Negligence and Ethics, Business Law - Essay Example

Negligence and Ethics Student’s Name Institution Affiliation Introduction Negligence is a situation where a person acts in a careless manner, actions that result to damage on another person. Also, the actions of negligence may result to hurting of an individual. The prove of an individual in the case of negligence requires that one has beyond reasonable doubts that the defendant in the case was the one who was responsible for the damage that is in contest. The cases of negligence are usually said to be the once that a person should practice due care to ensure that the individual is not injured. Negligence misstatement can be defined as giving the wrong fact of information given by the defendant and the plaintiff relied on it. The defendant had breach of duty of care in a legal duty, which the wrong fact given has caused damages, undesired by the defendant to the plaintiff. If one party gives advice, information or an opinion to another party in circumstances where the other person reasonably relied upon the advice, information or opinion, the first person may be liable for any loss or damage caused of the advice, information or opinion was given negligently. Generally under negligence misstatement, a special relationship will exist where the adviser knows that the other party is justifiably relying on him for his skill, expertise or knowledge. It is the action that a person voluntarily takes it upon themselves to act on behalf of, or to advise, another in a professional capacity, they assume a duty to that other person to act or advice with care (Richard, 2013, pg. 3). Ethics as defined by the dictionary.com is a structure of moral principles, the rules of conduct to be followed demonstrated through human actions of a specific origin or culture; it can be a set of moral principles possessed by an individual. In addition, a general definition would be that ethics is a division of philosophy that interacts with the values associated with the human behavior as regards with the rights and wrongs of a particular behavioral pattern (Dictionary.com, 2012, pg. 1). In a workplace setting, ethics is a system of moral values or organizational culture that categorized acceptable and unacceptable behavior to be applied in an organization. This reading will center on ethics and their outcome during a change implementation, and how these changes affect the constantly changing environment. It is disturbing that world business organizations are fast changing at increasingly distressing rates. If we carefully examine, one of the main factors affecting an effective implementation of change is the issue on ethics. One must not only see change as an effort for profit but must include that change is being undertaken to broaden ethical awareness inside an organization. When it comes to the issue of ethics it is important for any business to observe some principles if it is to succeed. Ethics is one of the areas that will determine to with extent any organization will succeed. In fact employees within an organization should observe ethical principles if they are to succeed at the end. Organizations should lay down ethical principles that will ensure that the services that they provide according to the required standards. Analysis For some number of reasons, a business can be found guilty of committing an act of negligence. Some of the reasons may be due to breach of some duties that the business has to those parties that are shareholders. These duties that are in context are the care duties or duties of trust that take many forms depending on the issues that are on the table. The business usually has a range of duties ranging from government, employees, customers, competitors, citizens and suppliers. In each duty there is must be ability to see the risks that are involved in the whole process. An example is where a small business of retail has the responsibility of ensuring that the personnel, inspectors and customers who enter the business premises all the duty of care is considered without fail. If any of the people who get into the premises fail to get the required care, the business may face lawsuit that is related to the negligence. Different businesses have different kinds of duties. Therefore different expertise will be required depending with the kind of services that will be provided. A car repair business for example should employ technicians who are well trained and licensed to ensure that the kind of services provided are according to the required standards. This will ensure that there is good care taken to ensure that everything is on the right direction. When this people who are taking care of the organization are highly trained it means that there will be no much cases that will be related to negligence since they will be understanding their duties perfectly. In the case of negligence, it is important those who are representatives of the plaintiff must be in a position of showing that there is a connection between the plaintiff and the defendant. The end of the case will be concluded if the plaintiff proves that the duty of care required is not fulfilled as expected in the long run. The actual plaintiff must prove the harm that happened due to the harm that was done by the defendant. Tort law is the branch of law that deals with civil wrongs, including negligence, that come from sources other than breaches of contracts. Both businesses and individuals may be legally and financially liable for injuries they cause due to negligence. Determining negligence relies on several factors, including breaching a duty that the defendant owes to the plaintiff. Negligence cases are lawsuits that name businesses or individuals as defendants, claiming that they are responsible for physical or financial harm due to a lack of ordinary care. Negligence cases rely on assumptions about how reasonable people would act, defining negligent guilt as failing to take actions that a reasonable person would, or doing something that a reasonably careful person would not do. Under tort law, a negligence case must claim that a defendant's lack of care caused actual harm to a plaintiff. The outcome of a negligence case against a business depends on a number of factors, several of which have to do with claims about the breach of duty. Defendants can claim that no duty exists, or that the defendant was not negligent and that a reasonable person would have acted in the same manner. A defendant may also claim that the alleged negligence is not directly related to the plaintiff's injury, or that the injury is insignificant or immaterial. Courts can award monetary damages in negligence cases to help plaintiffs recover from their harm. They may also award punitive damages, which punish defendants for negligent actions. In the case of Trevor Vs Anna, it is important to note that at the beginning of the business Trevor requires that the customers should have a certain dress code, and the type shoes that they should be wearing should be one that fits the walk. However, Anna goes ahead to carry alcohol and shoes not fit for the walk. At the end we see her injuring herself. This was not due to the lack of the duty of care from the side of Trevor. It Anna who had failed to observe the simple rules that had been set out. In these case Trevor had taken due care of informing the customers what is best for them. He had explained to them what were the consequences if given measures were not to be taken. However, Anna in her own feeling sees that it is best if she carries high heeled shoes as a substitute. Also, in the other hand she carried alcohol which she took without the knowledge of the guide who is Trevor. From the above facts it is important to understand the role of each and every person in this case. The defendant had breach of duty of care in a legal duty, which the wrong fact given has caused damages, undesired by the defendant to the plaintiff. If one party gives advice, information or an opinion to another party in circumstances where the other person reasonably relied upon the advice, information or opinion, the first person may be liable for any loss or damage caused of the advice, information or opinion was given negligently. Generally under negligence misstatement, a special relationship will exist where the adviser knows that the other party is justifiably relying on him for his skill, expertise or knowledge. It is the action that a person voluntarily takes it upon themselves to act on behalf of, or to advise, another in a professional capacity, they assume a duty to that other person to act or advice with care. Conclusion When it comes to the issue of ethics it is important for any business to observe some principles if it is to succeed. Ethics is one of the areas that will determine to with extent any organization will succeed. In fact employees within an organization should observe ethical principles if they are to succeed at the end. Organizations should lay down ethical principles that will ensure that the services that they provide according to the required standards. This is what that Trevor as a business man had done by laying some of the things that customers needed to observe as they were in the walks. The prove of an individual in the case of negligence requires that one has beyond reasonable doubts that the defendant in the case was the one who was responsible for the damage that is in contest. The cases of negligence are usually said to be the once that a person should practice due care to ensure that the individual is not injured. The case that Anna has filed against Trevor does not have any prove of negligence hence it should be dropped. References Dictionary.com. (2012). Ethics. Retrieved from http://dictionary.reference.com/browse/ethics Richard smith (2013). Discussion on negligence. Read More