...Introduction The most basic definition of tort law is a “civil wrong which can be redressed by awarding damages” (Cornell University, 2010). Through the following paper, this basis definition will be used to decide whether two cases, Haimes v. Temple University Hospital and Vandevender v. Sheetz, Inc. were frivolous and whether the outcomes were appropriate. Throughout this paper, eight questions will be applied to determine the merit of the two lawsuits. The eight questions are as follows: 1. What are the facts? 2. What are the issues? 3. What laws apply? 4. What did the judge and jury decide? 5. Did the judge and jury make the appropriate decision based on the applicable laws controlling the case? 6. What are the ethical issues in the cases? Do the ethical issues differ from the legal issues? 7. Based on the research could either one or both of these cases be considered frivolous? 8. How could the business owners have prevented the lawsuits? What advice can you give them for the future? Furthermore, by apply the eight questions above I will attempt to determine whether the two lawsuits were perfect examples of the issues facing the United States legal system and whether they characterize the ability to people to bring frivolous claims to light or whether they two lawsuits were unfairly made poster children for excessive rewards without full understanding of the facts of the case. What are the facts? Vandevender The facts presented in the Vandevender...
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...Briana Lyles Torts and Product Liability 11/22/2011 University of Maryland – University College AMBA 610 – Section 9040 Dr. Kathleen Locklear Introduction This paper will discuss two types of law and how they apply to two separate lawsuits. According to The Legal Environment of Business: A Critical Approach by Kubasek, Brennan, and Browne, Tort law is defined as “an injury to another’s person or property.” Tort Law has many goals that are in place to assist injured person through monetary compensation and even mental compensation. Additional goals of Tort Law are to discourage private retaliation, promote civility, and deter wrongful actions (Kubasek et al., 2009). Tort Law also tries to ensure that the plaintiff receives compensation for damages. Another type of law explained in The Legal Environment of Business: A Critical Approach is Product and Service Liability Law, which was evolved from Tort Law. Manufacturers of products and givers of service owe a level of responsibility to the consumers of their product or service. The liability laws hold manufacturers accountable if the consumers are somehow unable to use their product without it causing harm to them. The cases discussed in this paper involve Tort Law violations as well as Product and Service Liability law violations on the part of the defendant in both cases. The Facts A CAT scan was performed on Judith Haimes by Dr. Judith Hart, a physician who works at Temple University. Before the CAT scan was performed...
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...excess revenue. Riordan Manufacturing is headquartered out of San Jose, California, and supplies plastics to market verticals such as automotive, aircraft, and the government. Riordan Manufacturing prides themselves on the focus of using polymer materials for customer needs and building long-term relationships with each client. Since the start of the organization in 1991, growth has been a definition of Riordan Manufacturing. Growth is a necessity to any organization, but with growth provides risks that should be assessed. The following discussion, will analyze potential areas of risk within Riordan Manufacturing. The potential risks that will be analyzed include contract, tangible and intellectual property risk, employee risk, along with tort and regulatory risk. Each of the identified potential risk areas could inhibit the ability for Riordan Manufacturing to continue growth and potentially include major decrease in business success. In addition to the potential risk areas, compliance is another factor that needs to be ensured. Sarbanes-Oxley has specific requirements that will require Riordan Manufacturing to meet for continued growth and success, but the assistance of principles from the Committee of Sponsoring Organization of the Treadway Commission will assist Riordan Manufacturing in meeting compliance. (Riordan Manufacturing, 2006) The first assessed risk area will include the intellectual and tangible property areas of Riordan Manufacturing. An area that has been identified...
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...A federal agency such as (SEC) U.S. Securities and Exchange Commission is responsible for making sure they are enforcing the federal securities set forth. In order for this agency to be active in enforcing these laws Congress allows the agency to bring Civil enforcement actions against anyone whether a company or individual who has committed accounting fraud. By providing false information or any other violations of the securities law SEC makes it a requirement that people or companies submit quarterly and annually reports. These reports shows the SEC what your companies plan is for now and the future in regards to goals or any special projects you have in mind. Reports given to the SEC are posted where the public has access to all the information. There is always someone watching out for fraud from companies and as soon as the wrong information is given or the company is caught committing fraud, basically the SEC is notified and an investigation is done at that time. Please note there are five divisions with the SEC, Corporation Finance, Trading and Markets, Investment Management, Enforcement and Risk, Strategy, and Financial Innovation so SEC is always working hard to make sure laws are not broken. The SEC stated that the securities firm’s former officials, acting as agent for the bank engaged in rigging bids for guaranteed investment for contracts during the time of 1997-2005 in connection with $14.3 billion of muni bonds. There are certain elements for contracts...
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...Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control Theory in 1958, proposed that there are four types of social control: Internal, Indirect, Control with Needs Satisfaction and Direct. Social Control Theory proposes that people's relationships, commitments, values, norms, and moral beliefs encourage them not to break the law. Thus, if moral codes are internalized and individuals are tied into, (their) community, they will voluntarily limit their propensity to commit deviant acts. [ (Nuy, 1958) ] Law is needed for when comfort, morals and disapproval fail to prevent undesirable acts against people in a society. In our country’s system, we have two main types of classifications for justice, civil law and criminal law. Criminal law, under public law, covers laws and regulations that aim to protect all members of the society. Its emphasis is on punishment. Criminal offenders are prosecuted by government officials, who must provide “the burden of proof” to prove the guilt of the defendant beyond a reasonable, doubt, usually a district...
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...DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively, if you’re a fan of social theorists such as Jean-Jacques Rousseau, you may argue that we’re also bound by ‘the social contract’, but we digress. Getting back to our original point, the law of contracts plays an enormous role in many of our interactions and for the most part, there may be no real concern in regards to the performance of a contract and an agreement will be completed accordingly. However, this does not mean that issues won’t arise within a contractual relationship, and there may be circumstances where you may need to discharge a contractwhich can be done by either one, or all of the parties to the agreement, and can be discharged by either: * BY PERFORMANCE * BY MUTUAL AGREEMENT * BY SUPERVENING IMPOSSIBILITY * BY OPERATION OF LAW * BY LAPSE OF TIME * BY LAPSE OF TIME BY PERFORMANCE Before exploring the general ways in which a contract can be discharged, the most obvious way in which acontract will come to an end, is when all parties fulfil their contractual obligations and the contract has been discharged via performance. Easy. Exceptions to performance Some people may be of the belief...
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...CARRIERS’ Responsibilities to the Disabled—The Ninth Circuit Establishes Criteria for Federal Preemption Under the ACAA to Give Discrimination Victim Her Day in Court Kelsey M. Taylor I. Introduction In Gilstrap v. United Air Lines, Inc., the Ninth Circuit saved a discrimination victim’s suit from dismissal when it held that state-law tort claims against an air carrier were not preempted by federal law. The panel did agree with the lower court that an airline terminal is not a “place of public accommodation” governed by the Americans with Disabilities Act (ADA). Nevertheless, the court concluded that the plaintiff could sustain her action against the airline under state law for injuries she allegedly received due to the carrier’s violations of the Airline Carrier Access Act (ACAA)—despite the fact that the ACAA itself does not provide for a private right of action. II. Background: ADA v. ACAA In 1990, Congress enacted the ADA “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Title III of the ADA specifically prohibits discrimination in “public accommodations,” i.e., publicly accessible yet privately owned businesses. Examples of these “public accommodations” include “terminal[s], depot[s], or other station[s] used for specified public transportation.” Notably, however, transportation by aircraft is expressly excluded from the definition of “public transportation,” and therefore...
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...Understanding Work Related Injuries Workers compensation was developed in the early 1900’s to provide employees who have been injured on the job with compensation for their injuries, and it protects employers from liability for employee’s injuries. The benefit of workers compensation really goes both ways, it not only provides a protection for the employer from lawsuits, but also provides the employee a sort of financial safety net so if they are injured on the job and cannot work they will have a means for supporting their family. If you do find yourself in this situation it helps to know who is responsible for what. If certain steps are not followed you can bet that your claim will be denied. In regards to HIPAA Privacy Rule, workers’ compensation claim information is not subject to the same confidentiality rules as with other medical records. The HIPAA privacy rule permits disclosure of Protected Health Information (PHI) for workers compensation purposes without the patient’s authorization. There is also no restriction on disclosure of any judicial or administrative proceedings in response to a court order, subpoena, or similar process. The information that is provided is what is necessary to file the claim. Individuals may not request a physician to restrict a disclosure of PHI for workers compensation purposes, however, the physician is restricted from disclosure of information about any previous conditions that are not directly related to the claim without...
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...ISSUES I. Under Massachusetts’ privacy statue, did Chad Thanton disclose private information about Marsha Kensington that was unreasonable and substantial or serious, when Thanton posted three personal pictures of Kensington, which she had never made public? II. Under Massachusetts’ defamation law, did Chad Thanton publish false information about Marsha Kensington to a third-party that could damage her reputation in the community, when Thanton made statements regarding how Kensington makes her grades, she is second in her class, and is unable to get a job offer regardless of her credentials? BRIEF ANSWERS I. Yes. Kensington will be able to prove that her privacy was invaded because there were pictures posted of her by Thanton that was unreasonable and substantial or serious. The pictures of Kensington posted by Thanton had no intervening legitimate interest that would make the postings reasonable. Also the interference was substantial or serious because the interference was frequent, with the pictures being posted on AutoAdmit.com and her expectation of privacy was heightened because posted the pictures under privacy settings. II. Probably. Kensington will probably be able to prove that she was defamed because there were false statements published by Thanton to a third-party about her that could damage her reputation in the community. The comments posted on AutoAdmit.com by Thanton could damage Kensington’s reputation in the legal community because she is unable to get...
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...Chapter 21 Warranties and Product Liability • Warranty, which is an assurance provided in a sales contract • Negligence, which refers to unreasonable conduct by the defendant • Strict liability, which prohibits defective products whether the defendant acted reasonably or not. A warranty is a contractual assurance that goods will meet certain standards. An express warranty is one that the seller creates with his words or actions. The UCC establishes that the seller may create an express warranty in three ways: (1) with an affirmation of fact or a promise; (2) with a description of the goods; or (3) with a sample or model. In addition, the buyer must demonstrate that what the seller said or did was the basis of the bargain. A statement is more likely to be an affirmation of fact if: • It is specific and can be proven true or false. Suppose the brochures of a home builder promise to meet “the strictest building codes.” Since there is a code on file, the builder's work can be compared to it, and his promise is binding. • It is written. An oral promise can create an express warranty. But promises in brochures are more likely to be taken seriously. Statements in a written contract are the likeliest of all to create a binding warranty. • Defects are not obvious. If a used car salesman tells you that a car is rust free, when the driver's door is pockmarked with rust, you should not take the statement seriously— since a court will not, either. • Seller has greater expertise...
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...Business Law CIRCLE THE LETTER IN FRONT OF THE BEST ANSWER 1. John files a lawsuit against Mary for damages arising out of a breach of contract. This case is a(n): a. equitable action b. criminal proceeding c. civil lawsuit d. public law case 2. The highest source of law in the United States is: a. an executive order of the president b. an interstate compact c. the Unites States Constitution d. a state constitution 3. The ____________ is composed of a distinguished group of lawyers, judges and law teachers who have assumed the task of preparing “an orderly restatement of the general common law of the United States.” a. New York City Bar b. American Law Institute c. U.S. Supreme Court d. National Reporter System 4. Which of the following is NOT considered to be an equitable remedy? a. specific performance b. injunction c. reformation d. money damages 5. The person who files or commences a civil suit is the: a. plaintiff b. defendant c. prosecuting attorney d. attorney general 6. Larry is called for jury duty and is selected for possible service on a jury. However, when he is questioned by the defendant’s attorney during voir dire, he admits that he thinks the defendant is guilty based on news reports that he saw on the local television news. The defendant asks the judge to excuse Larry from serving on the jury and the judge agrees. a. This is a valid challenge...
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...Standard Federal Tax Reporter (2007), .04, Compensation for Injuries or Sickness: Damages for Physical Personal Injuries or Sickness: Damages for physical personal injuries or sickness Click to open document in a browser The amount of any damages received on account of physical personal injuries or sickness are excludable from gross income (Code Sec. 104(a)(2)). The word "damages" includes not only amounts awarded by a court in a lawsuit; it also includes amounts received as the result of an agreement in settlement of a suit (Code Sec. 104(a)(2)). This exclusion is subject to the exception for previously reimbursed medical expenses (¶6662.021). The exclusion is not available in the case of damages awarded to a corporation, because a corporation cannot sustain "personal" injuries (P & X Markets, Inc., 106 TC 441, Dec. 51,400. Aff'd, CA-9 (unpublished opinion), 98-2 USTC ¶50,613; ¶6662.523). Damages received on account of a nonphysical injury (e.g., age discrimination and injury to reputation) are generally not excludable from gross income (P.L. 104-188). Prior to this amendment by P.L. 104-188, the courts had reached differing results in determining whether the exclusion applied to nonphysical injuries (see ¶6662.041). This restriction on the exclusion from income of nonphysical damages is generally effective for amounts received after August 20, 1996, but does not apply to amounts received under any written binding agreement, court decree, or mediation award in effect on, or...
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... Business contract shall be defined within the context of law of contract and business law . The former is narrower and the later is wider but all its components are subject to the essential elements of contract. Business law which is also known as mercantile law refers to laws governing and regulating trade , industry and agriculture . It includes laws relating to Contracts , Sale of Goods , Partnership , Companies , Negotiable Instruments , Insolvency , Carriage of Goods , Arbitration..etc. The difference between the law of Tort and the law of Contract is based on obligations and liabilities . In tort the obligations are imposed by law while in contract the obligation of the parties are created by their own free will and mutual consent. Key questions : 1.What are the essential elements of a valid contract in a business context ? Offer and acceptance , intention to create legal relations, consideration ,privity of contract . Types of contract: - face to face; written ; distance...
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...EMR Paper LAW/531 October 3, 2011 Rachel Compton Tort Violation Upon reviewing the simulation it is evident Kelly Bates and The Erehwon Reporter were negligent in the publishing of the article claiming Alumina incorporated repeatedly contaminated the waters of Lake Dira. According to Cheeseman (2010), “under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions” (p. 80). For instance, when Kelly Bates and The Erehwon Reporter decided to publish the article disparaging the name of Alumina Incorporated they became legally responsible for litigation that resulted from the article getting published. Kelly Bates and The Erehwon Reporter were especially liable for disparagement or trade libel. According to Cheeseman, “business firms rely on their reputation and the quality of their products and services to attract and keep customers. That is why sate unfair-competition laws protect business from disparaging statements made by competitors and others” (p.79). Even though Alumina Incorporated was responsible for violating the Clean Water Act five years earlier, there was no supporting evidence for Kelly Bates claim that the company repeatedly contaminated Lake Dira without restraint. Furthermore, Kelly Bates allegations that Alumina Incorporated exclusively contaminated Lake Dira and caused her daughters leukemia were unjustified. Kelly Bates intention was to use The Erehwon...
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...Alumina and BP Introduction Running a business does not come without the existence of liability risk and legal issues. The question posed is what are the liability risks that could lead to legal issues and how will such issues be handled. When legal issues are present in the business sector due to liability issues, more likely than not, others are affected both directly and indirectly by the situation. How the situations are resolved depends upon those involved and the complaint. BP and Alumina have faced such issues and, as discussed below, have had to resolve the issues present within their companies through legal processes. Legal Issues and Principles Present BP The impact of the BP oil spill of 2011 will be felt by residents of Louisiana, Mississippi, Alabama, Florida, and Texas for years to come. The effects of this devastating incident in the Gulf of Mexico disrupted the way of life for many individuals in that region. The Deepwater Horizon drilling rig exploded dumping an estimated total of five million barrels of oil into the Gulf this was the worst oil spill in history (Goguen, 2012). The legal issues that arise from this tragedy consist of economic loss, environmental damages, property damage, emotional distress, and exposure to harmful substances. According to Goguen (2012), “Thousands of businesses and workers in the Gulf region have filed lawsuits against BP, seeking repayment for profits and income that were lost because of the oil spill. These plaintiffs...
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