Business Law Assignment - Coursework Example

Business Law Assignment Year Question Sex, gender, race, religion, national origin, ages(40 and above), color, pregnancy-pregnancy, citizenship, Familial status, disability status, veteran status and genetic information. The current issue surrounding the act is its exclusiveness of the business rights of operation. A business may require a specific person and by doing so, the business may appear to discriminate. The Act as evolved from 1964, then to 1975 then civil rights act of 1991 extending the right to US citizens working abroad. Through time, it has benefitted not only the employees but also the employers by prohibiting retaliation against the employer for breaking these acts. Question 2 The anti-discrimination law remains the same for American companies operating in America or those operating outside America in a foreign land. The policy is indeed a good one as it protects all parties whether employer or employees. This ensures that none is discriminated against on these characteristics and that job recruitment is on the basis of competence. Question 3 There is privacy in the workplace, but this is only to an extent that it doesnt interfere with the main contract. The office is meant for only official duties related to the roles played by the office holder. Anything that raises the question of performance warrants investigation that of course may lead to a violation of the privacy (Ken, 2015). Question 4 The purpose of a modern tort law is to compensate the injured person for the harm incurred. Types of torts are; tort of negligence, intentional tort, and strict liability. The injured party has to prove that the defendant owes him the legal duty of care, that the defendant was in breach of the legal duty of care and that the act of breach led to the suffering incurred by the defendant. Whether they are met or not is a question to be decided by the judge. However, they are easy to meet by the complainant should he be aware of the same elements (Ronald, 2011). Question 5 The gourd did not breach the duty of care he owes to the passenger since he didnt know that pushing the passenger in could lead to dropping off the parcel plus, the gourd never knew the content of the bag. In other words, it was not intended. The court was making a public policy statement. The decision was correct. More has been developed on the proximate cause. Question 6 The three intentional torts are; assault and battery, conversion, trespassing and defamation (Ronald, 2011). The elements of assault and battery, for example, includes; intent-acting with a purpose or knowledge that the results of the act will cause injury to the person. Acting-this requires the person to perform an act that is harmful or injurious to another, and actual cause, in this case, the victim will have to prove that without the action of the defendant he/she would not have suffered the said injuries. An example of the intentional case was the case of Houdek v.Thyssenkrupp Materials, N.A Inc, 2012-Ohio-5685. The claimant did not succeed in court because the judges were not convinced that the employer had knowledge of the potential for the injury to take place. Question 7 The tort is Product liability tort. It regards the company products yielding harm to another party. This may be due to the products faultiness or failure of the company to do whatever was necessary to prevent the injury. In such cases, a consumer will only need to prove that his injury originated from the said defects. Its elements include; breach of duty, injury and causation. Their defenses may be; (reliance on others), (contributory negligence and negligence by the claimant), (prior superseding cause) respectively. A good example was the MacDonalds coffee and the woman burnt by the hot coffee. The complainant was awarded for damages ranging in millions due to the first-degree burns she got from the coffee. The damages awarded was too expensive. Question eight A tort is a private wrong where the wrongdoer is supposed to pay for damages. From the above definitions, tort reform is a reform that targets such laws. Just as indicated above, tort reform is an expensive affair touching on so many laws apart from just the initial tort law. It has a spillover effect on other laws. One area of the reform is to reduce the amount of compensation given to an injured party as a result of the injury caused by the business. Even though this will save the business from extortion that may lead to collapse, it will on the other hand impact on the lifestyle of the injured to an extent of ill health (HG Organization., 2015). Question 9 Failure to warn cases can result in a verdict in favor of the plaintiff. It is a concept in law of torts meaning a party will be held liable for injuries that another one will suffer due to him/her not disclosing hazardous nature of its products. For example, if a manufacturer of a drilling machine fails to indicate that it should be used with protective gears, and a user proceeds to use it with the naked eye and suffers injuries to the eye, then the company can be held liable. The plaintiff will only need to show that it was indeed not indicated on the package of the machine the warning that requires him/her to wear protective glasses when using the machine. If the business does enough to inform of the hazard, then they cannot be sued for damages or injuries suffered by a party after that. A careful business can reduce this liability by working closely with the governing bodies in their industry and clearly indicating possible side effects of the products as well as including a manual with all the precautions included. Question 10 Business is not all about making and maximizing profits; it is also about minding the welfare of other stakeholders in the industry by practicing the required standards of ethics and taking care of the welfare of all stakeholders. References HG Organization. (2015). What is Tort Reform. Retrieved October 15th, 2015, from HG Organisation Legal Resources: http://www.hg.org/articles.asp?id=35441 Ken, L. (2015). Business Tort. Retrieved October 15th, 2015, from Legal Match: http://www.legalmatch.com/law-library/article/business-torts.html Ronald, S. B. (2011). Elements of Torts in the USA. Journal of torts, 1-30. 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