Recognizing and Minimizing Tort and Regulatory Risk
There is an imminent necessity for organizations to recognize and prevent torts. In the following essay we will find the analysis of a simulation for a company called Alumina, indicating the legal matters and risks they are taking. Also we will discuss a preventive plan for a company in Puerto Rico and how the Puerto Rican government treats torts and regulations.
The simulation of Alumina, is very interesting. This fictitious company is accused of contaminating water with carcinogens. and consequently a girl who consumed the water was diagnosed with leukemia. The mother blames the company and is stating this to the news.
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People have a right to privacy. Also approaching her to try to negotiate would be admitting we have not been following regulation and would only fix the problem temporarily. Lloyd presents the most viable option giving the circumstances, conduct a private study and submit results to the EPA.
A legal issue relevant in the Alumina simulation is negligence. Apparent negligence from the company, they may have incurred in a breach of duty. They owed a duty of care, meeting the standards of disposal set by EPA. If the company conducts the study and proves that they have been following the appropriate procedures set by EPA. The company could use slander of title if they suspect the person was doing this maliciously to hurt the company’s reputation. Because the defendant would have made an untrue statement about the plaintiffs business reputation; published that untrue statement to a third party; knew the statement was not true; and made the statement with a malicious intent.
Private investigation of Bates is a liability because it is invasion of privacy. The law recognizes people’s right to live his life without experiencing undesired publicity. A violation of this right constitutes the tort of invasion of the right to privacy.
The previous example is more applied to American law. I will present a plan for a company in Puerto Rico to prevent or reduce torts, regarding PR laws, and stipulations. Also I will discuss different aspects of Puerto Rico law that differentiate from the other states.
It is important to understand the background of Puerto Rico to comprehend how its law has evolved. “Puerto Rico law has been influenced by two parties Spain “civil law” and the U.S. “common law”” (Guzman, 2004). There are several important concepts, factors, and legal issues of interest to any organization residing in Puerto Rico to know.
People receive compensation for damages. Determining how much compensation for damages is the issue at hand. How much is it worth to compensate a family or a person who has been wronged. According to Lectric Law Library (2011) “The purpose of punitive damages is to punish and deter a wrong doer and others of committing similar acts.” “Punitive damages only are possible in Puerto Rico when the law specifically authorizes it; punitive damages in North American law constitute an ordinary mechanism...