StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Criminal Laws and Law of Tort - Article Example

Cite this document
Summary
The paper "Criminal Laws and Law of Tort " states that addressing the issue of the domain name, Bug must have a domain name in order to conduct business online.  The first step for Bug is to determine if the name they want is already taken, which it is…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94% of users find it useful
Criminal Laws and Law of Tort
Read Text Preview

Extract of sample "Criminal Laws and Law of Tort"

TORT LAW A tort law has several aspects that make it different from criminal law. Criminal laws are prosecuted on behalf of society. All fines paid will go directly to the government. In regard to tort law, the injured party will sue the aggressor for causing the injuries and any damages awarded will go directly to the injured party. Another difference between the two types of laws is that in criminal proceedings, proof beyond a reasonable doubt is required to obtain success in winning a case. In a tort case, success can be achieved by providing proof based on a preponderance of evidence. A conviction in criminal court does not necessarily mean automatic compensation under tort law. (King, 2006) The following cases would explain the position of Duty, Breach of Duty, Causation, Remotness, Damages or Remedies under the aspects of Tort Law. Due to some recent issues surrounding plant security, Bug has to address some concerns both with a focus on short and long-term solutions. With any organization the first priority should be to protect its assets. This must start with ensuring the safety of its workforce on company property. Since Bug has at least two full shifts, the lighting and security for night shift workers must be addressed. The company must address the parking lot lighting situation by having all lights repaired immediately. Management should also incorporate some type of safety process that discourages individuals from leaving the plant alone. If security is present, then the rounds made by the guards should be increased, even if the company has to purchase some type of motorized vehicle. (King, 2006) In the following scenario, Bug can be held liable based on the category of Intentional Tort. Both the vendor and employees who were victimized can claim reasonable apprehension of imminent harm because Bug knew its lighting and security process were not fully operational. This fear can lead to trauma or mental anguish by the victims, which could have lasting effects on the individuals. Although the company cannot eliminate crime, it can greatly reduce it by ensuring that adequate resources are invested in maintaining security; along with providing a safe work environment. Bugs' potential defense probably would begin with a stance of impossibility. No entity can eliminate crime, so the company cannot be held liable for all incidents of violence. Another stance may be that the company made a mistake in underestimating the level of increased crime within the city; thus failing to make improvements within the plant security. Does the company have a safe place to hold visitors, and how often does security escort employees to their vehicles' Having processes in place such as these can assist with providing documentation of efforts by the organization to offset security risks. (King, 2006) The Bug Company manufactured some wiretaps without insulators to save on production cost. The company later adds insulators to the newer version that they produced which Bug's duty of care is to produce safe equipment. The original version caused harm to someone and Bug should be responsible. (King, 2006) The police department purchased the original version of these wiretaps that short-circuited and injured Officer Sally DoGood. Sally could pursue the Negligence tort against Bug for not producing safe equipment and receive punitive and actual damages for their Intentional tortious conduct that resulted in her being injured. Strict Liability is another tort that Sally can pursue because it was not her fault that the wiretaps short-circuited. The police department can also be held responsible for issuing the old equipment to Sally that caused her to be injured on the job. Manufactures, designs, and sells electronic recording devices in the United States. They also manufacture products internationally. Demands for their products are increasing in the International sales markets. Bug is currently making decisions to expand the sales department to market products internationally. (King, 2006) For beginners lets discuss the various types of legal protections that are necessary for Bug to consider expanding sales. In 1967 the World Intellectual Property Organization (WIPO) was established to administer the following treaties (WIPO). Intellectual Property (IP) bundles exclusive rights of a company's inventions or ideas of the human mind. IP laws contribute to economic growth because they allow companies the freedom to share their creations without fear of being copied. Industries that rely on IP protections produce 72% more value than non-IP industries. The IP concept helps to strengthen correlation between foreign countries and the United States. (Lamb, 2004) Bug wants to sell its products over the Internet. They are concerned about privacy, security and infringement. Bug is also interested in buying a domain name, but the one they want is already taken. It would be wise for Bug to expand its business by selling its products over the Internet. In 2008, the Internet is the way to go. It has become a necessity for many people to aid them in their everyday lives. Of course, someone can live without the Internet, but there would be very little interaction with other people but the majority uses the Internet. A law was developed to help encourage inventors to invent because the law protected the inventions from infringement. This law is known as the Federal Patent Statute developed in 1952. A patent application can be filed in Washington at the Patent and Trademark Office (PTO). Bug can rely on the patenting system to relieve their concerns about security and infringement. If someone decides to use Bug's patent without authorization, Bug can sue. Addressing the issue of the domain name, Bug must have a domain name in order to conduct business online. The first step for Bug is to determine if the name they want is already taken, which it is. In the situation of BUG, Inc. employee Walter and WIRETAP employee Steve, Walter has committed some torts. Under tort law, Walter committed assault towards Steve. Although Walter never physically assaulted Steve, under tort law, by threatening to hurt Steve and Steve fearing that harm was imminent if he withheld the information, he assaulted Steve. Walter is also guilty of false imprisonment. Although merchant protection statutes have been established that permits businesses to stop, deter, and investigate suspected shoplifters under certain circumstances. The business must have reasonable grounds for suspicion, detained for a reasonable amount of time, and the investigations must be conducted in a reasonable manner. Walter would probably not be protected under this statute due to the length of time he imprisoned Steve and his actions toward Steve during that imprisonment. (Lamb, 2004) References: King, H; (2006); Tort Law Principals; Auckland: HBT & Brooks Ltd Lamb, D; (2004); Cult to Culture: The Development of Civilization; Wellington: National Book Trust Read More
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law of Tort Article Example | Topics and Well Written Essays - 1250 words”, n.d.)
Law of Tort Article Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/law/1499828-law-of-tort-article
(Law of Tort Article Example | Topics and Well Written Essays - 1250 Words)
Law of Tort Article Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/law/1499828-law-of-tort-article.
“Law of Tort Article Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/law/1499828-law-of-tort-article.
  • Cited: 0 times

CHECK THESE SAMPLES OF Criminal Laws and Law of Tort

American and the EU Competition Law

In case of disputes between the EU countries and the UK, the law of the EU will have an edge over the British laws.... The essay "American and the EU Competition law" analyzes the differences in the competition law in America and the EU.... The purpose of competition law is to ensure that the consumers pay the lowest possible price for the high quality of goods and services they consume.... The other effect of the competition law is to discourage unhealthy practices in the business....
9 Pages (2250 words) Essay

Criminal Law and the Australian Legal System

The paper "Criminal law and the Australian Legal System " states that generally, in relation to the accident caused by Michael within the periphery of the Australian legal system, Anna can also sue Michael for the accident under Criminal Jurisdiction.... law is a tool to regulate the social as well as economic behavior of society.... law is based on two principles which are ordered in the system as well as coercion which signifies that without enforcement there is no law....
13 Pages (3250 words) Essay

Economic Considerations Should be the Basis of Tort Law

tort law is the branch of law covering redressing of wrong done to a person by awarding them monetary as compensation of damages.... tort law covers most of civil lawsuits.... The tort law has over time evolved in many jurisdictions to consider the legal and economical implications since these are the two most important aspects of the tort laws.... General and specific deterrence are handled quite differently in tort law....
9 Pages (2250 words) Essay

Economic Considerations, and not Justice, should be the Basis of Tort Law

Various debates have prevailed on the intentions of tort law whether to restore justice or ensures people gain previous economic conditions.... Notably the economic discourse is coming into the forefront of tort law.... It is also significant to note that tort does not make judgments based on claims as opposed to criminal laws, which allow claims with support of evidence2.... A tort is a common law that deals with resultant interactions between people....
10 Pages (2500 words) Essay

Criminal Law and Common Law defenses

Criminal justice system is nothing but a compilation of legal and social institutions that administer criminal law with respect to a set of already defined laws and regulations.... riminal justice system enforces criminal laws.... ort law refers to the body of law that creates, and For example a person who is legally injured can apply tort law to recover damages from the concerned person (the one who is ‘liable' for the damages) (White, 2003)....
7 Pages (1750 words) Research Paper

Law of Tort and Categories of Torts

The law of tort has been created to govern the bad conduct of such people.... This paper considers the laws that govern business operations include property law, law of torts, law of contract, criminal law, antitrust law, competition law, labor laws, employment laws and business organization.... There are three main elements of negligence in tort.... The statutes impose duties to private and public entities that cause the tort to compensate or remedy the injured as defined by law....
6 Pages (1500 words) Term Paper

Foundations of Tort Law

This report "Foundations of tort Law" focuses on a branch of private law, where a person suffers harm because of someone else's wrongful acts.... It also examines two cases that demonstrate how tort laws can be applied in different cases.... The plaintiff in tort has to prove three things in order to be compensated.... he tort rules on compensation in Australia, especially those arising from accidents have been seen as being outdated, therefore inefficient in the way in which they work....
10 Pages (2500 words) Report

The Tort of Deceit

Deceit is one among the many torts that a person can sue and be sued for under the laws of tort.... Deceit is one among the many torts that a person can sue and be sued for under the laws of tort.... Deceit is one among the many torts that a person can sue and be sued for under the laws of tort.... LEMENTS of tort OF DECEIT ... The paper 'The tort of Deceit " is a good example of law coursework.... tort comes from the Latin word 'tortus', which means crooked while in French the same word means 'wrong'....
8 Pages (2000 words) Coursework
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.
Contact Us