Business Regulations Simulation
Law/531
Business Regulation Simulation When conducting business whether it is local and global, big or small organizations have to abide by state and federal laws. Depending on the nature of the business different organization has to comply with certain laws and regulations. For example, retailers like Wal-Mart, Target and Kroger have to comply with the Department of Labor and a manufacturing company like LM Fiberglass and Toyota would have to comply with the Environmental Protection Agency and Occupational Safety and Health Administration (OSHA). When an organization do not comply with the state and federal regulation the company can face fines or become caught up in major
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In this case of negligence Bates must prove that Alumina had a duty to keep the PAH levels contained. In a case Alumina breaches that duty by not staying in compliance with the EPA regulation several years ago. Bates assumes that the consumption of the water cause the harm of her daughter to have leukemia. In response Alumina chose to conduct an independent site study for new violations. The reports come back good the PAH levels were well below the standard.
After releasing a partial audit report Bates has threaten to file a lawsuit against Alumina of personal injury to recover compensation and punitive damages. Alumina negligent conduct of “serious violation of environmental laws five years ago is the cause of her daughter leukemia,” alleged by Bates (Business Regulations Simulation, 2010). The best resolution for this situation is mediation by a neutral third party, by choosing this options Alumina can provide Bates with a confidential settlement. The settlement includes that Alumina provides Bates with reimbursement of medical expenses for her daughter treatment a lump sum for future treatments and a college fund set aside if her daughters recovers from the leukemia (Business Regulations Simulation, 2010). Although tort liability is founded on intended harm strict liability is attached even though the defendant has been reasonable. In the Article titled “ The American Influence on Canadian Tort
It is policy of the company to comply fully with all state and federal laws and regulations. The behavior of every employee is required to signal the company’s desire to conduct relations with government officials and agencies in compliance with all applicable laws and regulations.
However, due to this idea of strict liability offences not requiring proof of fault leads to the simple moral claim of ‘is it right to punish a person who had no intent to commit a crime, and took precautions not to let anyone get harmed in any way, to still be convicted?’ This opens the argument against the use of strict liability as it suggests that no matter what the opposing says, strict liability is a criminal offence and it is not vigorously enforced. This in turn lowers the respect to law and the criminal justice system as it appears that the justice system cannot
Issue: One day, Kelly Mala went to Crown Bay Marina to buy some fuel for his boat, so he asked a Crown Bay Marina’s attendant to watch his boat while he purchased fuel. However, when he returned, mala saw his boat’s tank was overflowing and fuel was spilling into the boat and into the water. Then Mala began cleaning up the fuel, but as he pulled away from the marina, his boat’s engine caught fire and exploded. Mala was thrown into the water and severely burning. His boat was unsalvageable. Therefore, Kelly Mala sued Crown Bay Marina after his boat exploded.
By having knowledge of the chromium in the water supply, PG&E should have been required to let the people know that were affected by it. By not telling the citizens, they were withholding information that affected these people’s lives. Because a risk was created, consequences came, and nothing was done to prevent such injuries that did occur, PG&E should have been considered negligent.
There can be many dilemmas for organizations that have serious regulatory issues. Organizations can be fined for even the smallest break in the regulations (Lester & Parnell, 2006). When there are major issues, imagine how high those fines may be. Not only may the fines be costly, but the cost of getting a company up to the necessary standards can also have a major effect. If the costs outweigh the profit, a company could potentially shut down.
Legal and regulatory compliance- all businesses must follow all the laws and regulations that have been set because if they do not agree to following the rules they would not be running the business ethically. Every organisation must be truthful to their customers and provide them with the correct information about the product and also not overcharge them for any of their
Plaintiff further asserts that the Defendant breached its duty of care to her by: (1) “failing to fix a hazardous condition within a reasonable time;” (2) “failing to adequately warn plaintiff of a hazardous condition;” and (3) “otherwise failing to exercise reasonable and due care under the circumstances.” The Plaintiff is seeking compensatory damages in the amount of two hundred thousand dollars, plus interest and costs.
The ______ approach to business and society introduced in the text is a descriptive framework that integrates legal and societal considerations with mainstream theories of competitive advantage and social
The attempt to link the harm to the behavior of the defendant produced its share of successes and failures for the Schlichtmann team. Not only did the plaintiffs have to prove that the corporations contaminated the water, but they also had to show that the contamination caused the leukemia and the other health problems. To do this they enlisted the help and expertise of numerous doctors and specialists. Naturally the defending side recruited their own set of experts. As in any case, each side is going to have an expert who will refute the testimony of the other side’s expert. This is a normal part of arguing a case, but can cause confusion and complication on the part of the jurors.
Role of the US Constitution and Legal System in Business RegulationThe Constitution of the United States and their legal system have an impact on the guidance and operation of companies in any industry. In case a person breaks a law, for example, he or she may be obliged to pay a fine or even imprisoned in the US. It works the same way with companies: if a business is found responsible for allowing its employees to violate regulations this company is subject to a fine and even closedown. For instance, companies are responsible to guarantee that all employees are legally authorized to work in the United States. Occasionally employees without proper documentation are able to get a job. The law enforcement agencies perform raids on business
The roles that government play in the global work environment is that in today’s world majority of businesses need to register with a state government to function. Corporations need a charter, and other forms of businesses, such as limited liability companies or partnerships, need other forms of registration. The purpose of this registration is usually to define the financial accountability the owners of the company have. It limits their risk to the amount they have invested in that particular organization. Registration also allows the government to monitor companies to execute its other functions in the business world.
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable
The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to
By conducting these tests, the results would come from a trusted source and the outcomes would remain private. An additional benefit to doing these tests privately was if the results were favorable, Alumina could publicize the reports to counter the published allegations. Ultimately, the independent tests proved to be a good decision. The test confirmed that the company’s PAH levels were lower than the prescribed limit.
Some concepts involved through the issue are risk, confidentiality, environmental health, conflict of interest, and loyalty. First, the company and peter's career will be in risk if he reported the oil spill to the state. Second, the engineering law requires confidentiality therefore it is irrelevant that peter report such an issue that is confidential in the company. Third, the tests were only taken 400 feet from the surface of the groundwater, however maybe there is contamination deeper or other marine life were affected. Four, most important concept is the conflict of interest since Peter had to either obey the engineering law that requires confidentiality and neglect his morals or obey the state law and lose his friendship and career. Five, Jesse trusted Peter to keep this mysterious spill between them; he should be loyal to him since they have a trusting relationship. Additionally, Jesse noted that he cannot have a consulting engineer who doesn’t value client loyalty.