Share
Explore BrainMass

Business Law

1.What are the elements of a negligence cause of action? "The elements of a cause of action for negligence are 1) legal duty to use due care; 2) a breach of that duty, 3) a reasonably close casual connection between that breach and the plaintiff's resulting injury, and actual lost or damage to the plaintiff." (Mathews and Lancaster, 1981). 2.Describe each one and give an example. Due Care is classified as an individual or business owners responsibility to foresee potential danger and acts in accordance with all practicality, laws, regulations etc. to prevent injury to innocent bystanders and/or patrons. Example: A restaurant owner instructs an employee to mop the floor (note: if floors are wet and a patron slips and falls the organization would be liable for all damages if the patron was unaware that the floor was wet), due care is exercised when the owner/manager insists that the worker puts cones around the mopped area that states that the floor is wet to inform patrons to use caution when walking in or around the mopped area. Breach of Duty-Duty is considered breached if the individual knowingly exposes one to be harmed knowing the consequences. "A defendant who did not realize he was exposing another to harm, but should have recognized the probability that any reasonable person would have recognized has breached his duty as well." (Shestokas, 2009). Example: A medical facility that does not take the necessary precautions to ensure the patient's safety. For instance, the Endoscopic center in Nevada came under scrutiny for nurses and MA's (medical assistants) reusing disposable needles on patients which resulted in infecting patients with Hepatitis C. The organization knows that reusing needles on a plethora of patients is wrong and hazardous therefore they neglected their obligations as healthcare professionals and have since then closed their practice.

1.What are the elements of a negligence cause of action? "The elements of a cause of action for negligence are 1) legal duty to use due care; 2) a breach of that duty, 3) a reasonably close casual connection between that breach and the plaintiff's resulting injury, and actual lost or damage to the plaintiff." (Mathews and L

Business Law Case 1

Facts: A well-known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications which they sell over-the-counter have been determined to be tainted with small particles of plastic explosive. It has not yet been determined where the plastic explosives came from, but over $8 million in

Elements to Prove Defenses

TCOs F & G. Laura Etheridge and Rita O'Donnell, the CEO and Creative Director of Clean Clothes (a Texas based lesbian women's clothing line) brainstormed together and came up with a tagline for their new slacks line: "Masculine Attitude, Feminine Fit." They market the product on YouTube, Twitter, and Face Book showcasing th

Burden of proof in a criminal case, civil case, Higher standards

1. What is the burden of proof in a criminal case? What is the burden of proof in a civil case? Which is the higher standard? Why? 2."The duty of care unfairly burdens business owners." Start by defining duty of care. Then debate this statement using appropriate examples. 3. Ruth carelessly parks her car on a steep h

The elements of a negligent tort

Tort relates to civil wrongs that do not originate from contracts. One of the types of torts is those that emerge from negligence. Negligence is a tort in which the plaintiff seeks monetary damages. In case of negligence, the plaintiff needs to indicate that all the elements of negligence tort are present otherwise he loses the

HR: How to Minimize Occurrence of Unsafe Acts

4. If you were the HR/safety manager in your organization how would you go about minimizing the occurrence of unsafe acts on the part of employees? 5. What are some future trends and challenges for human resource (HR) management? What can HR do to support the organization's strategies for growth and quality? How can techn

Standardized,power and politics

2. What issues involving power and politics are involved in moving from a setting that encouraged faculty empowerment to one that required much more standardization of instruction? How would you deal with those issues if you were involved in university administration? Besides a poor fit between course design and the instructo

Business Law

Will E. Chancit, a 36-year-old attorney, was killed when his Ford Fairlane collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and 70 mph. What happened was this: a city of Los Angeles construction crew had placed a "left lane closed ahead" sign with a "60 mph" speed lim

Tax Law:

Define the objectives of modern income tax statutes. (at least 3) Compare and contrast GAAP and tax accounting. Explain why they are different. (at least 3) Differentiate between tax avoidance and tax evasion. Research your readings, the Internet, and other resources to support your argument. about 400 words, three ref

Business Law Issues: Three practice problems with responses

1. To what extent should "Speech" over the Internet be regulated? Should the Internet be treated like television, or should different standards apply? Or is the Internet more like print media such as books or newspapers? How does Business 'speech' differ from an individuals 'speech'? Give reasons for your positions. 2.Bo

describe the major concepts behind worker compensation laws

Analyze and describe the major concepts behind worker compensation laws, and how they work in the fire service environment. Explain the reasons for the Occupational Safety and Health Act (OSHA) of 1970. Define the organizational structure and authority of OSHA, and discuss how they relate to fire service safety programs. Resp

Case questions: Michael A. Smyth v. The Pillsbury Company

Please read the case and respond to the three questions at the bottom. Michael A. Smyth v. The Pillsbury Company Michael Smyth worked for the Pillsbury Company. Pillsbury installed an electronic mail (e-mail) system in order to "promote internal communications between its employees." Pillsbury told its employees that e-m

Managers know how to improve performance

Paradoxes and Leadership Roles: Assessing and Developing Managerial Competence Alan T. Belasen, Ph.D. The importance of managing paradoxes increases with the complexity of organizational environments. Organizational environments are more dynamic and uncertain due to increased globalization, shorter product cycle time, intense

Support truths taught to children: Constitutional right

The things on the following list are wrong but have been taught as truths to children in schools and have been announced as true by politicians and the media who want to manipulate you and control your life and pull your strings as if you are a puppet. Your assignment is to find one or more of the things on the list that you

United States versus Professional Air Traffic Controllers

Please read the case and answer the 3 case questions. United States v. Professional Air Traffic Controllers Organization 653 F.2d 1134 (7th Cir. 1981) State and federal employees have not always honored the prohibition on striking. While many ignored the prohibition, probably the most famous example occurred when the fede

International Covenant on Civil and Political Rights

The United States declared that the provisions of articles 1 through 27 of the International Covenant on Civil and Political Rights are not self executing. Please discuss and expand with cases and examples. What does this declaration mean? And is it valid under International Law? Please support with cases and logical argumen

How does policy-oriented jurisprudence define law?

How does policy-oriented jurisprudence define law? In what articles of the 1948 Universal Declaration of human rights are the eight values of a world order of human dignity reflected? Expand on those articles, and support answer with certain cases in that regard. What are the major innovations of the 2007 UN declaration on

What is BFOQ? Matthew's shoe buyer promotes discrimination? Title VII protection

1. What is a BFOQ? Describe the circumstances under which gender, age, or religion could be a BFOQ. What are some examples of a questionable BFOQ? 2. Matthews, a prolific shoe buyer, refuses to be waited upon by male shoe store clerks. The owner of Shoes R Us, therefore informs all of his male clerks that they may not wait o

Best evaluative approach for the employment selection process

Consider the best evaluative approach to be used for the employment selection process. Consider interviewing techniques, tests and other selection processes and techniques that can be used to determine the best candidate. Identify how to develop the selection criteria and then how to ensure that the candidate meets the standard