Products Liability. (2010, Aug 19). Retrieved from Cornell Univeristy Law School: http://www.law.cornell.edu/wex/Products_liability
Aulerio, L. (n.d.). In Re: Yamaha Motor Group. Rhino ATV Products Liability Litigation. Retrieved from Yahama Rhino Information: http://www.hamaha-rhino-information.com/Yamaha_Rhino_Site/...0192%20-%20Louis%20D%27Aulerio%20Report.pdf
Peters, A. (2010, June 3). Jury Awards 317K in Yamaha Test Case. Retrieved from Law.com: http://www.law.com/jsp/article.jsp?id=1202459113988&Jury_Awards_317k_in_Yamaha_Test_Case
Yamaha. (n.d.). Retrieved from Yamaha Motor: http://www.yamaha-motor.com/
Product Liability
Today's society is a consumer-based system where relationships are expressed when people buy products from companies. Product liability when accidents occur has become a focus point for many court cases and rulings. The purpose of this essay is to examine product liability laws by investigating a current case that merits discussion. In this essay I will examine the case of Chavez v Glock to reveal the processes involved when dealing with these types of disputes.
This essay will be structured to examine the finer details of how product liability can be a complicated issue and requires much analysis and discussion. I will first discuss the background of this case before weighing the legal options of the arguments. The next segment of the essay will discuss safety regulation of products and what regulatory agencies are ultimately responsible for certain actions. Lastly I will make recommendations to the company to…
Works Cited
Brooklier, C. (2012). Paralyzed Cop Enrique Chavez Has No Backing Suit Against Gun Maker Glock. Opposing View, 26 July 2012. Retrieved from http://www.opposingviews.com/i/society/guns/paralyzed-cop-enrique-chavez-has-no - backing-suit-against-gun-maker-glock
"Chavez v. Glock, Inc., B230346." California Court of Appeal. FindLaw.com. Viewed 9 March 2013. Retrieved from http://caselaw.findlaw.com/summary/opinion/ca-court-of - appeal/2012/07/24/259673.html
Mellor, M. (2012). Case Against Gun Manufacturer To Go To Trial. The Mellor Law Firm, 22 Aug 2012. Retrieved from http://mellorlawfirm.com/legal-news/case-against-gun - manufacturer-to-go-to-trial/
Viscusi, K. (2012). Does Product Liability Make Us Safer? Regulation, Spring 2012. Retrieved from http://www.cato.org/sites/cato.org/files/serials/files/regulation/2012/4/v35n1-4.pdf
Property and Liability Insurance
For a number of years insurance companies have in a way or the other tried to deviate from insurance that is known as all-risk or if you like comprehensive in scope. Computer risk revelations under both liability and property policies are recorded as the most recent threat that the insurance companies has piled efforts to push into stand-alone subject policies all rather definite insurance policy endorsements to more unadventurous policies. On the other hand, just for the reason that the insuring section for computer risks is positioned into a particular computer policy never implies that the coverage is constricted in range for the online computer risk. For instance, in the Sixth Circuit case where AIG insurance company had sought to refute coverage by arguing for a constricted elucidation of the insuring section as well as an extensive analysis of the policy exclusions. Providentially, equally those claims…
Reference
Paula M. Yost et al. (2001)., In Search of Coverage in Cyberspace: Why the Commercial General Liability Policy Fails to Insure Lost or Corrupted Data, 54 SMU L. Rev. 2055, 2063 Retrieved on 12th Feb 2014 http://digital.law.washington.edu/dspace law/bitstream/handle/1773.1/358/vol1_no2_art6.pdf?sequence=1
Michael A. Rossi (2003), Cyber Liability Insurance Issues for Large Companies. Retrieved on 13th Feb 2014 http://www.irmi.com/Expert/Articles/2003/Rossi08.aspx
Kevin P. Cronin et al. (2003)., Data Security & Privacy Law: Combating Cyberthreats. 14:31
27. Magnetic Data, Inc., 442 N.W.2d Retrieved on 12th Feb 2014
Tattoo Shoppe Case -- Liability for Wrong Tattoo
Questions Presented
Is Tattoo Shoppe liable for the wrong tattoo performed by its owner on Lydia's lower back? If yes, how much money is the tattoo parlor liable for and how can such liability be prevented in the future?
Short Answer
Even though liability for tattoos that go wrong varies across the state, the tattoo artist is primarily liable while the tattoo parlor has only a small portion of the liability. According to the law, any individual who performs any service should conduct it with reasonable skill and care. Therefore, if the tattoo parlor makes a wrong tattoo or messes one up, he/she is in violation of his/her contract with the client. Tattoo Shoppe will be liable for physical or financial compensation for the cost of the tattoo and any other damages.
Statement of Facts
The issue under evaluation is where the…
Introduction
As the manager of Acme Fireworks, it is my responsibility to use the best business practices going forward. With business beginning to grow, the need to address certain issues is now incumbent and some decisions need to be made quickly before any further steps in the business are taken. Specifically, the company now employees 15 workers but with so many larger orders coming in currently from big firms, there is a need to hire and train more workers: however, if the orders begin to dwindle in the future, there could be a problem with funds to pay for these new hired hands. Thus, the questions that need to be answered first and foremost are whether the current contracts with the big businesses regarding the putting on of a fireworks display will be governed by common law or by the Uniform Commercial Code (UCC). It is also important to know…
References
Ang, J. S., Lin, J. W., & Tyler, F. (1995). Evidence on the lack of separation between business and personal risks among small businesses. The Journal of Entrepreneurial Finance, 4(2), 197.
Bernhard-Oettel, C., Sverke, M., & De Witte, H. (2005). Comparing three alternative types of employment with permanent full-time work: How do employment contract and perceived job conditions relate to health complaints?. Work & Stress, 19(4), 301-318.
Coleman, S. (2000). Access to capital and terms of credit: A comparison of men-and women-owned small businesses. Journal of Small Business Management, 38(3), 37-46.
Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc.
Smail, L. (1961). Basis of liability in fireworks accidents. Washington and Lee Law Review, 18(1), 144-150.
Travelers Indemnity Co. v. Stedman
Facts
At issue is the fact that a person named Stedman drew a number of forged checks. The money belonged to the American Lung Association. However, Stedman appropriated the money for herself to the tune of about $130,000. The American Lung Association had an insurance policy to cover losses of this nature, at least to a degree. To that end, Traveler’s covered the losses of the American Lung Association (Court Listener, 2018).
Issue
The issue in this case is the fact that Travelers (the insurer of the ALA’s funds) could go against Stedman personally for the checks and money that were stolen. Because Travelers lost the money on the insurance payout, they wanted to recover the money from Stedman, as that is the person who stole the funds (Court Listener, 2018).
Decision
Part of the case involved the fact that Merrill Lynch, a co-defendant that…
References
Court Listener. (2018). Travelers Indem. Co. v. Stedman, 895 F. Supp. 742 – CourtListener.com.
Court Listener. Retrieved 11 February 2018, from https://www.courtlistener.com/opinion/1570449/travelers-indem-co-v-stedman/
FindLaw. (2018). FindLaw\\'s Supreme Court of Illinois case and opinions. FindLaw. Retrieved 11 February 2018, from http://caselaw.findlaw.com/il-supreme-court/1056181.html
ecause the $750.00 was given as a donation to the non-profit organization, it will be viewed as an asset. Since the preparation of the tax return was given in exchange for the donation, it is considered a gift and thus not an asset.
Next, one must inquire as to whether the firm of Good and Good's liability should be measured at out of pocket cost, at full costs, or at market value? As has previously been explained, if sued for professional malpractice, the court is most likely to hold Good and Good liable for the full amount of damages to Mr. Pinchpenny that was caused by their professional negligence. Thus, Good and Good's liability is likely to be measured at market value.
The final question that needs to be asked is whether or not any amount in excess of what the firm of Good and Good intended to contribute to…
Bibliography
Aspatore Books Staff. (2005): Professional Liability Law: Leading Lawyers on Strategies for Minimizing Risk and Increasing Success in Professional Liability Suits. Aspatore Books, Inc.
Chorafas, Dimitris N. (2001): Liabilities, Liquidity, and Cash Management: Balancing Financial Risks. New York: Wiley & Sons, Inc.
Frey, R.G.G., Morris, Christopher W. (1991): Liability and Responsibility: Essays in Law and Morals. Cambridge: Cambridge University Press.
Product Liability Tort
RISK AND RESPONSIILITY
A tort is a civil wrong, loss or harm inflicted by a person's behavior upon another (LII, 2010). While it is not necessarily an illegal act itself, the law allows the person harmed to recover his loss or receive compensation for the harm. It differs from a crime wherein the person's harmful act affects society in general. A claim of tort may be filed in a civil court. The three main elements of a tort are duty, the breach of that duty, and the injury or harm caused by the breach. The four main types of torts are intentional, negligence, strict liability, and nuisance. One type of negligence torts is products liability (LII).
Products liability can be incurred by any or all of the persons involved in the manufacturing chain of a product for the damage it causes (LII, 2010; Lim, 2012). It may…
BIBLIOGRAPHY
Harb, T. (2008). 7 essential elements of ERM and the role of internal audit. The Institute of Internal Auditors. Retrieved on December 29, 2012 from http://www.inconsult.com.au/Articles/Essential%2520elements%2520of%2520role%2520of%2520Internal%2520Audit.pdf
LII (2010). Products liability. Legal Information Institute: Cornell University Law
School. Retrieved on December 30, 2012 from http://www.law.cornell.edu/wex/products_liability
Lim, K. (2012). How can businesses reduce product liability risks? Globial International
Products Liability esearch:
Mattel Inc. is a company that was founded in 1944 by Elliot and uth Handler that designs, manufactures, and markets a huge range of toy products. The firm is headquartered in California with its core product lines including Hot Wheels die-cast vehicles, Barbie fashion dolls, Disney toys, Fisher-Price preschool toys, and games like Scrabble. While Mattel also manufactures its toy products based on license agreements with movie makers, most of its toys are produced outside its huge market in the United States i.e. Southeast Asia. Actually, the firm's principal manufacturing facilities are located in several countries in Southeast Asia like Malaysia, China, Thailand, Indonesia, and even Mexico. Since its inception, the company has continued to experience significant growth that enables it to generate huge revenues. By 2007, its revenues had grown to $5.97 billion with its three largest customers accounting for 41% of sales across the globe.…
References:
Andersen, M. (2009, October 16). Mattel Settles Lawsuit Over High Levels of Lead in Chinese
Toys. Retrieved June 10, 2012, from http://www.usatoday.com/money/industries/retail/2009-10-14-mattell-lead-in-toys-settlement_N.htm
"CPSC Overview." (n.d.). U.S. Consumer Product Safety Commission. Retrieved from Consumer Product Safety Commission website: http://www.cpsc.gov/about/about.html
Lacorte, V.L. (n.d.). Mattel, Inc.: The Lead paint Recall. Retrieved from Tuck School of Business
Codification and Liability isk: Napoleonic Code vs. Common Law
In today's modern world, insurance has become an everyday concept. We ensure our homes, vehicles, and valuable property. In many states, vehicle insurance is now demanded by law of its drivers. Yet, very few of us step back and actually question where this notion of insurance actually comes from. It is a strange concept, to pay a premium monthly in order to protect oneself from damages later in the event of a catastrophe. In fact, insurance around the world is not considered the same thing. In fact, codification of insurance in various countries is influenced by different legal systems. While in the United States, insurance is influenced by common law practices, other countries in Europe, the Middle East, and South America use codification principles stemming from the Napoleonic Code.
In most Western countries, like the United States, common law is the…
References
Cozen. (2001). Insurer, insured and priority in recovery proceeds: Who gets what and when? Cozen O'Connor. Web. http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDMQFjAB&url=http%3A%2F%2Fwww.cozen.com%2Fadmin%2Ffiles%2Fpublications%2FPriority_in_recovery_proceeds.DOC&ei=coyfUvSILtfhoAS3voDoBQ&usg=AFQjCNHhkK58zNH1PONY8_1DXOksY2Lrqw&sig2=GeTJ6ZZH846RqBuPkcoB_g&bvm=bv.57155469,d.cGU&cad=rja
Schwartz, Ben. (1998). The Code Napoleon and the Common Law World. The Lawbook Exchange.
Stamenkovic, Mark. (2010). Middle East insurance & subrogation overview. Cozen O'Connor. Web. http://www.cozen.com/admin/files/publications/middle%20east_110510.pdf
Tetely, William. (1999). Mixed jurisdictions: Common law vs. civil law (codified and uncodified). Electronic Library of International Commercial Law. Web. http://www.cisg.law.pace.edu/cisg/biblio/tetley.html
Vicarious Liability Case
This present study is a vicarious liability case assignment and it is divided into two primary sections. The first section aims at distinguishing between corporate criminal liability and tort law vicarious liability resulting from the negligence of a health care organization's employee. The second section defines and discusses apparent agency and then states the impact status of the agent/employee vs. independent contractor has on analysis of liability.
Corporate criminal liability vs. vicarious liability
Corporate criminal liability falls under criminal law which defines the extent to which a company or a corporate that exists as a legal person can be held liable for the omissions or acts of an employee working for it. Crime punishable by corporate criminal liability can be defined as a breach of public right and duties which affect the whole community. The doctrine of vicarious liability is entrenched in law of torts and it…
References
Geraghty, 2002; Corporate Criminal Liability, American Criminal Law Review,
Gobert, J. 1994; Corporate Criminality: New Crimes for the Times; Criminal Law Review
Laski .H, 2006; 'Basis of Vicarious Liability' Yale Law Journal
Sealy L. S and Hooley R.A., 2009, Commercial Law: Text, Cases and Materials
Another, related doctrine to vicarious liability is that of negligent hiring, in which an employer does not take reasonable precautions to do appropriate background checks of the employee. If a hospital hires a nurse without the necessary qualifications, the hospital may be found liable for any errors the employee performs. However, the hospital might be found vicariously liable if it hires a qualified nurse, but expects the nurse to labor under unreasonable circumstances, such as working back-to-back shifts repeatedly with a skeleton staff, or has the nurse perform her duties with improperly maintained medical devices.
The need for the doctrine of vicarious liability is manifest in the fact that it is necessary for employers to be held liable for the consequences of their policies and not blame their own imprudent actions, conducted in the name of profit, to improve their bottom line. Simply put, it is not fair to hold…
References
Businesses whose employees text or place business-related calls while driving could be found vicariously liable. (2010). Business Wire. FindArticles.com. Retrieved May 2, 2011, from http://findarticles.com/p/articles/mi_m0EIN/is_20100125/ai_n48734655/
Employer liability for an employee's bad acts. (2010). Nolo. Retrieved May 2, 2011, from http://www.nolo.com/legal-encyclopedia/employer-liability-employees-bad-acts-29638.html
Leung, Susan. (2004). A new test for vicarious liability. China Staff. FindArticles.com.
Retrieved May 2, 2011, from http://findarticles.com/p/articles/mi_qa5478/is_200411/ai_n21362609/
Imposing liability on others despite their lack of culpability is sometimes used as common law and courts have evolved the principle that an employer can put responsibility for some acts onto employees when an act is committed during the course of employment. The distribution of costs of accidents and other injuries and losses has been passed along by employers through insurance and higher costs by employers to employees, customers and clients.
In criminal cases, there is no vicarious liability. The principle this relies upon is that a crime is composed of both an "actus reus" (guilty act) and a "mens rea" (guilty mind), and that a person with these two should be convicted if both are present at the same time. Therefore, it is very difficult to prove that another party is responsible for a criminal act, as the culprit has to have both a guilty act and a guilty…
References
Vicarious Liability," (2006) Online Lawyer Source. Retrieved November 25, 2006 at http://www.onlinelawyersource.com/personal_injury/vicarious_liability/index.html
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment." (1999), The U.S. Equal Employment Opportunity Commission.
Asset- Liability Management (banking)
The business system that enables a company to collect, maintain and manage a complete list of all the components possessed by the company is known as asset management. The main objective of the asset management is to enable the company to manage the financial facets of the ownership, estimation of the costs of ownership, record of items on hand, spare parts, replacements, depreciations, maintenance and insurance. (Asset management: www.infobeagle.com) The concept of asset-liability management has different meaning in different fields. Normally the banks and insurance companies employ accrual accounting for practically all their assets and liabilities. They are required to take on the liabilities and to invest on the assets and by so doing the reorganize the assets and liabilities from the hidden potential risks involved. (Asset Liability Management: Contingency Analysis) The objective of the Asset Liability Management Resources is to entail analysis, instruction and guidance…
259). These authors assert that crowd management and crowd control constitute two additional vital issues that athletic facility management needs to address when hosting events at any stadium or venue.
Event managers also need to understand the type of event(s) they host and understand that variuos events draw different types of crowds, as no two crowds are alike and each crowd typically behaves in different manners. Abbott and Geddie (2001) warn: "Crowds can behave violently, resulting in destruction of property, personal injury, and, in extreme cases, death. Crowd management plans should be adjusted to meet the needs of the event and the potential crowd" (p. 260). Event managers need to prepare for the unexpected that might occur. They need to also realize that football game may require more security officers than a golf game.
Event managers also need to be aware of the surrounding location of the stadium or venue.…
REFERENCES
Abbott, J. & Geddie, M.W. (2001). Event and venue management: Minimizing liability through effective crowd management techniques. Event Management. Cognizant Comm. Corp.
Vol. 6, pp. 259 -- 270. Retrieved July 10, 2009 from http://www.popcenter.org/problems/spectator_violence/PDFs/Abbott.pdf
Borkowski, R.P. (2006). When good facility go bad. Athletic Management. Retrieved July 12,
2009 from http://www.athleticmanagement.com/2007/01/15/when_good_facilities_go_bad/indx.php
As in the case of explosive manufacturing and housing wild animals, running a commercial gas station is a commercial activity that is inherently dangerous no matter what precautions the operator takes to prevent accidents that could cause harm to others.
Running a gas station is an ultra-hazardous activity whose dangers can be mitigated as much as possible, but the very nature of the activity is impossible to make completely safe. Therefore, unlike the situation in the supermarket, any injuries suffered by victims of a fire or an explosion caused by the gas station's stored hazardous liquids would not require any showing of negligence on the part of the gas station owners or operators. (Of course, if the plaintiff was injured in a slip and fall in the cashier area and not because of the inherently dangerous aspect of gasoline storage, the same requirement would apply with respect to establishing a…
Starbucks
The short-term liabilities of Starbucks are $2.075 billion. The long-term debt is $549.5 million. Total long-term liabilities -- not the same thing as long-term debt -- are $899.7 million.
The market value of equity of Starbucks (market cap) is $31.17 billion.
The debt ratio of Starbucks is as follows: 2975.5 / 7360.4 = .404
The debt to equity ratio of Starbucks is as follows: 2975.5 / 4384.9 = 0.678
The short-term debt to equity ratio is as follows: 2075.8 / 4384.9 = 0.473
The short-term debt ratio is as follows: 2075.8 / 7360.4 = 0.282
The long-term debt to equity ratio is as follows: 899.7 / 4384.9 = .205
The long-term debt ratios is as follows: 899.7 / 7360.4 = .112
I believe that this debt ratio is healthy. There are two reasons for this. The first is that Starbucks has a low degree of leverage with a debt…
Works Cited:
MSN Moneycentral: Dunkin Brands (2011). Retrieved November 28, 2011 from http://moneycentral.msn.com/investor/invsub/results/statemnt.aspx?lstStatement=Balance&stmtView=Ann&symbol=DNKN
MSN Moneycentral: McDonalds (2011). Retrieved November 28, 2011 from http://moneycentral.msn.com/investor/invsub/results/statemnt.aspx?lstStatement=Balance&stmtView=Ann&symbol=MCD
MSN Moneycentral: Starbucks (2011). Retrieved November 28, 2011 from http://moneycentral.msn.com/investor/invsub/results/statemnt.aspx?lstStatement=Balance&stmtView=Ann&symbol=SBUX
Common buzz words management uses in regards to loss are, "Probable," "easonable," or "emote." Although these words can vary, management must be careful to provide an accurate account of the likelihood of loss and a reasonable estimate of loss. It is important to note that many contingent liabilities are not currently a liability but may become one in the event of adverse circumstances in the future. An example of an accounting journal entry for a contingent liability is listed below
Accounting Example:
A manufacturer of XYZ shoes provides products to various consumers worldwide. XYZ Company provides itself on excellent customer service. As such, it provides a one year warranty on its shoes. Using the company's proprietary information, they estimated that each shoe sod is equivalent to roughly $2 of warranty expenses. During the current year, XYZ Company sold 20,000 pairs of shoes. As it is probable that XYZ company will…
References:
1) Keenan, Denis.Accountancy; Jan1980, Vol. 91 Issue 1037, p91
2) Management Accounting: Magazine for Chartered Management Account; Jan97, Vol. 75 Issue 1, p10
Ethics, Legal, Politics Case Studies
WARRANTY AND ENVIRONMENTAL LIAILITIES
reach of Warranty. A warranty is a part of a contract of the sale of certain goods (Farlex Inc., 2014). It is either an express or implied assurance that the purchased good or item will perform at a certain level of efficiency. The warranty is express when the seller or manufacturer affirms facts about the item being purchased. An implied warranty is fixed and enforced by law, i.e., the product liability law. This law guarantees or protects product quality or suitability for use, and merchantability. The Uniform Commercial Code covers these and other warranties (Farlex, Inc.). A case of product liability can occur when the buyer suffers in any way from the use of the product as a consequence of reliance or trust in the product and its warranties (Rot Law, 2011). The injured person can make a breach of warranty…
BIBLIOGRAPHY
Clark, C.K. (1993). Due process and the environmental lien: the need for legislative reform. Vol. 20 Issue 2, Boston College Environmental Lien Review: Law Digital
Commons. Retrieved on May 20, 2014 from http://www.lawdigitalcommons.bc.edu/cgi?article=1423&context=ealr/Vol20/issue2/2
Farlex, Inc. (2013). Legal dictionary. Retrieved on May 20, 2014 from . http://www.legal-dictionary.thefreedictionary.com/Breach+of+Warranty
Justia U.S. Law (1991). 947 F. 2d 1509: Paul D. Reardon and John e. Reardon, plaintiffs,
Medford Fire -- Rescue Liability Checklist
MF-R liability checklist
Does your department have copies of all legislation, regulations, bylaws, codes, and standards that are relevant to your department's operations?
The Department has access to all legislation at Federal, State, County, District and municipal levels, including regulations, bylaws where applicable, extensive codes, and standards issued by government, agency and professional associations. These documents are dispersed widely throughout government and agency literature, but most of the relevant operational policy documents are public and available on request if not accessible through the Internet. This regulatory detail is so extensive and widespread that a large part of Department administration's continuing education is devoted to simply keeping up with the ongoing changes and amendments to these laws, codes and best practices.
Has your municipality passed a fire bylaw? If so, was it tailor-made to suit the particular needs of your department? Does it accurately reflect…
Vicarious liability imposes liability on one person for an illegal or tortious act committed by another, such as the negligent conduct of the dockyard worker under BUG's employ. Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999)
Question B
hat defenses may be available to BUG?
BUG could argue that neither the dockyard worker not BUG security measures were not negligent, that security was adequate, and the incident was much like a car accident, making it the fault of the driver or robber, not BUG's inability to protect the employee of the vendor company. However, even if a car accident occurs "while the employee was driving from his office to a client's site," on a professional matter, the employer will likely be liable for the accident, thus BUG's legal fate does not look salutory. (Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999)
orks Cited
Tort Liability Basics: Strict, Vicarious,…
Works Cited
Tort Liability Basics: Strict, Vicarious, and Joint Liability." (Nov 1999) Findlaw. Retrieved 16 Sept 2006 at http://www.inc.com/articles/1999/11/15396.html
Bobby and achel Liability
There is potential liability on the part of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General Hospital. In this essay, the author will consider each party's responsibility and potential liability/neglect separately. We will define comparative negligence and discuss its application to the analysis of liability in the scenario. As we shall see further on, there is an inherent contradiction between the cost containment of managed health care and the law, but this does not excuse the gross negligence of the medical staff or reduce the ability of the plaintiff for civil damages.
EMTALA (Emergency Medical Treatment and Active Labor Act) requires almost all hospitals to provide an examination and needed stabilizing treatment, without consideration of insurance coverage or ability to pay, when a patient presents to an emergency room for attention to an emergency medical condition that requires immediate…
References
Daniels, N., & Sabin, J. (1998). The ethics of accountability in managed care reform. Health Affairs, 17(5), 50-64.
Li v. yellow cab co. -- case brief. (n.d.). Retrieved from http://www.lawnix.com/cases/li-yellow-cab.html.
Rothenberg, K.H. (1989). Who cares?: the evolution of the legal duty to provide.
Houston Law Review, 26(21), 21-76.
hen does insanity excuse criminal liability?
A defendant has an excuse for liability, says Paul Robinson, in his book Criminal Law Defenses, when he or she is acting involuntarily and their own disability causes him or her to mistakenly or unknowingly violate a criminal prohibition. This person does not know whether his or her behavior is wrong or criminal (Robinson 222). This is in contrast to what is called a character-based approach, where a person's adherence to virtues or vices creates a character and a reputation for morality or immorality, upon which they are judged. Finkelstein argues that a system which bases its retributive punishment on a person's character, rather than on the act itself brings about social welfare. Just as one cannot judge a person's moral character upon a single act, one cannot decide the morality or immorality of a person by visible actions. She quotes George Fletcher as…
Works Cited
Article 35 of the NY State Penal Code: Found at http://ypdcrime.com/penal.law/article35.htm .
Finkelstein, Claire. Excuses and Dispositions in Criminal Law. U. Of Buffalo. 14 Apr 2003.
Fletcher, George. Rethinking Criminal Law. 1978.
Hans, Valerie P. And Slater, Dan. "John Hinckley, Jr. And the Insanity Defense: The Public's Verdict," the Public Opinion Quarterly, Vol. 47(2). 1983.
Hospital Liability
The parties involved in the case are Charles Cullen, the primary guilty party, the families of the victims who were murdered by Cullen's actions, and the hospitals that employed Cullen, including the Somerset Medical Center. Other hospitals that employed him are located in New Jersey and Pennsylvania.
In 2003, Charles Cullen was arrested for the murder of 29 patients in hospitals in New Jersey and Pennsylvania. Of these victims, 13 were at Somerset Medical Center. Cullen had stolen medications to murder these patients (Serial Killer Central, 2008). In 2008, an appeals court case was to decide whether the families of the victims have the right to sue the medical centers and hospitals that employed Cullen at the time of the murders.
Other outcomes were that hospitals were ordered to report serious medical mistakes both to patients and state regulators. In New Jersey and Pennsylvania, requirements were also tightened…
References
Buchanan & Buchanan Litigation Counsel (2011). Hospital Liability. Retrieved from: http://www.buchananfirm.com/malpractice-hospital-liability.htm
LSU Law Center (2011). Medical Risk management: Preventive Legal Strategies for Health Care Providers. Retrieved from: http://biotech.law.lsu.edu/books/aspen/Aspen-Employee.html
Serial Killer Central (2008, Jan 29). Appeals court will hear arguments for hospital liability in Cullen Case. Retrieved from: http://www.skcentral.com/news.php?readmore=2585
Silvers, Langsam & Weitzman, P.C. (2011). Hospital Malpractice and Liability. Retrieved from: http://www.birthinjuryinfo.org/Who-Is-Liable-for-My-Child-s-Injury/Hospital-Malpractice.shtml
Product liability is an area of law in which any organization that either makes products (manufacturers) or distributes to the public (makes available) may be held responsible for potential injuries that may be caused by those products. In the United States, claims for product liability are usually associated with some type of negligence, breach of warranty, or other consumer protection issues. However, the large majority of product liability laws vary considerably because they are determined from state to state. This, of course, makes it problematical to litigate across state boundaries, as well as ensure that manufacturing requirements are met more universally (Golden, 2000).
Case -- Jennings v. Baxter Healthcare Corporation. 331 Oregon 285.14.P.3d596 (2000)
In 1978, Plaintiff received silicone breast implants following a mastectomy. Both implants partially deflated: the first in 1980 (and was replaced), the second in 1992. In 1993, Plaintiff had the implants removed, and it was discovered…
WORKS CITED or CONSULTED
Baldwin, P., et.al., eds. (2009). Product Liability Case Digest, 2009-10. Frederick, MD:
Aspen Publishers., Page 323.
Golden, R.L. (2000). Product Liability Prevention: A Strategic Guide. Milwaukee, WI:
ASQ Quality Press.
Via stipulated agreement, a licensee who faces disciplinary action has the right to negotiate a settlement. uch a settlement is also subject to the Board vote, and may be approved or denied as a result. When disagreeing with the outcome of the disciplinary hearing, the licensee may also appeal to have the Board's decision overthrown. However, if the accused believes that the charges are valid, he or she may also voluntarily surrender the nursing license, and will no longer be allowed to practice in the state of California.
In cases where it is believed that an accused and convicted nurse will be able to rehabilitate, such an individual is entered into the Board's Diversion Program. This program is mainly focused upon nurses that are subject to problems such as chemical dependency and/or mental illness. These are seen as conditions that can be either remedied or managed in such a way…
Sources
Belak, Tony (2003). The Use of Mediation in the Patient Complaint Process. http://www.mediate.com/articles/belak3.cfm
Board of Registered Nursing. (2009). The Complaint Process. State of California. http://www.rn.ca.gov/enforcement/complaint.shtml
Board of Registered Nursing. (2009). What is the Diversion Program? State of California. http://www.rn.ca.gov/diversion/whatisdiv.shtml
Board of Registered Nursing (2009). What is the Enforcement Program? State of California. http://www.rn.ca.gov/enforcement/whatisenf.shtml
Employee Privacy
Avoid liability invasion privacy Essay Question: List discuss ways employers avoid liability invasion privacy. Essay 350 words length APA format. There -text citation essay.
List and discuss different ways employers can avoid liability for invasion of privacy
Employers often justify intrusions into employee privacy based upon safety concerns: concerns about jeopardizing the health of the public can be used to allow drug and alcohol tests. Even lifestyle habits may be restricted, based upon the additional healthcare costs they can incur employers. Weight restrictions may be allowed if maintaining a certain weight is a safety hazard at some jobs, which is why "49 states allow weight standards that do not violate the ADA" (Bennett-Alexander & Hartman 2009: 682). Dating employees or the employees of a competitor business and moonlighting at another organization (which could reveal trade secrets or result in employees working too many hours to be productive) may…
References
Bennett-Alexander, D.D., & Hartman, L.P. (2009). Employment law for business (6th ed.).
New York, NY: McGraw-Hill.
Goldberg, C. (2012). Can my employer's wellness program really ask me to do that? Common
Health: WBUR. Retrieved from:
(O'Reilly, 2003, p.2) But the company is not legally liable if it did all necessary testing, warning, and reasonable evaluation of safety, if for example, an unexpected result occurs through the use of the product.
O'Reilly finds the reasonable person standard troubling, as the reasonable 'average' consumer will not have specialized knowledge that a manufacturer should have about the product he or she is selling. He believes government agencies have too much responsibility to monitor product safety (O'Reilly, 2003, p.3) Also, there is little incentive for CEOs to acknowledge harm and incurr potential lawsuits.
ot only is there negative publicity for consumers, but for corporate investors as well, because of the financial losses that ensue after a recall. For example, the article cites a medical diagnostics company, which failed to satisfy FDA inspectors regarding the quality controls of its factory, recalled thirty products. The company's annual corporate report listed recall…
Not only is there negative publicity for consumers, but for corporate investors as well, because of the financial losses that ensue after a recall. For example, the article cites a medical diagnostics company, which failed to satisfy FDA inspectors regarding the quality controls of its factory, recalled thirty products. The company's annual corporate report listed recall costs of $181,000 and overall costs, including inventory write-off and impairment of assets, that totaled $12,752,000..(O'Reilly, 2003, p.1)
Managerial Perspective
Obviously, greater liability for failures to recall products should strike fear into the heart of management -- increasing legal costs, and even technical costs, as companies would be responsible for employing staff to conduct routine tests to discover if a product was in need of a recall on a regular basis because of a hidden design flaw, lest the company become liable. However, it is also noteworthy that product violations may cost the company even more revenue if recalls take place, and voluntary recalls can garner good publicity for the consumers, if not for investors. No business would wish the additional responsibility advocaed by the lawyer in the article, but the issue raised is an important one for businesses. It reminds companies must be vigilant about product safety above and beyond the minimun legal standard of compliance lest the law step in and regulate the issue further.
This can be seen with the consistent accidents and violations that have occurred at different mines that the company owns, the most notable being the Acroma Alma Mine. In this particular case, the company was cited and charged with violating federal law. Where, it would plead guilty to 10 different counts and pay a $4.2 million fine in 2008. This is troubling because it underscores how the top management at Massey Energy did not care about the issue of safety at any of their mines. If they did, then the company would have a procedure in place to address issues of mine safety, which would have meant that they never would have received the 515 violations at the Upper ig ranch Mine in 2009. Instead, the company decided to aggressively appeal the different citations that they would receive. This underscores the overall sense of arrogance and disregard for the law…
Bibliography
History of Mine Safety and Health Legislation. (2010). Retrieved May 5, 2010 from MSHA website:
http://www.msha.gov/mshainfo/mshainf2.htm
Obama Blames Owner for West Virginia Mine Disaster. (2010). Retrieved May 5, 2010 from Reuters website:
http://www.reuters.com/article/idUSTRE63E1ZG20100415
One side argues that, "The specific harm that occurred must have been reasonably foreseeable to the institution in order for a duty to arise" (585). The institutions argue that the student athlete assumes the risk of injury because when playing sports the risk of injury is not unusual. The general feeling that the courts have handed down seems to be that if an athletic is playing an organized sport, that represents the university or school then there is a chance that the said school could be held liable for student injuries, but only if there is evidence of intentional or reckless wrongdoing. When looking at those athlete that have been injured while playing intramural sports the courts have leaned towards the idea that those athletes are aware that there is a risk of injury when they decide to play and that they are thus assuming the risk for such injuries…
Tax Liability
A preview of capital structure issues
In regards to the overall business environment, capital structure has profound implications of the business, irrespective of its industry. For one, a firm's capital structure is then the composition or 'structure' of its liabilities. For example, a firm that sells $40 billion in equity and $160 billion in debt is said to be 20% equity-financed and 80% debt-financed. The firm's ratio of debt to total financing, 80% in this example is referred to as the firm's leverage. This leverage has implications on the entire firm. For example, leverage in many respects is a double edges sword. On one hand, leverage can amplify gains for firms. However, if used incorrectly, leverage can also amplify loses. As such, firms must be cognizant of its capital structure as complacency can hinder overall business performance. Debt and equity financing, can have a profound implications on the…
References:
1) Myers, Stewart C.; Majluf, Nicholas S. (1984). "Corporate financing and investment decisions when firms have information that investors do not have." Journal of Financial Economics 13 (2): 187 -- 221
2) Baker, Malcolm P; Wurgler, Jeffrey (2002). "Market Timing and Capital Structure." Journal of Finance 57 (1): 1 -- 32.
3) Lyandres, Evgeny and Zhdanov, Alexei, Investment Opportunities and Bankruptcy Prediction (February 2007) Available at SSRN: http://ssrn.com/abstract=946240
4) Timmer, Jan (2011). Understanding the Fed Model, Capital Structure, and then Some.
Non-Profit and for-Profit Ethical and Liability Issues
This paper examines the ethical and liability issues that non-profit corporations and for-profit businesses face, and compares them.
Non-Profit Corporations and For-Profit Business: Comparison of the Ethical and Liability Issues that are Faced by Both There have been a lot of scandals lately regarding large for-profit businesses. These scandals stem from both ethical and legal issues. Many of these scandals have resulted in lawsuits and even criminal proceedings against those who have been involved with them. The true extent of corporate liability is just beginning to be seen in our society. We are watching the large corporations of this country ever more closely now, in order to make sure that they are acting in an ethical manner. The corporations, for their part, are being extra careful in their actions and words, fully aware of the liability that they are under should anything they…
Accession no.:70437218).
WHEN MANAGED CARE FAILS TO CARE:[METRO Edition] (Jan 8, 2000).
Roanoke Times & World News p. A9 Roanoke Retrieved October 6, 2003, from ProQuest database. (Accession no.:47787202).
Vicarious Liability
Vicarious (Employer) Liability
The several different lawsuits that Cartman's employer Authorit-I is facing as a result of his actions, though some of these have more merit and pose greater risks than others. According to the principles of vicarious liability or employer liability, an employer can be held responsible for damages that occur as a result of their employees' actions during the course of their employment, though there are several significant limiting factors to this liability (LL 2011; Nolo 2011; BD 2011). The exact scope and definition of liability is not something that is entirely black and white in the law in many cases, and thus there are differing opinions regarding exactly when an employee's actions fall under the scope of an employer's liability (Nolo 2011; Gale 2008; Michaels 2011). By examining several varying opinions, it is possible to arrive at some conclusions regarding the judgments that should be…
References
BD. (2011). Employer's liability. Accessed 2 April 2011. http://www.businessdictionary.com/definition/employer-s-liability.html
Gale. (2008). Vicarious liability. Accessed 2 April 2011. http://legal-dictionary.thefreedictionary.com/Employer+liability
LL. (2011). Vicarious liability. Accessed 2 April 2011. http://www.lectlaw.com/def2/u035.htm
Micahels, A. (2011). Vicarious liability. Accessed 2 April 2011. http://law.jrank.org/pages/2255/Vicarious-Liability.html
Rachel and Choo Hospital
Choo Choo's Liability
The fact that Rachel was initially discharged from the emergency department following examination by a physician with nothing more than a prescription for pain medication when she was in fact suffering form a very serious blood infection could definitely leave Choo Hospital exposed to litigation. There are several key elements of this case, as briefly as it has been described, that lead to this potential exposure to liability and tortuous action. First, the emergency room physician is expected to provide a certain level of care in his diagnosis, and if it was reasonable to foresee a more serious underlying problem of the general pain the patient presented with, the physician (and by extension the hospital) could be liable for failing to make proper recommendations and determinations. Second, then, a determination must be made as to whether or not the blood infection that was…
... If gun manufacturers are responsible for violence, why not the makers of the steel used in the guns?" (Levy, 2004, p. 80)
The application of the principles of assumption of risk and product liability to incidents that are ever more removed from the ideal usage of the product or service eventually creates a situation in which all are liable for everything and everyone.
The notion of choice upon which assumption of risk original rests is lost if individuals are no longer free to exercise any discretion in the usage of products and services. Yet, in today's climate, businesses must be more aware than ever of the potential liabilities of the products they sell and the services they offer. The bungee jump operator, the auto manufacturer, or the operator of textile mill or coal mine, must be up front about any and all potential dangers involved in the use of…
References
http://www.questia.com/PM.qst?a=o&d=23362346
Clinard, M.B. (1990). Corporate Corruption The Abuse of Power. New York: Praeger Publishers.
A www.questia.com/PM.qst?a=o&d=100555317
Dewees, D., Duff, D., & Trebilcock, M. (1996). Exploring the Domain of Accident Law: Taking the Facts Seriously. New York: Oxford U.S..
Causation:
Irrespective of whether or not AC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of AC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005).
For example, had the apartment complex manager previously been sentenced for rape as a juvenile, even a thorough criminal background check performed by AC Apartments would have failed to disclose that information, through no fault of AC Apartments. A more interesting factual situation arises if AC failed to satisfy its duty of care owed to its tenants by neglecting to perform any pre-employment criminal background check of the manager but where the only relevant information available would have required…
Bibliography
Feliu, a., Johnson, W. (2002) Negligence in Employment Law. Washington, DC: BNF, Inc.
Friedman, L. (2005) a History of American Law. New York: Touchstone Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd ed. Cincinnati, OH: West Legal Studies
Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall
Book vs. economic value: Posting
Book value is what is paid for an asset; economic value is what can actually be obtained for the asset in actual, current market terms. A good example of an asset with relatively close book and economic value would be land. Although the real estate market goes through highs and lows, in general the value of land does not depreciate over the long-term like a piece of equipment. In contrast, the purchase of a piece of technology such as hardware or software as an asset demonstrates a wide discrepancy between book and economic value given that new computer systems are being developed all the time and technology very quickly becomes obsolete. Unlike land, no matter how well-maintained a piece of equipment might be, depreciation is an inevitable consequence of purchasing such an asset and the value of a piece of technology will literally go down…
Strict Liability & Securities Law
Congress defined security laws to include investment contracts, but "investment contract" is not itself defined in law (Condomimiums as Investment Contracts under the Security Laws, 2011). An Eleventh Circuit court decision indicated "The test for an investment contract is whether the contract is (1) an investment of money (2) in a common enterprise (3) made with expectation of profits to be derived solely from efforts of others" (Condomimiums as Investment Contracts under the Security Laws, 2011). ecause law is lacking in adequate definitions, it is completely possible for a business owner to operate a business without fully understanding the laws that govern the individual practices.
The Trust Indenture Act of 1939 applies to debt securities such as bonds, debentures, and notes offered for public sale (The Laws That Govern the Securities Industry). The Securities Acts of 1933 and 1934 govern the disclosure of financial information…
Bibliography
White Collar Crime. (2008). Retrieved from Encyclopedia.com: http://encyclopedia.com/topic/white-collar_crime.aspx
Condomimiums as Investment Contracts under the Security Laws. (2011). Loyala's Institute for Investor Protection Major Appelate Court Decisions, 1(12),October.
Securities Fraud. (n.d.). Retrieved from Legal Information Institute: http://www.law.cornell.edu/wex/securities_fraud
The Laws That Govern the Securities Industry. (n.d.). Retrieved from Security Exchange Commission: http://www.sec.govb/about/laws.shtml
Liability of a Negligence
Judy Taylor
From: Smith & Associates LLP
Seeking Legal Advice whether the school has a Potential Liability for a Negligence
DEFINING THE ISSUE
Under N.Y.S.3d 307, does Montauk High School has potential liability for a negligence of supervision of the school student? The issue is to investigate whether Montauk High School can be accused of negligence of the student wounded by the other student.
Short Answer
No, the Montauk High School has no potential liability for Andrew Miller, a 9th Grader because school has already suspended the student out the school, and the incident happens outside the school's premises.
Statement of Facts
On September, 2015, the Montauk High School received a letter from Andrew Miller parents threatening the school a lawsuit. The school wants an advise in order to decide whether the school needs to offer a quick settlement to avoid a legal battle with the…
Reference
Law Office Memo. (2015). Smith & Associate LLP.
Arnold, C.W. (2015). Fundamental of Law Practice: Writing, Analysis, Research and Skills. Law Office Memo.
Product Liability: Warranties and Torts
Facts: Maria Gonzalez rented an apartment from Maria Garcia. Garcia installed a Morflo water heater, which was kept in an area inaccessible by tenants. The water heater and its manual contained extensive warnings indicating that burns could occur if the water was above 120 degrees. Gonzalez's 15-month-old child Angel was scalded while being bathed by his 15-year-old brother, in a manner contra-indicated by the warnings on the heater and in the manual. Angel and his mother brought suit against Morflo and its distributor, alleging defects in the design of the water heater and the failure to warn.
Should they recover?
Reasoning: A party cannot recover from a manufacturer when a product has been used in a non-conforming manner. A manufacturer meets its duty to warn by placing warnings on the product and in the manual provided for its use.
Answer: Yes.
Facts: Avery purchased a…
Countertrading then is gaining in sophistication throughout developing nations' economies and becoming the foundation for procurement needs. The disadvantages of countertrading include the assigning of liability for the product on resale, interference between the countertrade contract and sales contract, in addition to currency fluctuation risks and pricing risks (Angelidis, Ibrahim, 2001). There are also the risks of non-performance the actual countertrade and the potential for fraud if these transactions are completed from long distances with relatively unknown trading partners.
eferences
Angelidis, J., Ibrahim, N (2001) Countertrading between United States and Western European firms: An empirical analysis of the benefits and pitfalls. International Journal of Management, 18(2), 252-259. etrieved February 5, 2008, from ABI/INFOM Global database. (Document ID: 76660806).
Kim, J., Choi, C., Millar, C., Hilton, B., Cheng, P (2006). Global sourcing partnerships and emerging MNC markets: a conceptual framework. International Journal of Services Technology and…
References
Angelidis, J., Ibrahim, N (2001) Countertrading between United States and Western European firms: An empirical analysis of the benefits and pitfalls. International Journal of Management, 18(2), 252-259. Retrieved February 5, 2008, from ABI/INFORM Global database. (Document ID: 76660806).
Kim, J., Choi, C., Millar, C., Hilton, B., Cheng, P (2006). Global sourcing partnerships and emerging MNC markets: a conceptual framework. International Journal of Services Technology and Management, 7(5/6), 463. Retrieved February 5, 2008, from ABI/INFORM Global database. (Document ID: 1169443071).
NewCorp
Legal Encounter
What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights?
NewCorp is liable to follow the guidelines of the handbook outlining how to deal with unsatisfactory employees, but they also have the right to dismiss an employee at will. Pat on the other hand, has the right to be informed about the indication of the problem and put through a corrective plan to improve his shortcomings before dismissal. Nevertheless, this is a case of implied contract where there is lack of clause clarifying that the policy is not intended to include employment affiliations (Cheeseman, 2010). The employment-at-will doctrine allows the employer to dismiss employ at will; however, in this case NewCorp violated their own guidelines showing poor ethics in the decision to terminate Pat's employment.
Wrongful discharge is supported by the…
References
Cheeseman, H.R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues . PrenticeHall.
Cheeseman, H.R. (2010). EMPLOYMENT, WORKERPROTECTION, AND IMMIGRATION LAWS. In Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, Seventh Edition (pp. 486-510). Retrieved from University of Phoenix
Grossman, J. (2003, January 28). IF employers don't provide insurance covering fertility, are they guilty of sex discrimination? A federal appeals court says no. Retrieved January 26, 2009 from http://writ.news.findlaw.com/grossman/20030128.html
Jennings, M.M. (2006). Business: Its legal, ethical, and global environment. Mason, OH: Thomson.
TWS Liability
Ms. Jones slipping on a banana peel on her way into the Wonderful Supermarket is unfortunate. While there are factors that make TWS look negligent, this case is far from simple in that Ms. Jones at least partially contributed to her own injury and the fact she suffered very similar injuries just six months prior complicates what can be attributed to TWS and what is attributable to the prior accident.
Problems for Ms. Jones
There are a couple of facts and circumstances that do not help Ms. Jones' case against TWS. First, the fact that she is near-sighted and that she took her glasses off after she parked her car but before she made entry into the supermarket raises the idea that she would have clearly seen the banana peel had she had her glasses on. Another factor that does not help Ms. Jones is that she suffered…
References
Car accident defenses: Contributory and comparative negligence. (2012). Retrieved from http://www.nolo.com/legal-encyclopedia/car-accident-defenses-contributory-comparative-30148.html
In pari delicto legal definition. (2011). Retrieved from http://legal-dictionary.thefreedictionary.com/In
pari delicto
Unclean hands legal definition. (2011). Retrieved from http://legal-