Identify the ethical and legal implications for a business that were suggested by the court’s decision.

Identify the ethical and legal implications for a business that were suggested by the court’s decision.

CASE LAW ANALYSIS – TORT LAW

OVERVIEW

Tort law is based on the notion that if one party harms another intentionally or by being careless or reckless (“negligent”), then the aggrieved party may be entitled to restitution and be made “whole.” In some cases, there is strict liability, as in cases of defective products. If a product is found to be inherently unsafe or defective, strict liability is imposed; “strict” means that neither intent nor negligence needs to be proven.

Sometimes, a tort may also be a crime, as in the case of assault. Such a case can be brought both civilly and criminally. Here, we are only concerned with civil court cases. The court (using a judge or jury as fact-finder) will attempt to determine what damages are appropriate where a tort has been committed.

A court will attempt to determine exactly what needs to be done when an aggrieved party can demonstrate damages, and what those damages should be, in order to return a party to its state prior to the alleged action. This remedy is almost always money because, in reality, no one can go back and undo the wrongful action.

The purpose of this assignment is to:

  1. Give you the opportunity to research and investigate a real court decision.
  2. Challenge you to think about the business implications of the case and particularly how the case will impact a specific organization.
  3. Challenge you to distinguish the role of torts and how torts differ from contracts in commercial transactions as a basis for liability on the part of businesses.
  4. Give you the opportunity to learn key judicial concepts that influence business decisions.

PREPARATION

The first step in preparing your case law analysis is to locate a published court decision and select an organization you believe would be impacted by the decision.

This Case Analysis Report: Executive Briefing Exemplar [DOCX] (file attached) shows a sample case law analysis. You may wish to refer to it as you work on your assignment.

INSTRUCTIONS

Once you have selected a business-related case involving tort law and an organization impacted by the decision, assume you’re a senior manager in the organization you selected and that you were asked to prepare an analysis of the court decision and brief the executive team of the organization about the impact the case might have on the company. Your briefing should include a summary of the case, as well as an evaluation of how the court’s decision impacts the organization from a business, legal, and ethical perspective.

Be sure to list your case citation in the References page at the end of your assignment.

Step 1: Exhibit information literacy skills as applied to business law.

  • Identify the court, the parties who are before the court, and the date of the decision.
  • Ensure that your briefing provides an accurate context in terms of who brought the lawsuit and the outcome of the case.
  • Report research from a recognized authority that adds insight into the meaning, history, or impact of the case with relevant legal research from credible databases or online sources.

Step 2: Summarize the facts and ruling of a legal case and its impact on businesses.

  • Provide a brief background and context associated with the case. Summarize the facts in no more than 1–2 paragraphs.
  • Identify the specific disagreement between the parties. Was there a dissenting opinion? If so, explain it.
  • Summarize the court’s ruling, including its rationale.
  • Analyze the impact of the case on businesses, including both negative and positive impacts.

Step 3: Explain how the court decision impacts legal and ethical compliance in a business environment.

  • Identify the ethical and legal implications for a business that were suggested by the court’s decision.
  • Discuss whether or not the conduct of a party in the case was ethical or unethical.
  • Propose and explain an ethical theory that describes why a party’s conduct was ethical or unethical.

Step 4: Explain how a legal case could impact a specific organization not a party to the case.

  • Explain the impact of the court’s decision on your selected organization. In light of the court’s ruling, how might the executive team of the organization make future decisions or policy?

ADDITIONAL REQUIREMENTS

Based on your executive audience, your executive briefing should be no more than three pages, in addition to the References page, and should be well organized and written in clear, succinct language. Follow APA rules for attributing content to sources that support your analysis and conclusions.

Your submission should meet the following requirements:

  • Written communication: Write in complete sentences free from errors that detract from the overall message.
  • Font and font size: Arial, 12 point.
  • Format and length: Double-spaced, 2–3 pages.
  • Citations: Include complete citations of your sources along with a References page. Review Evidence and APA for more information on how to cite your sources.

Requirements: 2-3

Subject: Business

 

Here is the tort case:

https://scholar.google.com/scholar_case?case=7271075303659098319&q=businesses+and+tort+law&hl=en&as_sdt=2006

 

 

capella logins:

 

capella Logins:

Nelexan@yahoo.com

password : Mustang1967!

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