BUSINESS TORT AND CRIMINAL LIABILITY PRESENTATION
Agency Types: Express vs Implied
Authority to contract/act on behalf of principle contracts can be oral or written hire multiple agentsExclusive Agency ContractsBound to one agent.
No contract createdImplied behavior undefined Authority Agent’s authority is determined
Agency Types: Apparent vs Ratification
Establishes a false agency. Stops principal from denying agency relationship principal bound to contracts entered by the agency
Misrepresentation of being one’s agentPrinciple ratifies unauthorized act Principal bound to performant 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
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
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.
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
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.
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.
CRIME:A violation of a law that the government enforces punishment for.
Hiding Serious Problems with DrugsFalse ClaimsCovering Up Fatal Side EffectsObstruction of JusticeDestroying Paperwork
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
Objects of CrimeMethod of Committing CrimesRepresent Where a Crime is Committed (copyright infringement).
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.
Collective Findings & Conclusion
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