Nobody downloaded yet

Tort and Regulatory Risk - Essay Example

Comments (0) Cite this document
INTRODUCTION: The following has identified the key torts and risks pertaining to the case of Kelly Bates versus Alumina. This analysis will examine the risks and torts associated with each legal issue, and in turn, present some of the ways in which Alumina can detect problems, prevent them and in turn, correct the identified issues…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.7% of users find it useful
Tort and Regulatory Risk
Read TextPreview

Extract of sample "Tort and Regulatory Risk"

Download file to see previous pages That is, regardless of whether or not they are actually culpable of the violation in question, and regardless in this case whether the plaintiff even has a case. No organization wants to fight to maintain a reputation in the public arena, and as is commonly understood, the resolution of a lawsuit such as the one leveled by Kelly Bates can often take at least a decade to resolve. Torts and Risks are primarily associated with the non-compliance with the 'Clean Water Act' (1972). In Alumina's case, they have had a pretty solid practice of compliance following a problem in the past that they both corrected, and implemented policies and procedures to prevent such an incident re-occurring. Complying with the Clean Water Act can most adequately be understood in a basic legal positivistic framework, that is, one is either complying with the standards established by the Act or they are not. Prevention, Detection & Correction: A preventative approach is one that implements a Quality Assurance procedure of testing with a regularity that can anticipate any corrective measures that need to take place. One of the core strategies that the company in question can take, is to establish a new department that focus' primarily on environmental compliance. A quality assurance team can establish a set of protocols for testing and addressing any problems before they go so far as to negatively impact either the environment or the health of the community. Likewise, prevention is a matter of establishing a set of procedures representing the 'best practices' for that particular emission – are there technologies that can minimize or mitigate the emissions that are at levels that are either harmful or beyond the allowed limit. EPA: The EPA was established by Richard Nixon in 1970 [McMahon, 19] . Currently, it has an operating budget of over $ 10.4 Billion and the current director is Lisa Jackson [ ] . This agency of the government is the main or central overseeing body of all environmental regulations in the US.. The division within the agency that is particularly focused on compliance of environmental law and pollution standards is the Office of Enforcement and Compliance Assurance. It both establishes the regulations and in turn, enforces the compliance along with establishing the protocols and procedures for both – that is both the regulation and enforcement. It is also an agency which provides a significant body of research both on the environment, but also on the legal regulations and public policy pertaining to the environment. Torts & Risks: The main issue regarding tort and risk, is basic non-compliance. Any non-compliance opens up the corporation to litigation or lawsuits because of the basic problem of knowing endangerment. This is a legal issue that falls within the purview of conspiracy charges. Thus, any problems connecting the non-compliance with the regulations overseen and regulated by the EPA are facts that can be used against the organization. In turn, the problems with negligence in legal terms can be quite wide in scope, and of course, any situation of non-compliance lends itself to a lawsuit based on negligence and recklessness in regard to public safety. Prevention, Detection & Correction: As was noted above in relation to the Clean Water Act (1972), an environmental quality assurance ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Tort and Regulatory Risk Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from
(Tort and Regulatory Risk Essay Example | Topics and Well Written Essays - 1250 Words)
“Tort and Regulatory Risk Essay Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Tort and Regulatory Risk


...for being too wide and risking floodgate claims through making it easy for legal practitioners to successfully argue negligence (Horsey & Rackley, 2009). Nevertheless, in Home Office v Dorset Yacht Co ([1970] AC 1004 (HL) it was suggested that Lord Atkin’s rationale remained applicable unless the specific circumstances merited exclusion of the dictum. As a result, commentators argued that the pendulum had swung too far in favour of claimants, which was reinforced by the decision pertaining to proximity in terms of who the duty of care was owed to in Anns v Merton LBC ([1972 2 All ER 492). The decision in of Anns v Merton London Borough ([1978] A.C. 728) asserted that the proximity test relies on a consideration of the...
9 Pages(2250 words)Essay


...the but-for test, but by taking into consideration of the material risks posed by the deceased’s exposure to asbestos due to the negligence of all his employers. Thus, in Medlin v SGIC,19 the Court remarked that the issue of causation is always one of commonsense experience, which must prevail over the “but-for” test or the novus intervieniens doctrine. References: Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Baker v Willoughby [1970] AC 476. Collins v Herts County Council [1947] KB 598. Cassidy v The Ministry of Health [1951] 2 KB 343. Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22. Gold v Essex CC [1942] 2 KB 293. Hodgson, J. & Lewthwaite, J. Tort Law Textbook (2nd Edn...
5 Pages(1250 words)Term Paper

Regulatory Theory

..., it stimulates investor confidence reducing regulatory risk. (Rationale for…) Indian Case Study: Pre Competition to Post Competition Era It is worthwhile to take a note of the some of the remarkable happenings that took place in India when sector was set free in 1997 that transformed the ICT sector of the country. Bharat Sanchar Nigam Ltd (BSNL) was a state entity who had monopolized operations since its inception until formation of Telecom Regulatory Authority of India (TRAI). BSNL operated as a state unit providing basic telephony throughout the country. There was no competition before 1997 and people had no choice but to subscribe the telephone connections with BSNL only. Post 1997,...
7 Pages(1750 words)Essay

Regulatory Theory regulatory schemes, agencies, laws and standards (Fransman, 2010). There is currently a lot of cross-boarder transfer of data in sectors such as international financial services, e-commerce and IT-enabled services, a scenario that results in a number of privacy issues. There are thus a lot of risks related to secondary data users and information security breaches. The recent increase in the number of high profile security breaches such as the Wikileaks, travel and credit ploys, fraudulent lottery schemes, modem and web page hijacking and identity theft have poised serious regulatory challenges to ICT regulatory authorities. Although...
7 Pages(1750 words)Essay

Regulatory Measures

...? Regulatory Measures Regulatory Measures Regulatory measures refer to the standard rules or s set by the government or a relevant authorized body to govern the production process or the mode of doing things in a given industry. Indeed. In the modern global world, regulatory measures are very significant in defining the production process to ensure quality product development as well as establishing a fair competing field. To this effect, the federal government and other relevant bodies reserve the right of devising and ensuring compliance to the set regulatory measures. This paper will examine regulatory measures as stipulated in the...
3 Pages(750 words)Essay


...Act, but a more limited duty under the 1984 Act. Under the 1984 Act, “any duty owed by virtue of this section in respect of a risk may, in an appropriate case, be discharged by taking such steps as are reasonable in all the circumstances of the case to give warning of the danger concerned or to discourage persons from incurring the risk.” Betty clearly discharged the duty by putting a notice, “MIND THE STEP” nearby. Furthermore, Betty is entitled to assume that parents will exercise control over their children and not allow them to venture in potentially dangerous areas,4 especially when there is a notice. Since, Jack or for that matter any child, in a hair dresser’s shop would ordinarily come with their...
6 Pages(1500 words)Essay

Recognizing and Minimizing Tort and Regulatory Risk Paper

...Common or Tort laws? Regulatory risks regarding tort liability: It is seen that tort occurs outside the ambit of contract. In other words, it is not necessary that contractual liability needs to be present in order to file a suit for tort damages. Thus if a person is walking down the road and a slab of concrete falls on his leg, he could bring a suit for Tort of negligence on the perpetrator. There need be no contractual obligation between the parties, unlike Law of Contract, to enforce claim for damages on the wrongful parties. Besides seeking access for compensation and penal damages for past environmentally harmful...
5 Pages(1250 words)Essay


...led to the suffering of another. This paper will review some tort risks that arose in the product liability video and tort violations from the video. Product liability is where the manufactured products of any company may cause harm to their consumers. Negligence that may have taken place in the company at the time of manufacture may be the cause of this. They are liable for law suits from those affected. They then have to pay for damages through monetary compensation (Currie & Cameron, 2000). This is if the affected party can prove beyond doubt that they were harmed by the product consumption. Tort risks that may arise from the product liability video...
2 Pages(500 words)Essay

Regulatory Genes

...How Regulatory Genes Direct Vertebrate Development Introduction The Lhx3, a homeodomain transcription factor is known to be important in the formation of pituitary gland and anterior pituitary secreting cell type’s specification (Parker et al., 2000). There are two forms of LHX3 mutations that have been identified in humans; they include, firstly, an intragenic deletion that results to truncated proteins that have no DNA binding domain. Secondly, a missense mutation that involves changing of tyrosine to cysteine (Parker et al., 2000). In order to determine if mutations in the LXH3 gene have an effect on the LHX3 ability to bind to DNA promoter and reporter genes, the plasmids containing wild type and mutant type were constructed... is known...
4 Pages(1000 words)Lab Report

Regulatory Measures

...Regulatory Measures Regulatory Measures The Federal Sentencing Guidelines for Organizations (FSGO) was formed to encourage organizations with ethics and compliance programs to earn credit towards reduced penalties in the event that an employee engages in wrongdoing. Under the Federal Sentencing Guidelines for Organizations, organizations with ethics and compliance programs must meet defined standards. Organizations with substandard programs often receive harsher penalties (Ferrell et al. 2008). The United States Sentencing Commission (USSC) put the Federal Sentencing Guidelines for Organizations into effect on 1st November, 1991 after USSC discovered that several organizations lacked ethics and compliance...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Tort and Regulatory Risk for FREE!

Contact Us