This website uses cookies to ensure you have the best experience. Learn more

Tort And Liability Essay

300 words - 2 pages

Environmental Regulation is perhaps the most stringent area of government’s regulation in business. The government imposes great technology investment demands on the industry for regulatory compliance. One single act of irresponsibility can cost businesses greatly or be forced to close (Business Regulation Simulation, 2009). It is important to identify, manage, and correct torts and regulatory risks for Alumina, Inc. so legal issues do not arise in the future.

Alumina, ...view middle of the document...

The US accounts for seventy percent of its sales. Their business interests are in: automotive components, manufacturer of packaging materials, and aluminum smelting. Alumina falls under jurisdiction of Region 6 of the EPA. A tort is the French word for a “wrong.” The law provides remedies to persons and businesses that are injured by the tortuous actions of others (Cheesman, 2010).

Kelly Bates claims Alumina did not comply with the Environmental Protection Agency (EPA) legal limit of producing PHA. The drinking water in Lake Dira was found to be unsafe, which caused leukemia in her 10 year old daughter. The plaintiff has filed a million dollar personal injury lawsuit against Alumina to recover punitive damages (Business Regulation Simulation, 2009).

Two of the possible tort violations in this simulation are negligence and liability. The potential for negligence in this case must be proven to contain breach of duty and duty of care. The liability tort must prove failure to protect and failure to warn.

Alumina, Inc. has a clean record in compliance issues except the violation that took place five years ago resulting in punitive damages. Because of their previous track record they are in a good position to defend themselves. The plaintiff has to compile evidence displaying Alumina,...

Other Papers Like Tort And Liability

Tort Law Essay

986 words - 4 pages MATERIALS WEEK 1 The dotted line between ‘fault liability’ and ‘strict liability’: four ideal types of liability in tort law 1. Are the notions of fault and strict liability misleading? • two notions should be considered as they will be applied all along the four types of liability: - fault (as in fault liability) ( liability for one’s own faults. - risk (or strict liability) ( accountability, based on criteria other than

The Law Of Tort Definitions And In-Depth Analysis

304 words - 2 pages liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts. Tort law is state law created through judges (common law) and by legislatures (statutory law). Many judges and states utilize the Restatement of Torts (2nd) as an influential guide. The Restatement is a publication prepared by the American Law Institute whose aim is to present an orderly statement of the general law of the United States.

State or Federal Tort Claims Act of 1946 Paper

1507 words - 7 pages criminal or sovereign immunity removal due to his or her negligent behavior. The policymakers will have immunity from civil liability. This means the policy that a policymaker creates and enacts, because harm to a citizen will not waive the immunity of the policy maker. A policy maker will not be liable for the harm that comes to a citizen through the policy. The Discretionary Activity Exception within the Texas Tort Claims Act will regulate

Compensation Culture and Tort Reform

2516 words - 11 pages inevitably refers to restrictions on the scope of liability in tort, which is not yet true in the UK. Nonetheless, the UK Government is committed to finding ways of tackling fraudulent and exaggerated whiplash claims, whilst ensuring that people who have suffered a genuine neck injury should continue to be able to get appropriate compensation. The Government has consulted on whether a system of independent medical panels, which would assess

Medical Malpractice

528 words - 3 pages National estimates of medical liability system costs—including settlements, legal and administrative costs and defensive medicine—range from $55.6 billion annually to $200 billion annually (NCSL, 2011). Medical malpractice reform, also known as tort reform, includes strategies to limit medical malpractice costs, deter medical errors, and ensure that patients who are injured by medical negligence are fairly compensated. Tort reform has the

Business Torts Issue Spotter Essay

1274 words - 6 pages MedK and had been encouraging Darrell to slowly phase out the volume of referrals to Emmy’s company and transfer them to Rita’s new company. Darrell said that he would pay Emmy what she was owned, but would not honor the contract in full. Therefore, MedK is likely liable for Contractual Interference/Tortious Interference with Contractual Relations. Emmy V. Rita Rita faces potential liability for the tort of Contractual Interference/Tortious

Law - Negligence

672 words - 3 pages . Zastowny is requesting compensation for all of the income that he has lost during the past 15 years spent in jail. He is also requesting compensation for the future since his personality problems continue to exist and he will most likely have difficulty maintaining a job. The defendants, the prison guard and the province are being accused of sexual assault and have accepted liability. The prison guard committed the tort of negligence and is

Intentional Tort Essay

1223 words - 5 pages the property of an innocent party. Farmer may argue that Pilot had several options and his selection of Farmer’s field to crash land constitutes an intentional act. However, Pilot can rely on the emergency doctrine to avoid liability of an intentional tort. Moreover, Pilot’s action, even if construed as intentional, can be argued to have been made in the interests of public and personal safety and thus be used to avoid punitive damages

Managing Tort Liabilities

1440 words - 6 pages Any business small or large will face regulatory risk such as tort liability and will have to learn how to manage those risks through preventive, detective, and corrective measures. After conducting the business regulation simulation, Shelina Virani is required to create a plan for a company like Alumina, which identifies common torts and other regulatory risk. In the first part of the plan will be discussed about the lawsuit that Alumina

Erm Paper

1629 words - 7 pages A tort is a civil violation that causes injury or harm to a party, which tort law seeks to provide relief for those damages (Tort Law Overview, 2010). There are several main categories of tort law that are “intentional torts, negligent torts, and strict product liability torts” (Tort Law Overview, 2010, para. 4). We will use the above-mentioned categories to discuss the tortious acts caused by Nonlinear Pro against Quick Takes Video. We will

Recognizing and Minimizing Tort and Regulatory Risk Plan

628 words - 3 pages injury lawsuit against Alumina to recover punitive damages (Business Regulation Simulation, 2009). Two of the possible tort violations in this simulation are negligence and liability. The potential for negligence in this case must be proven to contain breach of duty and duty of care. The liability tort must prove failure to protect and failure to warn. Alumina, Inc. has a clean record in compliance issues except the violation that took

Related Essays

Is The Move Away From Contract And Towards Tort In Product Liability Cases Desirable?

1875 words - 8 pages Is the move away from contract and towards tort in product liability cases desirable? Introduction The approach taken with product liability cases has shifted over time. The Sale of Goods Act (1893) was an act put in place to state the terms and conditions of the contracts for the buying and selling particular goods. This act was later reformed in 1979, which fundamentally followed the same rules; the buying and selling of good were

Tort Liability Essay

1157 words - 5 pages . Environmental protection is a broad, expanding, and encompassing area of tort liability which has significant impact on the way in which Alumina functions. Environmental protection is regulated by the federal government under the auspices of the Environmental Protection Agency (“EPA”) (epa.gov, 2010). In that regard, the administration oversees the regulation of environmental standards, including enforcement. EPA standards are readily

Aspects Of Contract And Negligence For Business

527 words - 3 pages INTRODUCTION In reality, negligence simply means carelessness to do something unintentionally to cause damages to others says, negligent driving, mistakenly manufacturing left decomposed snail in beer, insufficiently unrestrained dogs causing injuries. Normally, the tortfeasors in negligence are sought for compensations rather than imprisonment. This study focuses on figuring out the harmonies and dissimilarities of liability in tort and

Risk And Tort Management Essay

1515 words - 7 pages RUNNING HEAD: TORT AND REGULATORY RISK Recognizing and Minimizing Tort and Regulatory Risks Paper LAW 531/Business Law 02/22/2010 Introduction In today’s business environment organizations have to deal with regulatory risks and tort liability on a daily basis. Organizations that do not comply with the state and federal regulations expose themselves to fines, tort liability and criminal penalties. The cost of failure to comply is not