Key Elements of Negligence Essay

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QWeek 2 Question One:
What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples.
Key elements of negligence:
Duty of Care: This element is about the care and concern that every human being with a sound and rational mind should show towards their fellow human beings.
Breach of Duty: failing to meet your agreed upon obligations
Harm: Causing harm or damage to persons or property
Factual Causation: having been proven in court of causing harm and discomfort to a person or property
Legal Causation: Having been part of negligent activity, however not legally responsible under the law

How does
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(2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.

Week 2 Question 2
What types of intellectual property are used at your organization? How are they protected? What are the advantages and disadvantages of a noncompete clause as opposed to a nondisclosure clause? What privacy and security issues arise when conducting business on the Internet? Provide examples.
Intellectual property used in my organization is one simple thing, our price list. We deliver food products to customers who need them, but our prices vary between the customers depending on how much they order and how often. Larger corporate stores get bigger discounts for volume versus the mom and pops restaurants who order very little. These prices are also important to protect from our competition, who could use them to underbid our current customers. Our job is to protect all of our paperwork from falling into the wrong hands, not flaunting bills in front of the wrong customers, and maintaining control of all the paperwork at all times.

The advantage of a non-compete clause is it stops an employee from stealing customers should they terminate their employment either voluntarily or involuntarily. A non- disclosure agreement is the paper I had to sign upon accepting employment at my current job. It stated I was not allowed to take copies or actual bills with prices, or share these prices from memory for no less than three years if I
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