Business Tort and Criminal Liability Presentation Team Assignment

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BUSINESS TORT AND CRIMINAL LIABILITY PRESENTATIONNicole Baskin, Kevin Bruns, David Gaither, Christopher LAW/531

INTRODUCTION

Agency Types: Express vs Implied

EXPRESS

Authority to contract/act on behalf of principleContracts can be oral or writtenCan hire multiple agentsExclusive Agency ContractsBound to one agent.

IMPLIED

No contract createdImplied behaviorUndefined Authority Agent’s authority is determined

Agency Types: Apparent vs Ratification

APPARENT

Establishes a false agency.Stops principal from denying agency relationshipPrincipal bound to contracts entered by agency

RATIFICATION

Misrepresentation of being one’s agentPrinciple ratifies unauthorized act Principal bound to performAgent relieved of any liability of misrepresentation.

Assignment SummaryChris Malone:

Characteristics of Independent Contractors

PROSLarger sums for take-home payGreater tax rebatesFlexible working hoursNo managerial oversite

Characteristics of Independent Contractors

Cons No company funded benefit programs Self-purchased equipment & tools Very poor job security No superiors – responsible for all decisions Responsible for state and federal taxes

Dave’s Summary

Pharmaceutical TortsOver-prescription, over consumption, wrongful promotionsNeeded Reforms#1 in fraud cases, health hazards, increased medical costsAlien Tort Statute – Domestic law applies abroadRisk Management plan creationCriminal Liability

Business Torts

The definitionLegal obligation of one party to a victim as a result of a civil wrong or injury. … A tort liability arises because of a combination of directly violating a person’s rights and the transgression of a public obligation causing damage or a private wrongdoing.

Example One

A customer accident in a storeAny sort of customer accident in the store. This could be a slip and fall, merchandise falling from a high shelf, a fire in the store, an attack in the store

Example Two

Defective product sold by a businessDefective batteries sold by Apple Computer, products that have been tampered with in the store, or in the production process, toys with small parts the harm children, products with lead paint.

Kevin’s Summary

Business tort liability is off the scale high.Tort liability is growing exponentially. Reform is needed to help control costs.The alien tort statute helps increase liability due to international torts.The risk management process will help lower liabilities.Escalation occurs when negligence is proven.

CRIMINAL ACTIVITIES

CRIME:A violation of a law that the government enforces punishment for.

CRIMINAL ACTIVITIES

Hiding Serious Problems with DrugsFalse ClaimsCovering Up Fatal Side EffectsObstruction of JusticeDestroying Paperwork

Nichole’s Summary

Business Tort Liability is growing constantly in the Pharmaceutical IndustryTorn Reform is Needed To: Help Prevent Physicians and Specialists from Performing unnecessary testing or procedures to avoid negligence LiabilityHelp Control CostsTo Prevent FraudThe Alien Tort Statute allows Foreigner to sue in the USAImplementation of Risk Management can help prevent unwanted litigation decisionsTort Liability can escalate to Criminal Activity through Intentional Negligence

Criminal Activities

COMPUTER

Objects of CrimeMethod of Committing CrimesRepresent Where a Crime is Committed (copyright infringement).

CRIMES

Business Torts & Criminal Activities

A non-violent crime committed through practices by deceptive individual(s) for the purpose of a financial gain is known as a “White Collar” crime.

Cotoya’s Summary

Collective Findings & Conclusion

REFERENCES

Bradley, A. (n.d.). Corporate Liability Under the Alien Tort Statute: Federal Common Law as the Standard for Third Party Liability. Retrieved from https://www.wcl.american.edu/hrbrief/16/2bradley.pdf Cheeseman, H. R. (2016). Legal Environment of Business Online Commerce, BusinessEthics, and Global Issues (8th ed.). Retrieved from https://phoenix.vitalsource.com/#/books/9781323463390.Cornell University Law School. (n.d.). Alien Tort Statute. Retrieved from https://www.law.cornell.edu/wex/alien_tort_statute.Harvey, G. E. (2012). THE PROCESS OF RISK MANAGEMENT: IMPORTANT STEPS TO TAKE. Petroleum Accounting and Financial Management Journal, 31(1), 77-86. Retrieved from https://search.proquest.com/docview/1013673696?accountid=35812https://www.google.com/#q=definition:++business+tort+liability&*http://www.businessdictionary.com/definition/civil-wrong.htmlhttp://cja.org/what-we-do/litigation/legal-strategy/the-alien-tort-statute/https://www.merriam-webster.com/dictionary/private%20wrongPrinceton University . (n.d.). Product Liability and the Pharmaceutical Industry.Retrieved from Princeton University.S. Newton; P. Borstorff. 2012. Is The Grass Greener on the Other Side: An Independent Contractor Case Study. Journal of the International Case Studies. Vol 18. Issue 5. Pgs 59-64. Retrieved from http://search.proquest.com.contentproxy.phoenix.edu/docview/1081807204/abstract/6C6190F6433340CCPQ/1?accountid=458 Mercola. (2017). Caution: The “Best Route” to Good Health is Causing 106,000 Deaths/Year. Retrieved from http://articles.mercola.com/sites/articles/archive/2011/12/31/drug-industry-more-criminal-than-other-industry.aspx




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